On May 13, 2010, Georgia Governor Sonny Perdue signed House Bill 1055. This massive bill raised fees on all aspects of the judicial system in an effort to offset some of the State’s growing deficit. This new law dramatically affects ALL NEW DUI arrests by adding an immediate requirement for an unprecedented fee for an accused DUI driver to be able to save his or her driving privileges.
Georgia now requires a $150 filing fee that MUST accompany all administrative license suspension (ALS) hearing requests related to DUI arrests. In order to protect the accused driver’s ability to continue driving, the fee must accompany all 10-day letters seeking an appeal of the officer’s proposed administrative suspension called for by O.C.G.A. Section 40-5-67.1. Absent the $150 check being included, no hearing will be scheduled and the license or privilege to drive will be suspended.
The paperwork (called the Form 1205) currently being used by police departments across Georgia to notify drivers of their pending suspension (for refusing or taking the test and being over the legal limit) do not yet reflect this change. Almost every DUI driver trying to handle his or her appeal and MOST lawyers are totally unaware of this change in the law.
We cannot stress the importance of this new change. The $150 dollar fee, made payable to the Georgia Department of Driver Services, must be sent within 10 business days of the date of arrest to DDS. Without the filing fee, the hearing request will NOT be honored.