If you are arrested for driving under the influence and the officer issues the 1205 form, you will now have a 45 (not 30) days on a temporary driving permit pursuant to O.C.G.A. Section 40-5-67, but you now have 30 calendar days (not 10 business days) to opt for one of two methods to avoid an administrative license suspension hearing. One option is the same as under prior law, which is to seek a hearing under O.C.G.A. section 40-5-67.1. There is still a $150.00 filing fee to request the administrative license suspension hearing. The issues addressed in this hearing are as follows:
- a) Whether the arresting officer had reasonable grounds to believe that you were driving or in actual physical control of a moving vehicle while under the influence of alcohol and were lawfully placed under arrest for DUI;
- b) Whether at the time of the request for the test or tests, the officer informed you of your implied consents rights and the consequence of submitting or fusing to submit to such test;
- c) Whether you refused the test, or if a test or tests were administered and the results indicated an alcohol concentration that met or exceeded the applicable “per se” limits of 0.08 grams or more for drivers age 21 and older, 0.02 for drivers under the age of 21, or 0.04 for operators of commercial vehicles; and,
- d) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences of a test conducted by the Division of Forensic Sciences.
If you request an appeal hearing with a 30-day letter or in person at a Georgia DDS facility, you will have waived your right to an Ignition Interlock Device Limited Permit. See Below.
The Georgia Office of State Administrative Hearings presides over Georgia administrative agencies. One of these administrative agencies is the Georgia Department of Driver’s Services. This is the agency that issues driver’s licenses in the State of Georgia. This is a completely separate court from the court where your criminal case will proceed.
Once you have properly requested for ALS hearing you generally will receive notice of that hearing about one month from the date you sent in your request. These hearings can be very important to your driver’s license and your criminal case. The burden of proof at these hearings can be easy for the officer to meet. The officer is required to show that he/she had reasonable grounds to believe that you were operating a motor vehicle while under the influence of alcohol or drugs to the extent that you were less safe to drive. The officer does not have to prove you guilty beyond a reasonable doubt to win this hearing as would be required in the prosecution of your criminal case. Your privileges or ability to drive anywhere in the State of Georgia is at stake at this hearing.