A DUI arrest in Georgia can put your license at risk immediately. You may be able to keep your driving privileges, but only if you act within a strict deadline.
The 30-day rule after arrest
After a DUI arrest, the officer usually takes your physical license and issues a 30-day temporary permit, often called Form 1205. At that point, your case splits into two tracks. One moves through criminal court. The other is an administrative process with the Georgia Department of Driver Services.
Under Georgia’s Implied Consent Law (O.C.G.A. § 40-5-67.1), an Administrative License Suspension begins automatically if you refuse a chemical test or test at .08% BAC or higher. You have 30 calendar days from the date of arrest to prevent an automatic suspension.
If you miss that deadline, your license will be suspended.
Two ways to protect your driving privileges
To avoid suspension, you have two options. Here’s what you can do:
- Request an ALS hearing: File a written appeal with DDS and pay the $150 fee within 30 days.
- Apply for an ignition interlock permit: Install an ignition interlock device if you qualify.
An ALS hearing focuses only on procedure. The hearing officer reviews whether the stop was lawful, whether implied consent warnings were given and whether the test was properly offered. It does not determine guilt or innocence.
If you choose the ignition interlock option, you waive the hearing. First-time offenders age 21 and over may qualify. The device must remain installed for at least four months if you took the test or 12 months if you refused.
Refusal and first-offense penalties
Refusing the state-administered test can lead to a 12-month hard suspension. If you do not win your ALS hearing, you may not qualify for a limited permit during that year. If you are later convicted of a first DUI within five years, the court may impose:
- Jail time: 24 hours up to 12 months.
- Fines: $300 to $1,000 plus surcharges.
- Community service: At least 40 hours.
- License suspension: Up to 12 months.
You may qualify for reinstatement after 120 days if you complete a DUI Risk Reduction Program and meet DDS requirements.
Why speaking with an attorney may help
A DUI case involves strict deadlines and separate administrative and criminal consequences. An attorney can review whether the stop and arrest complied with Georgia law and help you evaluate your options within the 30-day window.