What Is the DUI 30 Day Letter and DDS 1205 Form Georgia?

In Georgia, when you are arrested and charged with DUI, in all likelihood you will have to appear before two separate courts.  The first court is a criminal court where you will answer to the misdemeanor offense of DUI. This is a criminal case in which the state of Georgia accuses you of the offense of DUI.

The second court you may have to appear in is an administrative court. This is a non-criminal case in which the Georgia Department of Driver’s Services (DDS) www.dds.ga.gov attempts to prevent you from driving pending the outcome of the criminal case. Essentially, it is an attempt by the DDS to suspend your Georgia driver’s license before your criminal case is resolved. This process begins after you are arrested for DUI when the arresting officer fills out a document called a “DDS Form 1205.”

The arresting officer is required to fill out this form and forward it to DDS, if at the time of your arrest, you submitted to a state administered chemical test of your blood, breath, or urine and you had a blood alcohol concentration of 0.08 grams percent or more.  If the officer alleges that you “refused” to submit to a chemical test of your blood, breath, or urine, he will also fill out the DDS Form 1205 and forward it to DDS along with your driver’s license.  An alleged refusal can potentially lead to a 12-month “hard suspension” of your Georgia Driver’s License meaning there is no limited permit option available to you.  There are some exceptions to this general rule depending on the individual facts and circumstances of your case so be sure and talk to your lawyer.  The rules may also be different if you have an out of state license.

When you receive a DDS 1205 form, you have two options: (1) Install an ignition interlock device on your vehicle for a period of 12 months OR (2) Request a hearing before an administrative law judge. 

If you choose to have the ignition interlock device installed, you must do so and provide written proof to DDS within 30 days of arrest that you have had the device installed on your car by an approved provider.  The back of the DDS 1205 Form provides more information about this option.  See here.

If you choose to request a hearing, you have 30 days from the date of your arrest to request a hearing.  There is a $150.00 fee charged by the state of Georgia to request a hearing.  A certified check or money order in the amount of $150.00 made payable to “DDS” must accompany your request for a hearing.  We recommend you do so in person at DDS or send your request and payment via certified mail. If you do not request the hearing within 30 days (or have an ignition interlock device installed on your vehicle), your license to drive in Georgia will be suspended. The written notification requesting a hearing is commonly referred to as a “30 Day Letter”. After requesting the hearing, you will receive notice as to when and where your hearing (commonly referred to as an “Administrative License Suspension Hearing” or “ALS hearing”) will be held. Your lawyer can help you understand the issues that are determined at this hearing.