Georgia, like every state, has an “implied consent” law dictating that any driver within Georgia has implicitly provided consent to testing for alcohol in the blood and/or breath if that person was arrested for a charge like DUI. Georgia's implied consent law also applies to drivers who were involved in traffic accidents that lead to injuries or fatalities.
The difference in “implied consent” laws between different states comes with the penalty for refusing to take the test, that you’ve already impliedly consented to take. In Georgia, receiving a 1205 form from your arresting officer means that you either refused to take the required alcohol test, or your test indicated that you were above the legal limit.
When either of these situations occur, Georgia law mandates that the arresting officer seize your driver’s license, and issue you a 45-day temporary driving permit:
If you are charged with a violation of implied consent and given a 1205 form, it is imperative that you call a Georgia DUI attorney immediately to file an appeal. If you do not have a Georgia license, you will only be restricted from driving within the state of Georgia. However, the 1205 hearing is an opportunity for your attorney to speak with the arresting officer and can be vital to your defense. In Georgia, the police can designate the blood test as the only option to comply with the implied consent laws and the refusal can be used as evidence against you at trial.
OCGA § 40-5-67.1(f)(1)
“The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 45-day temporary driving permit.”
The 1205 form you receive is a notice of what exactly is happening when the officer takes your license. One very important thing to note is that the 1205 form, and the possible subsequent process of losing or reinstating your license, is that it is a civil, administrative process that is separate from your criminal case.
If your license has been suspended due to an arrest or a refusal, you have a few different options that are outlined in the 1205 form. Your first option is to accept the suspension, and just forego any attempts at disputing the claim.
We do not advise accepting this suspension. Instead, you should file your appeal as mentioned above.
The second option is to install an interlock device on your vehicle. Eligibility for an interlock permit requires that the driver is at least 21 years old, and has not had a DUI conviction in the past 5 years. You can also request an appeal and a hearing over whether or not your license was suspended correctly pursuant to these laws.
If you do appeal, the matter will be handled separately from your criminal case, if you have one, and it will be done through the administrative courts run by the Georgia Department of Driver’s Services.
If you’ve been arrested for DUI in Georgia, or if your license has been suspended in a case like this, it’s important to speak to an attorney to understand exactly what is happening, and exactly what your options are. Best & Brock has experienced Georgia DUI attorneys that can guide you through the process and ensure that your rights are protected.