Continued important information about the Georgia DS-1205 form
The police officer will check the applicable block on the Georgia DS-1205 form stating the basis of the suspension. The DS-1205 Form outlines the officer’s options for issuing the intent to seek an immediate administrative suspension of your GA license or (if licensed elsewhere, your driving privileges in Georgia) PRIOR TO the criminal case ever being resolved. The Form DS-1205 offers boxes for the officer to “check off” his or her reason [for either “refusing” the State tests OR “blowing over the legal limit”] for seeking the suspension. The issuance of this form MANDATES that you file a written appeal to the proposed suspension WITHIN TEN [10] BUSINESS DAYS.
You Will Be Asked to Sign the Form 1205, and You Should Sign It
The officer usually asks you to acknowledge the pending action against your license by having you sign the document near the bottom of the Form DS-1205. Once you sign it, the Arresting Officer will sign it and (in doing so) AUTHORIZE you to take advantage of temporary driving privileges sanctioned by GA laws. You should be given the yellow copy of this multi-part form to take with you, since your plastic license is being confiscated and sent to Georgia DDS. Typically, this issuance of the Form DS-1205 happens while you are being processed at the detention center (jail) where you were taken for booking, and (possibly) the administering of the Intoxilyzer 5000 breath testing being offered (if applicable). Shortly after this, you will be turned over to the jailers at the detention facility. In some very rare instances, the arresting officer will issue the Form DS-1205 at the roadway for a person who has already said “I refuse” or otherwise indicated that he or she will not submit to the requested testing at the station.
The DS-1205 Form is Your Temporary License, so KEEP IT WITH YOU
Some arrested drivers refuse to sign the DS-1205 Form. They insist on speaking to an attorney first, or are just mad at their general predicament. Georgia’s highest court has ruled that you do not have the right to ask an attorney for advice before either submitting to official implied consent testing or refusing to be tested. This failure to sign the Form DS-1205 accomplishes nothing, and possibly could mean that you have no temporary right to drive is you refuse to sign the Form DS-1205. We can help cure that problem by filing an immediate appeal of the pending suspension. Call our 24-Hour Hotline at 404-250-1113 or Toll Free at 877-384-4367.
