Administrative License Suspension

A DUI arrest in Georgia sets two separate legal processes in motion. Each with its own deadline, its own judge, and its own consequences for your driving privileges.

When a driver is charged with DUI in Georgia, the arresting officer will frequently seize that drivers' license and provide them with a temporary driving permit known as a DDS -1205. This form acts as a valid driver's license for forty-five (45) days after the arrest. However, the driver must make an election as to how to address this matter within thirty (30) days to avoid an automatic suspension of their driving privileges in the State of Georgia. NOTE: Georgia's Department of Driver's Services (DDS) lacks the authority to suspend the license of a driver who is licensed in another state. DDS can suspend that driver's privileges to drive on the roadways of Georgia and notify the State in which the driver is licensed of the action it has taken. 

This process is what is referred to as an "administrative license suspension" and is a distinct and separate process from the criminal prosecution for DUI. The driver still faces a potential "judicial suspension" of the license depending on the resolution of the criminal case. The ALS docket will not be heard by the judge who addresses the criminal charges. An administrative law judge (ALJ) hears all ALS hearings. As it is an administrative matter rather than a criminal one, the driver does not enjoy the constitutional protections that are afforded to those accused of crimes. For example, a driver is unable to request a jury trial for the hearing. Moreover, the burden of proof upon the Petitioner (the arresting officer) is the civil standard, known as the "preponderance" standard. This standard has been described as "more likely than not" true, or greater than fifty-percent (50%) of being true. By contrast, in order to be convicted of the criminal offense of DUI, the State has to prove to a jury that it has met the "proof beyond a reasonable doubt" standard laid out in the US Constitution. This places a far heavier burden of proof upon the prosecution. In order to obtain a conviction under this standard, the State must convince a jury to unanimously agree that no reasonable person could disagree with the accused's guilt. 

❋ Option One: Appeal

File an appeal of the administrative license appeal. This is the most common approach and involves the attorney drafting an appeal of the automatic suspension accompanied by a one-hundred and fifty ($150.00) dollar money order within thirty (30) days of the arrest.  Failure to do so will result in an automatic suspension of the driving privileges. Once the appeal is filed, the driver will receive a letter from DDS which extends the privileges for ninety (90) days and assigns a date for the administrative license hearing. These hearings are held once per month.

The vast majority of ALS hearings are resolved without a hearing before the ALJ. Frequently the parties enter into a "joint withdrawal" of the Petition for Suspension. A joint withdrawal is a civil agreement in which the driver agrees to plead guilty to a charge at a later date in the criminal case. Joint withdrawals will specify whether the driver is to plead guilty to the charge of DUI or a lesser charge, such as Reckless Driving. 

Not all officers will agree to a joint withdrawal. If the driver's privileges are suspended through the ALS process, the length of the suspension will depend upon whether the driver submitted to State testing of their blood or breath. If the driver submitted to State testing, they will receive a "soft" suspension. While the license will be suspended, the driver is immediately available to have a limited permit issued. The limited permit will allow the driver to do the following:

  • Drive to your place of employment to perform the normal duties of your occupation.

  • Receive scheduled medical attention or get prescribed drugs.

  • Attend classes at a college or school that you are enrolled as a student.

  • Attend support organizations for the treatment of alcohol or other drugs.

  • Attend a driver education program or alcohol/drug assessment and treatment program.

  • Attend court, report to community supervision or probation, or perform community service. 

  • Transport unlicensed immediate family members to work, school, medical care, or get prescriptions.

  • Attend by an accountability court judge. 

After one-hundred and twenty (120) days have elapsed without any violations of the terms of the permit, the driver is eligible to have their driving privileges fully reinstated, so long as he or she has completed the 20-hour Risk Reduction class.

If the driver is deemed to have refused State testing, DDS will issue a "hard" suspension. Under this suspension, the driver cannot obtain a limited permit and will be ineligible to drive on the roadways of Georgia for a minimum of one year. This is the worst possible outcome for the driver in an ALS hearing.

❋ Option Two: Ignition Interlock
Rather than file an appeal of the ALS, the driver can opt to have an ignition interlock device installed on their vehicle. This requires the driver to go through a licensed installer and pay to have the device installed on their vehicle and monitored. The primary advantage to this approach is that the driver does not need to enter a joint withdrawal, which carries potentially negative effects on the criminal case, or whether the officer will agree to a joint withdrawal at all. After the device is installed, the driver needs to go to DDS prior to the expiration of the 30-day period and apply for the IILDP. Once approved, the driver will be required to keep the device installed for 12 months. 

Not all drivers are eligible for an Ignition Interlock Limited Driving Permit, depending on a range of factors. To view the Ignition Interlock Limited Driving Permit Customer Sheet, click here.