Under Georgia law, you are entitled to an Administrative Hearing before your Georgia driver’s license or privileges to drive in Georgia are suspended. At this hearing, a judge will review whether the officer had reasonable grounds to suspect that you were DUI. Upon arrest, the officer is trained to confiscate your Georgia driver’s license, or other state driver’s license if you are carrying one, and forward the license to the Georgia Department of Driver Services. The arresting officer is also supposed to give you a form, the Georgia DPS 1205 form, that serves as your temporary permit. The 1205 form is usually a yellow carbon copy sheet of paper with instructions on the back for appealing the suspension. By signing the 1205 form, the officer has initiated the process to suspend your Georgia license or privileges to drive on Georgia’s roadways if you are a non resident. It does not matter whether you agreed to sign off on the 1205 or not.
If you do nothing, your Georgia license, or privileges will be suspended after 30 days from your arrest. That is why the “10 day letter” is critical to send in. Georgia’s “10 day letter” effectively puts a stop to your license being suspended, until you have had a hearing in front of an Administrative Law Judge (ALJ). These Georgia 1205 or license suspension hearings are a ‘must have’ for drivers looking at losing their license for anywhere from 1-5 years. At the hearing, your attorney will represent you and attempt to achieve the best outcome possible, negotiating with the officer and sometimes having an evidentiary hearing before the Judge.
The most important thing to remember is that you only have 10 business days from the date you were arrested for DUI in Georgia to send the “10 day letter” in. After the window has expired, your Georgia driver’s license will be suspended, with no appeal possible. You may then be left waiting months and sometimes years to fight your DUI case before you are eligible to have your license reinstated in Georgia.