Criminal Defense
DUI Defense in Gwinnett County: What to Know
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Protecting Your Driving Privileges After a DUI
If you're concerned about losing your license after a DUI, getting your driver's license back after a DUI, or a DUI license suspension, you need an attorney for the 30-day letter.
The thirty-day letter, or 30 Day Rule, is a part of the DUI arrest and is civil in nature. This means that, technically, it has no effect on the criminal portion of the case. It can however affect the client's ability to drive AND be used against a client during the criminal portion of the case.
Prior to 2017, drivers arrested for DUI had only 10 days to send in a letter to stop the suspension of their driving privileges. After July 1, 2017, the State of Georgia passed House Bill 205, which gave drivers 30 days from the date of the arrest to send in a request to stop any suspension from the DUI arrest.
The ALS 1205 Form
This letter, commonly referred to as an ALS (Administrative License Suspension) 1205 form, is what the client needs to stop such suspension. If not sent in, the client would face an automatic suspension of their driver's license.
This is why it is so important that clients hire a DUI lawyer who is experienced with DUI driver's license suspensions. A Criminal Defense Lawyer experienced with DUI license suspensions understands the workings of these cases and knows how the small but extremely important details affect a client's situation.
This form must have the client's general information, such as license number, address, date of the stop, reference to officer information, a money order for $150.00, and the additional required information found on the back of the form. It should be sent via certified mail to the address found on the back of the form.
Client Information
License number, address, and date of the traffic stop.
Officer Reference
Reference to the arresting officer's information as listed on the form.
Money Order
A money order for $150.00 made out to the appropriate agency.
Certified Mail
The completed form must be sent via certified mail to the address on the back of the form.
A Common Misconception
A common misconception is that since the officer didn't issue a DDS 1205 suspension form, or because the client still has their driver's license, the client does not need to worry about the response letter or the suspension.
While it is true that service in this instance would be improper, a suspension will still issue on the driver's license until the suspension issue is "cleared up." Sometimes the officer may not take your license or issue you a 1205 suspension form — however, the officer may still send the notice of suspension to the Department of Driver Services, which would cause a suspension of your license. This is just one reason why a consultation with an attorney is important.
The ALS Suspension Hearing
What happens at the ALS Suspension hearing can also affect certain situations for the criminal portion of the client's case. Although the civil portion has no "direct" effect on the criminal portion, any agreement or discussion in the ALS portion can be used against the client in the criminal portion of the case.
This is yet another reason why it is so important that you hire a Criminal Defense Attorney experienced not just with the charge itself, but also with the suspension aspect. An experienced DUI Criminal Defense Lawyer understands the workings of these cases and can determine how the interactions at the civil level may affect the criminal portion.
All of the information is administered by the Office of State Administrative Hearings (OSAH). Their website has links to check your hearing time and date, or to obtain the decision of the hearing.
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