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Question about ALS

Cumming, GA |

I was arrested for dui and driving on suspended lic. not smart I know.

When I bonded out i did get a 1205 form...does this mean they arent going ahead with the ALS ??? how would one find out if they are or not? I spoke with a lawyer earlyer today and he said that it was completly up to them is this true?? or is it a 100% that they do ALS ?

I can get it back after I take DUI school from my first DUI from a year ago...OH i refused field soberty test so I know that has an effect on it. I have an appointment to speak with a lawyer on weds . But would like to know if I can find out about the ALS before then.

I ment to say I didnt get the 1205....the officer only said field soberty he said nothing about a chemical or blood test . I also wasnt read the implied consent warning ...i dont know that it matters .

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Attorney answers 4

Posted

Most jurisdictions don't consider it to be a "refusal" if you refuse the field sobriety testing...only the chemical test of your breath or blood. I'm not sure if you mispoke there.

DMV usually is the only entity to decide whether or not to pursue that action against you. Every once in awhile, cases slip through the cracks.

If you did a blood test, you might not have been given notice of revocation until the results of your test come back.

Posted

The fact that you did not get a 1205 form means that the cop PROBABLY did not initiate an administrative suspension. But since you can't rely on that, it is important that your lawyer sends a letter to DDS within 10 business days of your arrest, requesting a hearing IF an ALS is initiated. There is no downside to this; DDS will notify you one way or another (they will not take it upon themselves to contact the cop or otherwise initiate a suspension).
If DDS allows you to reinstate your license upon completeion of DUI School, that will be further confirmation that there will be no ALS in connection with your new case.

Posted

In Georgia, if you were not served with a 1205 Form, then there will not be an administrative suspension of your license. I agree with the previous poster that the Field Sobriety Tests are entirely voluntary-and a refusal to perform those tests--by itself--is not a basis for a DUI Arrest. However, do not confuse those tests performed at the roadside with the intoxilyzer 5000 test --the breath test machine usually located at the police station.

Posted

Bob is right. If the arresting officer did not give you a copy of the DDS 1205, it does not mean that he did not submit the original, with or without your license, to DDS. I always recommend sending a "10 day letter" whenever someone has refused the state test or has a BAC over the limit. If the officer did not send in the DDS 1205, no harm; if he did, you have saved your right to the appeal.
The field sobriety evaluations are voluntary, including the Alco-Sensor or other small hand held preliminary breath test. But if you refuse the State test and the officer did submit the DDS1205, you may be facing a 12 month hard suspension.
If the officer failed to inform you of implied consent in a timely manner, and you can establish it, you may be able to win at ALS if the officer did submit the DDS 1205 and you request a hearing.

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