Atlanta DUI Lawyer William C. Head

October 24, 2008

Almost 100% of Georgia DUI Arrests Involve a DS-1205 Being Issued

Filed under: Uncategorized — atlantaduilawyer @ 12:56 pm
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About 98% or more of all drivers arrested in Georgia for DUI are given this DS-1205 Form. In general, this official form states the officer’s action seeking administrative suspension of your Georgia license (or your privilege to drive in Georgia, if you are licensed in a different state). The Form offers the officer different boxes to check, as applicable to your case and circumstances. In simple terms, the officer is asserting (swearing under oath) that you either (1) refused to take the required test OR (2) that you took the test and that the test indicated the presence (in your body) of ALCOHOL at a level that was equal to or greater than the applicable legal limit [0.02 grams % for any driver under age 21, 0.04 grams % for any driver of a commercial motor vehicle, regardless of age, and 0.08 grams % for any driver age 21 or over who is NOT operating a commercial motor vehicle].

If No DS-1205 Form is Issued, You Should Receive a Form (a DS-1127 180 Day Permit)

For any driver arrested for DUI, and who either (1) took the State’s official breath test and produced a numerical result UNDER the legal limit [applicable to that driver, based on age (either under age 21 or 21 & over) and type vehicle (commercial or non-commercial) being operated] OR (2) the officer asked the driver to submit to a type of testing which would not produce an immediate numerical result [blood, urine or both], a different form should be issued. This Form DS-1127 is not a full sheet of paper, but is (instead) a small sticker with an adhesive backing that is affixed to the lower part of the DUI “citation” (traffic ticket). This DS-1127 serves as your driving permit for 180 days. It can be extended beyond the 180 day period, but that requires action by your attorney through a petition with the criminal court judge.

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