I Was Arrested for a DUI in Georgia, and the Officer took My License. Can I Go to the Department of Driver Services and Get a New One?

Posted by Richard Lawson | Oct 16, 2016 | 0 Comments

The short answer is “no;” there is a full explanation to follow:

When a person is arrested for a Georgia DUI, the police officer usually takes their driver's license and issue one of two types of permits to drive. The most common situation is when the arrestee is given a DDS-1205 form.

The DDS-1205 form is a 30-day permit that expires unless the driver's Georgia DUI Lawyer files an appeal of the license suspension. The appeal is commonly called a "30-day letter." Our office files these appeals via certified mail. The State of Georgia charges us a $150 filing fee. Failure to file the appeal results in up to a 12-month license suspension.

The other type of permit is an 180-day permit affixed to the DUI citation. This permit is usually issued when there is a pending "voluntary" blood test.

In both situations, the State is holding the license of the DUI arrestee, and this is what creates the problem. When a driver goes to the Georgia Department of Driver Services to renew or replace a license, the final written question asked is whether [your] license is being held by a court or the police. The answer to this question is under oath and under penalty of perjury. As a result, applying for a new license can expose a DUI offender to a far more serious felony prosecution.

In the event your license was not taken, we still file the appeal as a precaution. We do not risk someone's right to drive over a $150 filing fee. Driving is too important to people.

Our advice is to handle the case properly. Our Georgia DUI Lawyers are experts at restoring a person's driving privilege legally. Do not risk further complications. Call now, and we will help you.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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Georgia DUI Defense Attorneys

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