Kyle H. Jarzmik Law
New Changes to Law for Driver's License Suspensions in DUI Cases
The Georgia legislature passed new laws that went in to effect on July 1, 2017 that significantly change the options and procedures for an administrative license suspension stemming from a DUI arrest. Someone arrested for DUI and served with a DDS 1205 suspension form now has 30 calendar days to appeal their license suspension, rather than 10 business days (the old "10 day letter"), . Furthermore, the arrestee will be issued a 45 day temporary permit after being arrested rather than a 30 day permit. The $150 filing fee remains the same.
A new option for DUI arrestees is to request an Ignition Interlock Device Limited Permit and waive their right to a hearing to challenge the license suspension. This option is particularly important in cases where the driver refused the State administered chemical test, because the consequence of not winning the appeal is a 1 year full suspension of their license or Georgia driving privilege. The arrestee must pay a $25 filing fee and the cost of installing/operating the interlock device. The arrestee can only drive with this limited permit for a year even if the DUI case is resolved without a DUI conviction before that one year passes. If the driver is convicted of ANY state law while driving with this limited permit, driving in violation of the permit conditions, committing a new misdemeanor, of tampering with the device, the permit will be revoked.
Contact Kyle Jarzmik today if you have been arrested for DUI.