You might assume that a driving under the influence (DUI) arrest leaves your license intact until you appear before a judge in the criminal case. However, a separate action against your driving privileges may already be underway, and understanding how this operates can help you protect your license.
The two cases from a single arrest
A Georgia DUI arrest sets two distinct proceedings in motion: the criminal case and the administrative license suspension (ALS) action. The criminal case moves through a state, municipal or superior court and carries penalties that may include jail time, fines and a lasting entry on your record.
Separate from this, the administrative process begins the night of the arrest, and the Georgia Department of Driver Services (DDS) addresses it. The state conditions your driving privileges on submitting to chemical testing after a lawful DUI arrest.
If an officer reports that you refused the test or recorded an unlawful breath or blood alcohol concentration (BAC) of 0.08% for standard adult drivers, 0.04% for commercial drivers, or 0.02% for drivers under 21, the DDS may begin the license suspension process without any prosecutor’s involvement.
The administrative suspension timeline
At the time of arrest, the officer typically takes your physical license and issues DDS Form 1205. This document serves a dual role: it notifies you of the pending suspension and functions as a temporary permit valid for 45 days from the date of the arrest.
The consequences depend on the reason for the suspension. A test refusal results in a strict 12-month suspension with no limited permit available for a first offense, while a first over-the-limit case may allow reinstatement after 30 days once you complete a risk reduction course and pay a reinstatement fee of approximately $200.
The window for the challenge
You have 30 calendar days from the date of your arrest to respond to the ALS action. There are two primary paths that you can take, and each has its own requirements.
The first thing you can do is to file a written hearing request with DDS and pay a $150 filing fee. This request halts the pending suspension and extends your temporary driving privileges until the Office of State Administrative Hearings holds a hearing and renders a decision.
If you are at least 21 years old and hold a Georgia driver’s license, your second option is to waive the hearing and apply for an Ignition Interlock Limited Permit, which requires a device on your vehicle that measures your BAC before the engine will start. You will need to keep this device on for at least 120 days if you failed a chemical test, and 12 months if you refused one instead.