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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

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!

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