Cobb County DUI Lawyer
Defending Against DUI Charges in Smyrna, Kennesaw, Acworth, & Paulding County
Georgia has some of the toughest drunk driving laws in the country, and Cobb County, Marietta, Smyrna, Acworth, Kennesaw, and other law enforcement agencies take pride in strictly enforcing the state’s DUI laws. We have also seen a rise in DUI arrests in Cherokee County, especially in the City of Woodstock and Canton. Without ever intending to drive drunk, many adults can exceed the legal BAC (blood alcohol content) limit after just a few drinks.
If you’ve been arrested for DUI in Cobb County, Cherokee County, Paulding County, or anywhere in the metro Atlanta area, you could be subject to fines, jail time, loss of your driver’s license, and mandatory alcohol and substance abuse programs.
Being arrested for DUI in the state of Georgia can be an alarming prospect, but with the right criminal defense team by your side, you may be able to beat the charges or mitigate their impact on your life. When police officers in Marietta, Smyrna, Acworth, Kennesaw, or Cobb County make DUI arrests, they’re required to follow a strict set of protocols or they risk losing their case in court.
What is the DDS 1205 FORM? IGNITION INTERLOCK DEVICE/30-DAY LETTER OPTION
In Georgia, when you are arrested and charged with DUI, in all likelihood you will have to appear before two separate courts. The first court is a criminal court where you will answer to the misdemeanor offense of DUI. This is a criminal case in which the state of Georgia accuses you of the offense of DUI.
The second court you may have to appear in is administrative court. This is a non-criminal case in which the Georgia Department of Driver’s Services (DDS) attempts to prevent you from driving pending the outcome of the criminal case. Essentially, it is an attempt by the DDS to suspend your Georgia driver’s license before your criminal case is resolved. This process begins after you are arrested for DUI when the arresting officer fills out a document called a “DDS Form 1205.”
The arresting officer is required to fill out this form and forward it to DDS, if at the time of your arrest, you submitted to a state administered chemical test of your blood, breath, or urine and you had a blood alcohol concentration of 0.08 grams percent or more. Also, if the officer alleges that you “refused” to submit to a chemical test of your blood, breath, or urine, the officer will also fill out the DDS Form 1205 and forward it to DDS along with your driver’s license. An alleged refusal can potentially lead to a 12-month “hard” suspension of your Georgia Driver’s License meaning there is no limited permit option available to you. There are some exceptions to this general rule depending on the individual facts and circumstances of your case so be sure and talk to your lawyer. Also, the rules may be different if you possess an out of state driver’s license.
When you receive a DDS 1205 form, you have two options: (1) Install an ignition interlock device on your vehicle for a period of 12 months OR (2) You can request a hearing in front of an Administrative Law Judge.
If you choose to have the ignition interlock device installed, you must do so and provide written proof to DDS within 30 days of being issued the DDS 1205 Form that you have had the device installed on your car by an approved provider. The back of the DDS 1205 Form provides more information about this option. See here.
If you choose to request a hearing, you only have 30 days to do so. There is a $150.00 fee charged by the state of Georgia to request a hearing. A certified check or money order in the amount of $150.00 made payable to “DDS” must accompany your request for a hearing. We recommend you do so in person at DDS or send your request and payment via certified mail so you can prove your request was postmarked within 30 days. If you do not request the hearing in a timely manner (or have an ignition interlock device installed on your vehicle), your license to drive in Georgia will be suspended. The written notification requesting a hearing is commonly referred to as a “30 Day Letter”. After requesting the hearing, you will receive notice as to when and where your hearing (commonly referred to as an “Administrative License Suspension Hearing” or “ALS hearing”) will be held. Your lawyer can help you understand the issues that are determined at this hearing.
Please call us today at (770) 599-5328 for a free consultation if you were given a DDS Form 1205. Our DUI defense attorneys can help you choose the option that works best for your individual circumstances. Remember, time is of the essence. You only have 30 days from the date you receive this form to take action.