If you are charged with a DUI in Georgia, you most likely received a DPS Form 1205 from the officer that arrested you if you fall within any of the following categories:

• Contact our Georgia DUI lawyers if you submitted to the state-administered breath test and your test result registered .08 or higher.
• Contact our Georgia DUI lawyers if you were under 21 years of age at the time you received a DUI and you submitted to the state-administered breath test that registered .02 or higher.
• Contact our Georgia DUI lawyers if you have a Commercial Driver’s License (CDL), you were in a commercial vehicle at the time you received a DUI, and you submitted to the state-administered breath test that registered .04 or higher.
• Contact our Georgia DUI lawyers if the officer alleges that you refused to take the test requested by the officer that arrested you for DUI.

If you fall within any of these categories, you should request a hearing upon an administrative suspension within 10 days from the date of your arrest in order to keep your driver’s license or privilege to drive in Georgia from being suspended.  We recommend that a request for hearing be filed in every case, even if you have not received a Form 1205. A sample of the 1205 form issued in connection with a DUI arrest is provided below:

Our Georgia DUI lawyers recommend that a request for hearing be filed within 10 days from the date of arrest, even if you did not receive a Form 1205 and even if the officer returned your driver's license to you.

Many people mistakenly believe that a Form 1205 actually suspends their driver's license. Actually, the Form 1205 notifies a person charged with DUI that the arresting officer and the Department of Driver Services intends to suspend the driver's license.  The Form 1205 also serves as a temporary driving permit.  If a request for hearing is not filed within 10 days from the date of arrest, your license or privilege to drive in Georgia will be suspended.

The administrative license suspension part of a Georgia DUI case is an important and, frequently, a critical part of your DUI case. The hearing upon the administrative license suspension action can provide valuable information in the defense of your Georgia DUI charge.

With the filing of a request for hearing within 10 days from the date of arrest, your driving privileges are extended beyond the 30 days, which your temporary permit (Form 1205) is valid for.

The administrative license process is separate from your criminal DUI case.  However, the administrative license suspension case can play a crucial role in how you proceed in the criminal portion of your DUI case.

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