File an ALS Appeal or Install an Ignition Interlock Device?
NEW IGNITION INTERLOCK OPTION AVAILABLE JULY 1, 2017:
Prior to July 1, 2017, the only way to get your license back and keep driving after an arrest for drunk driving was to file an appeal letter with the GA Department of Driver Services (DDS) within 10 business days of your arrest. This letter can be filed by your attorney along with a $150 filing fee. The purpose of this letter is to request a hearing with the Office of Safety Administrative Hearings (OSAH) in an effort to stop your license from getting suspended.
“Filed” means that you can obtain a hearing in front of an OSAH judge if you can prove a postmark or a certified mail letter stamped within the 30 days, or by physically delivering your payment to GA DDS headquarters.
The address where your letter an application fee should be sent is 2206 East View Parkway, Conyers, Georgia 30013. The phone number is 678-413-8400. The DDS Customer Contact Center is open Monday – Friday from 7:00 AM – 12:30 PM and from 1:00 PM – 5:15 PM.
Starting July 1, a second option is to elect to install an ignition interlock device (IID) on your vehicle and NOT file an appeal. This is a major change to GA DUI law, and it opens up new ways for your lawyer to fight your charges. As with any new criminal law, there are stipulations, deadlines you cannot miss, and exclusions:
- Within 30 calendar days of your arrest, you must go to the Georgia DDS to apply for an ignition interlock permit.
- Then, within 10 days of getting approved for the permit, you must have it installed at a state-approved installation company. Keep in mind that you will pay for this install, plus you will pay a monthly monitoring fee.
- The interlock must be on your car for at least 120 days IF you agreed to take a breath, blood, or urine test after being arrested.
- If you REFUSED chemical testing, the interlock must be on your vehicle for 12 months and cannot be removed for any reason – even if you are found not guilty, or the final outcome is a reduction to reckless driving.
Who Is NOT Eligible For The GA DUI Interlock Program?
The IID option is NOT available to drivers under 21 years of age, CDL commercial license holders, anyone with at least one DUI conviction in the past 5 years from ANY state, and any out-of-state license holders.
What Happens If I Don’t File a License Suspension Appeal or Apply for an Ignition Interlock?
If you do nothing (don’t file an appeal or request an ID) within 30 calendar days, your Georgia license will be suspended for 120 days if you agreed to take a chemical test. This automatic license suspension takes effect on the 46th day after the date of your arrest. You will also be eligible for a temporary restricted driving permit. This permit allows you to drive back and forth to work or school, and a few other necessary destinations. NEVER drive with a suspended license, especially if your DUI case has not been settled.
If you REFUSED a blood, breath, or urine test, and you miss the 30-day deadline, your driving privileges will be suspended for 12 months beginning on the 46th day after your arrest date, and you won’t be eligible for a temporary driving permit.
Kohn & Yager Can Help You Choose the Best Option For You
The new ignition interlock option is not for everyone. Having to blow into a tube inside your vehicle every time you want to go somewhere is both embarrassing and possibly harmful to your job if coworkers ride with you. Call Larry Kohn and Cory Yager at (404)567-5515 to request your FREE initial consultation, and they will review the facts in your case plus your personal situation, and recommend the best course of action. Our GA DUI law firm is open 24 hours a day, 7 days a week, and on all major holidays.