How do I apply for a DUI Ignition Interlock permit in Georgia?

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If you have been convicted of a second DUI within five years, you may be eligible, as of January 1, 2013, for a special limited Ignition Interlock permit. Under the old law, drivers would have to wait a full twelve months before being eligible to drive. Now, there is a new provision in the law that permits those same drivers to receive a limited permit.

ONLY CERTAIN DRIVERS QUALIFY
There are three requirements that must be satisfied before you can apply for this new permit.

First, 120 days must have elapsed from your plea/conviction date.

Second, you will have to be in either a DUI Court program, or be enrolled in clinical treatment as defined in O.C.G.A. §40-5-1. Prior to enrollment, you must complete a clinical evaluation from a provider approved by the DUI Intervention Program of the Georgia Department of Behavioral Health and Developmental Disabilities prior to enrolling in clinical treatment. Information about approved evaluation and treatment providers can be found on the DUI Intervention Program’s website, www.mop.uga.edu, which can also be reached via the DDS’ website, www.dds.ga.gov.

Third, you will have to complete a DUI School program.

DRIVING RESTRICTIONS
Once you have received the Ignition Interlock permit, O.C.G.A. §40-5-64(c.1)(2) permits you to drive for the following purposes:
(A) Going to your place of employment;
(B) Attending a college or school at which you are regularly enrolled as a student;
(C) Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; and
(D) Going for monthly monitoring visits with the permit holder’s ignition interlock device service provider.

Related information: What you should know about ignition interlock devices in Georgia

Where are you allowed to drive on a DUI limited permit in Georgia?

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pics for web points.015If you are driving on a DUI limited permit, you are allowed to drive for the following purposes:

(1) Going to your place of employment;
(2) Receiving scheduled medical care or obtaining prescription drugs;
(3) Attending a college or school at which you are regularly enrolled as a student;
(4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;
(5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of your driver’s license or by the commissioner;
(6) Attending court, reporting to a probation office or officer, or performing community service; or
(7) Transporting an immediate family member who does not hold a valid driver’s license for work, medical care, or to procure prescription medications or to school.

Can I rent a car using my Georgia 1205 form?

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Since most rental car companies require a copy of your license, it may be difficult to rent a car with the Georgia 1205 form. Many car companies are reluctant to rent out a car if they have knowledge of your pending DUI in Georgia.

What is a 30-day letter and DS-1205?

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When you receive a ticket for DUI in Georgia, often the officer will also confiscate your license.  In return you will receive a 1205 notice.  The officer may explain to you that the 1205 notice serves as your license for the next 45 days, and thereafter your license may automatically be suspended.

Make sure you read the fine print.  That notice also includes language putting you on notice that you have 30 business days to appeal the suspension.

IT IS IMPERATIVE that you act quickly to send in this letter with the required $150.00 fine.  If you do not send in the letter, it is possible that your license may be suspended after the 45 days.  There may be circumstances in which it is best not to send in the 30-day letter.

Even if you are not yet ready to hire an attorney to handle the DUI charge, you should at least speak with a defense lawyer to discuss your options regarding this 30-day letter.