What You Should Know About the Ignition Interlock Device Permit in Georgia

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If you have been arrested for DUI in Atlanta or anywhere in Georgia and the police officer wrote you up for refusing a breath, blood, or urine test (even if you do not agree that you refused), then you should know your options when it comes to the Ignition Interlock Device (“IID”).

The IID is a device that is installed in your car to monitor your blood alcohol content while the vehicle is on. This option can be a great alternative to a twelve-month license suspension as long as you can afford the installation and monitoring fees and don’t mind that your passengers see the device.

Historically, in Georgia, when a driver refused, she had no options other than to challenge the year-long license suspension by requesting a hearing through the Department of Driver Services. Now, a handful of drivers have the second option of installing an IID instead of a suspension. For some, this option makes a lot of sense. For others, it makes more sense to request an Administrative License Hearing and challenge the suspension.

Who is eligible for the 12-month IID permit after being arrested for DUI in Georgia?*

  • Georgia license holders
  • Age 21 or older
  • No other license suspensions or revocations
  • Drivers who have not had a prior DUI in the past five years

Who is not eligible for the 12-month IID permit after being arrested in Georgia?*

  • Out-of-state licensed drivers
  • Drivers with active suspensions or revocations on their Georgia license
  • Drivers with a prior DUI conviction within the past five years (measured by date of the previous arrest)
  • Drivers with a prior ALS suspension within five years
  • Drivers whose DUI arrest involved an accident with death or serious injury
  • Drivers who have not applied for the permit with DDS within 30 days of being served the notice of suspension
  • CDL drivers – but you could have an IID if you downgraded your license to non-commercial driving privileges for the duration of the suspension period

IID Step-by-Step*

  • Get IID installed in the vehicle and apply for a permit within 30 days of 1205 issuance (usually issued at the time of arrest)
  • Department of Driver Services approved locations can be found on the DDS website at this link
  • Driver must have the interlock device installed before applying for the IID permit
  • Driver must apply in person at any DDS office within 30 days of the 1205 serve date and must waive the right to an ALS OSAH hearing
  • Driver receives a mobile notification that a change has been made to their driving history if the driver signed up for services on the DDS mobile app.

Deciding whether to install an IID in your vehicle is one of the first strategic decisions you will make with your lawyer.  Be sure you ask your attorney about any additional permit limitations that may apply, including how it will impact out-of-state driving privileges and the ability to drive rental cars.

You should discuss the specifics of your case with your attorney as some exceptions may apply that are not discussed here.

Can I remove my mug shot from the internet?

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identity-theft-1024x768Increasingly there are a number of private companies that are posting arrest photos, or mug shots, of individuals charged with a crime. Although many of these websites offer to remove the photo for a fee, as soon as it is taken down, it appears on another website. Contact your attorney for advice about how to communicate with these companies.

How can I get a Georgia ID?

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When a Georgia police officer takes your license after arresting you for DUI, you may want to get a Georgia ID card for identification purposes. The Georgia ID card looks nearly identical to the license and can be used for the same identification purposes as any other form of Government ID.

You can get a Georgia ID card from the Department of Driver Services – and you may be able to request it online.

If you have to appear in person, keep in mind that they are not normally open on Mondays. Before heading to your local Department of Driver Services branch, you should call ahead to make sure you have all the required documentation.  Expect longer delays on days immediately following a holiday.

How do I select the best DUI defense attorney for my case?

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DUI First Offense Page.003Choosing the right attorney to defend your Georgia DUI is critical.  For many people, this is the first time you have ever had to hire a criminal defense attorney.  As you wade through the hundreds of options online, it can start to feel very overwhelming trying to determine which attorney is right for you. There are three critical areas of experience to focus on when choosing your attorney.

The first, is your attorney’s level of skill and knowledge in the field of DUI defense. When you are interviewing attorneys, you want to make sure that the person you are speaking with is  highly skilled in that area of law.

Ask your attorney what percentage of their practice is devoted to DUI defense.  Inquire as to whether your attorney is a recognized national speaker, who teaches other DUI defense attorneys.

You can’t always know their level of skill and experience until you see them in the courtroom, but asking about their experience teaching other attorneys is a reliable way to objectively measure whether your attorney’s level of skill is as advanced as it may have been advertised.

Second, find out if your attorney regularly practices in your court.  You may be speaking with a highly qualified attorney, but if he does not regularly appear in your court, he may not be able to fight for you as effectively as a qualified attorney who is familiar with that court.

Although the laws are applied similarly throughout Georgia, the personalities that comprise each court system, including the prosecutors, judges and jurors vary  dramatically.  Intimate knowledge of those personalities and court practices will improve the quality of your defense.  Make sure your attorney is a regular practitioner in your court.

Finally, when you meet with attorneys, it is critical that you are evaluating the trustworthiness of the person you are speaking with.  You will have to rely upon the advice of your attorney when making some of the most difficult decisions you have ever had to make in your entire life.  The consequences of your decisions will affect you, your future, and your family.  If you do not trust that your attorney will always have your best interests in mind, then you do not have the right attorney.

As attorneys, we are trained to represent individuals zealously and always put your best interests above all others.  Make sure the attorney you are hiring can and will do just that.