Getting arrested and charged with a DUI creates two (2) distinct paths that can lead to your Georgia driver’s license being suspended: (1) the criminal procedure path which leads to an either a criminal trial before a judge or jury, or to a plea, and (2) the administrative procedure path which leads to either an administrative hearing before an administrative law judge or a negotiated resolution with the law enforcement officer that initially arrested you and charged you with a DUI.
Along the first path referenced above, being convicted of a DUI results in your license being suspended. It is the second path referenced above that people often overlook and forget about. Forgetting can lead to having your license suspended within ten (10) days of your arrest, which is why you need the services of a DUI attorney at the Sellers Law Firm that can protect your interests.
So what is a Form 1205? A Form 1205 is the official notice form given to you by the arresting officer at the time of your DUI arrest. An example of a Form 1205 can be found on the Georgia Department of Driver Services website. A DUI arrest does not always result in a Form 1205 being issued by the arresting officer, but more often than not a Form 1205 will be issued.
At the time of arrest, a Form 1205 will be issued to you by the arresting officer if you are asked to submit to a state-administered chemical test of your blood, breath, or urine and one of the following occurs:
a) you refuse implied consent;
b) a chemical test indicates a BAC of .08 grams or more (if you are 21 years of age or older);
c) a chemical tests indicated a BAC of .02 grams or more (if you are under 21 years of ag); OR
d) a chemical tests indicated a BAC of .04 grams or more (if you are operating a commercial motor vehicle at the time of the stop).
If you receive a Form 1205 it is crucial that you appeal the suspension within ten (10) days of the Form 1205 being issued. To appeal the administrative suspension, the Sellers Law Firm will file what is commonly known as a “10-Day Letter” on your behalf. Once the 10-Day Letter is filed and you have officially appealed your administrative suspension, you will receive notice from the Georgia Department of Driver Services (DDS) that your appeal was received and that your license remains valid until a date certain. Generally, your driving privileges will be extended until such time as a date is set for your administrative license hearing, but always follow the restrictions and limitations set forth in your notice from DDS.
Once an administrative hearing is held, you will have the opportunity to present your case to an administrative law judge. It is crucial that you have an attorney representing you at this stage as evidence in the administrative hearing can be used either to your benefit or detriment at your later criminal hearing.
A DUI is a life-changing experience that has repercussions that follow you for the rest of your life. This is not the time to try to handle things by yourself or attempt to navigate the legal waters without someone in your corner who can protect you along the way.
At the Sellers Law Firm we are here to help you in your time of need. Give us a call today at the Sellers Law Firm: where clients become family.