State Test

Administrative License Suspension (ALS) / Implied Consent

If you refuse to take the State administered breath or blood test, your license should have been taken by the arresting officer and you were issued a 45-day temporary driving permit (1205 form).

You will have three options to address it.

Option 1

Do nothing your GA driver’s license will be suspended for one year, no limited permit, on the 46th day after your arrest date.

Option 2

Within 30 calendar days of your arrest, you must submit a request to the Georgia Department of Drivers Services (DDS) for an administrative hearing regarding your license. There is a $150.00 filing fee associated with it. This will stay the automatic suspension and you will be issued a 120-day temporary driving extension from DDS. A hearing date will be set before an administrative law judge from the Office of State Administrative Hearings (OSAH). The location of the hearing will vary depending on the county where your DUI arrest occurred.

At the hearing this is what you can expect:

A. Officer does not show

A motion to rescind the suspension will be made and you can get the hard copy of your license back.

B. The officer appears at the hearing.

1. You have a hearing before the Judge.

   If you lose you will be suspended for one year, no limited permit. If you win, you get your license back.

2. You can enter into an agreement with the officer.
   
   1. A joint withdraw, where you agree to plead guilty to DUI in court and the officer will withdraw the suspension request.
   2. A joint withdraw, where you agree to plead guilty to reckless driving in court and the officer will withdraw the suspension request.

      **Note, all Georgia State Troopers or Forsyth County deputies will not agree with this one.

   3. A unilateral withdraw from the officer. No agreement is made by the driver.

Option 3

Within 30 calendar days of your arrest, install an ignition interlock device in your vehicle. You must have Georgia Driver’s license, over 21 years old and no prior DUI convictions within the prior 5 years. You must have it installed and go to DDS within 30 days of your arrest and you will waive your right to have an administrative hearing as explained in Option 2. You must have the ignition interlock in your vehicle for 12 months. You will have a limited driver permit and you cannot uninstall before 12 months regardless of the outcome of your court case. There is an install fee and monthly download fees you will incur.