New Georgia DUI Administrative License Suspension law in effect
As of July 1, 2017, Georgia’s House Bill 205 is the new law in Georgia when it comes to the administrative suspension of your driver’s license. When you are charged with DUI, the State of Georgia can also administratively suspended your privilege to drive in Georgia for up to one year, if you refused the tea, registered over .08 (over 21), registered over .02 (under 21), or registered .04 if your driving a commercial vehicle. An officer can start the suspension procedure by serving you with a DS 1205 form. This is temporary driving permit and a petition to suspend your license. Your failure to appeal it will result in a suspension. Previously, the temporary permit was for 45 days and you had 10 business days to file an appeal. Once you filed the appeal you would receive a hearing.
HB 205, changes a few things. Now the DS 1205 form is a 45 day temporary driving permit and you now have 30 calendar days to file an appeal. The appeal procedure will be the same, other than the time to file for an appeal. There is now a third option under HB 205, you can waive your right to an appeal and apply for a ignition interlock device limited permit. This is only available if this is your first DUI in five years as measured from dates of arrest, there was no motor vehicle accident involving serious injuries or death, you have Georgia driver’s license, and the application must be made within 45 days of your arrest. If you choose this option, you must place the ignition interlock device in your vehicle and pay a $25.00 permit fee. If you took the state administered test, you will be required to maintain the ignition interlock for 4 months. If you refused the test you must maintain it for 12 months. On a refusal case, if your case is dismissed or reduced in court, you cannot get out of the 12 month ignition interlock.