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

If you have been arrested for DUI 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.

How Do I Resolve My FTA Status?

It could happen to anyone. You receive a traffic ticket, and even though you planned, with the best intentions, to attend court, it never makes it to your calendar. The ticket gets misplaced. The court date comes and goes, and you are blissfully unaware of the process that is now underway to suspend your license and possibly result in a bench warrant issued for your arrest!

Bench Warrant and FTA ArrestAll the while, the entire incident has completely slipped your mind. That is until you receive a letter from the Department of Driver Services (“DDS”) notifying you that your license was suspended (or they are about to suspend it) due to the failure to appear (FTA) issued by the traffic court.

Suspended license

An even worse scenario is when you do not see the notice from DDS, and you are notified of the bench warrant and suspension by a police officer on the side of the road – while writing you a ticket for driving on a suspended license. Now you are facing jail time on the new charge. To make matters worse, you can not bond out of jail until you figure out how to lift the original bench warrant that the Judge issued for your FTA.

An FTA license suspension can also have permanent consequences because it stays listed on your driving history. While this should not have significant adverse ramifications for many drivers, it can cause serious problems for those whose occupation involves driving. In some settings, this kind of suspension can lead to termination when the employer discovers it either through employee disclosure or a routine driver’s history background check.

Examining these scenarios shows how an innocent mistake might lead to highly disruptive and wildly unexpected consequences! This sequence of events is far more common than most people suspect. You are not alone if you believe that license suspension seems unnecessarily harsh for inadvertently missing a traffic court appearance. Although it may be severe, it is an extremely cost-effective method for getting those who initially miss court to return and handle their citation. As a result, almost all traffic courts impose this penalty for missed court dates.

Resolving the FTA Status

Despite the harsh nature of FTA penalties, once you know the FTA status and/or bench warrant, it may be a relatively simple matter to resolve. Usually, it involves communicating with the issuing court, paying a fine, and getting the appropriate paperwork – indicating the court’s removal of the FTA suspension – to the DDS.

Understanding the Process.001

However, the process will vary from court to court. Some courts require you to appear before the Judge – especially if you want to handle it without the assistance of an attorney. If you are considering resolving an FTA case on your own, remember that there is one significant benefit an attorney can offer. In many instances, an attorney can lift the FTA or bench warrant without requiring you to appear in court. Not to mention they have a wealth of knowledge and experience that can simplify the process. So you do not have to stress over whether or not you are taking the correct course of action.

If you are facing an FTA suspension and you are unsure about your next steps, contact an attorney today to learn about your options.

 

 

Can I remove my mug shot from the internet?

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?


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 with you.  Expect longer delays on days immediately following a holiday.