THE IMPLIED CONSENT NOTICE
AND TESTING METHODS
If you are arrested for Driving Under the Influence of alcohol (DUI), the arresting officer should read the Georgia Implied Consent Notice at the time of the arrest and request that you take one or more State administered chemical test.
Breath tests are performed on the Intoxilyzer 5000 ® (some people mistakenly call this a Breathalyzer ®).
In a blood test, a sample of your blood is drawn by a qualified person and sent to the state crime lab to test the alcohol level in your blood.
If a urine sample is taken, it is also sent to the crime lab. Usually urine samples are used only for drug testing, not alcohol testing.
THE 10 DAY RULE
FOR REFUSING OR HAVING AN UNLAWFUL BLOOD ALCOHOL LEVEL
If you refuse to take the requested State administered chemical test, or if you take the test and your blood alcohol level amounts to a "per se" violation,* the officer is required by law to submit a sworn report to the Department of Public Safety to initiate an administrative license suspension hearing. This hearing is separate and apart from any criminal hearing (plea or trial) and is conducted by the Office of State Administrative Hearings (OSAH).
* 0.08 grams for cases made on or after July 1, 2001 if you are age 21 or over, 0.02 if you are under 21, and 0.04 if you were operating a commercial vehicle
If you either refuse to take the test or test for a "per se" alcohol level, you have ten business days to request an administrative hearing. Do not count weekends, state holidays, or the day you were arrested. If you do not request the hearing within the ten business days, then the following penalties apply:
PENALTIES FOR REFUSING
If the arresting officer initiates a refusal suspension, and if you do not request a hearing in a timely manner, then on the 31st day after your arrest, your driver's license will be suspended for one to five years, depending upon your record.
No limited permit is allowed, even if this is your first ever DUI charge. The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing. The only way the suspension can be undone is if you have a trial and win or if you plead to a charge that is not a DUI. CREDIT FOR AN
Keep in mind that if you receive an administrative suspension because of a "per se" alcohol level, all of that suspension time will be credited against any license suspension you receive if you are convicted or plead guilty.
However, if you receive an administrative suspension because you refused to take the state test you will receive no credit for that suspension time.
If you request a hearing in a timely manner (always consult a DUI defense lawyer regarding this matter), you will at least have a fighting chance. If you do not request this hearing in a timely manner, your license will be automatically suspended and you still have to go to court on the DUI.
You should not be in the position of having to drive on your copy of the citation. If you were driving on a Georgia license and refused the State test or if your BAC was over the per se limit (0.08 for over 21), the officer should have attached your license to a DDS Form 1205 notice of suspension and 30-day temporary driving permit and served you with a copy to drive on. If you submitted to a blood test and the results were unknown, the officer should have affixed a DDS Form 1127 sticker to your copy of the citation as a temporary driving permit. If you submitted to the State test and your BAC was under the limit, you should still have your driver’s license. If you had an out of state driver’s license it should have been returned to you or attached to the DDS Form 1205. A copy of a DUI citation, absent a temporary driving permit, is no substitute for a driver's license.To determine what you should do about driving while your case is pending, you should consult with an attorney to determine what should be done to protect your driving privileges in your specific case.
It sounds like you were issued a yellow "1205" form. This is also a 30 day temporary driving permit. The driving permit is located at the bottom of the yellow form. When the police officer suspects you of driving under the influence in Georgia, the officer will read an implied consent notice. If you refuse the state administered test, or agreed to the state administered testing and registered a 0.08 BAC or greater, the officer will suspend your driver's license. The officer will aso give you a "1205" form with the temporary driving permit explained above. When you recieve a "1205" form you have ten business days to appeal the officer's decision to suspend your drivers license. If you have questions or concerns you should deffinitely contact an expereienced DUI attorney.
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