ALS (Administrative License Suspension) Changes:
Ignition Interlock Device Limited Permit Created
I. Overview of changes:
Drivers who have been charged with a DUI in Georgia and whose Georgia driver’s license is subject to an administrative license suspension (ALS), after having been served with a DDS1205-Notice of Intent to Suspend now have the option to obtain a new type of limited driving permit from the Georgia Department of Driver Services (DDS) – this new permit referred to as “Ignition Interlock Device Limited Permit” (ILDLP) or more commonly referred to as an Interlock Permit.
The Interlock Permit is conditioned upon a Driver who is subject to an ALS, voluntarily waiving their right to an administrative hearing and having the ignition interlock device installed on any vehicle they intend to use.
The period of time a Driver may legally drive on a DDS-1205 form after being charged with a DUI and served notice of an ALS has increased from 30 days to 45 days. (However, 45 days is only the period of time a Driver may use the DDS-1205 as a temporary permit – this is NOT the period of time a Driver has to apply for an Interlock permit or request a hearing).
II. Option to Request a hearing remains:
The previous ALS procedure allowing the Driver to file an appeal and request an administrative hearing, remains in place for those who do not qualify for or do not wish to obtain the new permit. The period of time a Driver has to request an administrative hearing after being charged with DUI and served notice of ALS will increase from 10 to 30 days. However, once a hearing is requested the Driver loses his/her right to apply for a ILDLP.
III. REQUIREMENTS FOR NEW PERMIT
To be eligible for the Interlock permit a driver must meet the following conditions:
Application must be made with DDS within 30 days of the person being served notice of the ALS (Typically the Day of Arrest) by the arresting officer through the DS-1205 form (or in event of a DS-12055 form, within 30 days of receiving notice of the ALS from DDS;
The ALS cannot stem from a motor vehicle accident involving fatalities or serious injury;
Driver must be licensed in Georgia and not have any other suspensions, cancellations, or revocations against his/her Georgia driver’s license;
If the Driver holds a Georgia commercial driver’s license (CDL), he/she must downgrade to a non-commercial Georgia driver’s license in order to obtain and maintain the permit;
Driver cannot have any prior convictions for DUI in the 5-year period preceding application for the permit;
Driver must surrender his/her Georgia driver’s license, either to the arresting officer at time of arrest or to DDS prior to issuance of the permit, and
Driver must pay a $25.00 permit fee.
IV. DRIVER’S NOT ELIGIBLE FOR IIDLP SYSTEM
Driver’s NOT ELIGIBLE for an IIDLP are Driver’s under the age of 21, CLD Holders and Out-Of-State Licensees. Also, a Driver whose licenses are administratively suspended for a traffic accident resulting in injuries or fatalities and those drivers who licenses are suspended, revoked or cancelled for some reason cannot make use of the IIDLP.
V. how long driver must maintain permit:
The period a Driver must successfully maintain the IID (Ignition Interlock Device) on their vehicle will be based on whether the Driver consented to or refused the state administered
chemical test requested by the arresting officer.
A Driver who consents to the state-administered chemical test and opts for the new permit must maintain the IID on their vehicle for a 4-month period. If the Driver is acquitted of the underlying DUI charge, or the underlying DUI charge is dismissed/reduced, the ignition interlock restriction may be removed at no cost and the driver’s license may be replaced.
A Driver who refused the state-administered chemical test and opts for the new permit will be required to successfully maintain the ignition interlock device on their vehicle for 12 months, regardless of the outcome of the underlying DUI charge.
The permit holder must produce successful maintenance reports of the IID to DDS monthly prior to DDS removing the IID from the permit. Permit may be renewed for a $5.00 fee, if additional time is needed for the permit holder to comply with the terms of the IID, but it can only be renewed one time once the permit holder becomes eligible to reinstate his/her driver’s license.
Following the designated term of successful compliance, the IID restriction may be removed from the limited driving permit in person at a DDS customer service center for a fee of $100.00 (or $90.00 if removal of the restriction is requested by mail or other approved alternate means). The removal fee is in addition to any reinstatement fee that may be required.