DUI driving consequences

When you are arrested for DUI in Atlanta, two simultaneous legal actions are initiated against you. The first is that you are formally charged with a crime. The DUI ticket(s) will be filed in the criminal court and you will be ordered to appear on a specified date for your arraignment. The second legal consequence occurs when the officer issues you a 1205 form initiating a license suspension action against you. If you do not take any steps to oppose the suspension, your driver’s license will be automatically suspended after 30 days.

Facing license suspension

For most individuals subjected to a first DUI arrest, the length of a potential suspension will depend on whether you refused to take the officer’s BAC (blood, breath or urine) test. If you took the officer’s test, then you may only be facing a 120-day suspension, with the eligibility for a limited permit that will allow you to drive to and from school or work. If, on the other hand, you refused the officer’s test at the time of arrest, you could be subjected to a 1-year “hard” suspension; there is no work permit available for this type of suspension, though some may be eligible to apply for an ignition interlock device. But either way, you must first take action against your license suspension with a 30-day letter.

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The 1205 form issued serves as your license for the next 30 days, and it also includes fine print putting you on notice that you have 30 days to appeal the suspension. By sending in a 30-day letter (accompanied with the required $150.00 fine), you are requesting a special administrative license hearing (ALS) from the Georgia Department of Drivers to oppose the suspension. The 30-day limit also applies to those eligible to apply for and install an ignition interlock device on their vehicle instead. If you do not take any steps to oppose the suspension or apply for the interlock option, your driver’s license will be automatically suspended after those initial 30 days.

Which drivers arrested for DUI who refused the state test may be eligible for the 12-month Ignition Interlock permit?

  • Georgia license holder, age 21 or more, with no other suspensions or revocations against their license
  • No prior DUI convictions in the past 5 years

Which drivers arrested for DUI who refused the state test may NOT be eligible for the 12-month Ignition Interlock permit?

  • Out-of-state licensed drivers
  • Drivers with active suspensions or revocations against their Georgia license
  • Driver with a prior DUI conviction within the past 5 years (measured by date of prior arrest)
  • Driver with a prior administrative license suspension within 5 years
  • Driver 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 DS-1205
  • Commercial Drivers License drivers – but may have IID if license downgraded to non-commercial driving privileges for duration of suspension period

How to Apply for the Ignition Interlock Device

  • Get ignition interlock installed in the vehicle within 30 days of 1205 issuance
  • Approved locations here: https://online.dds.ga.gov/ddsgeorgiagov/locations/interlock.aspx
  • Driver must have the interlock device installed prior to applying for the ignition interlock device permit
  • Driver must apply in person at any DDS office within 30 days of the 1205 serve date, and must waive right to ALS OSAH hearing
  • If the driver applies for the interlock permit within 30 calendar days with the interlock device installed, and the DDS has not yet received the 1205, a notation will be made on the driving record, and the driver can obtain the interlock permit as soon as the 1205 has been received
  • The client will not automatically be notified by the DDS if/when a 1205 is added to the driving record – the driver must contact DDS Customer Service at 678-413-8400 to determine if a 1205 has been received. However, If the driver has signed up for online services, the driver can check the driving history online for changes. The driver will receive a mobile notification that a change has been made to the driving history if the driver has signed up for services on the DDS mobile app.
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Attorney Erin H. Gerstenzang

Criminal defense for first DUI in Georgia

When you’re facing a DUI charge, there is a sense of urgency when you are released from jail to find an attorney as quickly as possible so that you can start the process of clearing your name and submit a 30-day letter to request an ALS hearing. Choosing the right attorney to defend your Georgia DUI is critical.

You can rely on Attorney Erin Gerstenzang to help you protect your Georgia driver’s license. With intimate knowledge of the administrative license suspension laws in Georgia, she’ll help you avoid suspension.

Contact our offices today to schedule a consultation to discuss your pending DUI charges and file a 30-day letter.

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What it's like to work with Erin

Great Traffic Lawyer

I’ve been a lawyer long enough to know that traffic court, especially in the City of Atlanta, is a very specialized practice. Accordingly, when our son was involved in a minor traffic accident, and we did not want to have to submit to the Atlanta Traffic Court’s “Pre-Trial Intervention-Traffic” scam, we reached out to Erin to handle it. Through her knowledge of the system, the solicitors, and the judges, she got us a great result, which was certainly much better than we could have achieved on our own.

I highly recommend her.

Highly recommended!

Erin is confident, competent, knowledgeable, responsive and proactive. These are the key qualities I was looking for in an attorney. She was able to answer all of my questions and managed my expectations – while I was weighing my options. I ultimately decided to take my DUI case to trial and the ruling was in my favor, icing on the cake! If you are looking for legal representation, I strongly recommend consulting/hiring Erin.

Pleasant, effective and efficient – thanks Erin!

I wanted the best possible legal outcome and Erin also came highly recommended through another lawyer. She was 100% worth it. Without getting into specifics, I would not have managed the same outcome if I appeared in court on my own. She knew the system, the judges, the court, etc and was extremely timely in her communications and follow-up in the lead up to my court date. Hiring was simple (electronic documents and payment); we communicated over calls and texts, without me having to meet her till the morning of my court date. She was patient in answering all of our questions and explained the legal scenarios clearly. So glad we hired her given the peace of mind and result. Thank you Erin!

Best Attorney – who can empathize, understand your problems & finds best way to get you out of it – got all my charges dismissed

I was looking for an attorney who could understand my case, who will be able to effectively fight for me and get the best outcome. That’s exactly what Ms. Erin did. She got to drop all the charges including reckless driving and also got my arrest to be restricted. I highly Recommend Ms. Erin.

Great Lawyer!

Erin was amazing to deal with from start to finish. She really knew what she was doing and knew her way around the courthouse and prosecutors so that we could get the best result possible. She was very professional and communicated things to me very quickly and easily. She helped me out of a somewhat major traffic violation with only a fine. I would highly recommend her to anyone.

Stellar Lawyer

I hired Attorney Erin regarding traffic; I was so impressed with her thoroughness engagement and professionalism. She was able to get the largest charge dismissed and I paid a fine for the lesser charge. She was engaged and caring. I always knew what was going on and her prices were very reasonable. This is the lawyer to trust!

Erin saved me time, money and a whole lotta tears

Erin is top notch and made everything easy + seamless when I was feeling very frustrated and upset. I got a speeding ticket in Brookhaven and was not only thrilled with the result she achieved, but also how quickly she helped me.

As an attorney myself, I thought about handling the ticket on my own. I’m so glad I didn’t! She got me a better result than I ever could have imagined in no time. Get off the fence and contact her if you want this weight lifted off your shoulders.

Really Really Great Attorney

Let’s start by saying I was charged with D.U.I ; Marijuana possession; Single car accident on a major highway here in Atlanta; & Refused sobriety test. It didn’t matter Mrs.Gerstenzang went to work had charges reduced to Wreckless Driving with a reduced fine. No headaches of D.U.I classes, no drug evaluation; no probation.

She was Awesome! I would recommend her to represent you. Trust me.

Absolutely the best, kindest, most upfront and caring attorney I have come across!

I called Erin for a simple consultation, and WOW, the wealth of knowledge the gave me was enough for me to go into court and represent myself effectively! She is not a crook or a scam artist out to take advantage of you, she genuinely cares about you and wants you to come out victorious, whether you do or do not use her. I highly recommend her, because not only is she sweet, kind and caring, she is upfront, honesty and to the point – exactly what a lawyer should be! She is definitely an asset to the Atlanta area attorneys and to any client who should choose to use her! There is no better option.

Great Traffic Lawyer

I’ve been a lawyer long enough to know that traffic court, especially in the City of Atlanta, is a very specialized practice. Accordingly, when our son was involved in a minor traffic accident, and we did not want to have to submit to the Atlanta Traffic Court’s “Pre-Trial Intervention-Traffic” scam, we reached out to Erin to handle it. Through her knowledge of the system, the solicitors, and the judges, she got us a great result, which was certainly much better than we could have achieved on our own.

I highly recommend her.

Great Traffic Lawyer

I’ve been a lawyer long enough to know that traffic court, especially in the City of Atlanta, is a very specialized practice. Accordingly, when our son was involved in a minor traffic accident, and we did not want to have to submit to the Atlanta Traffic Court’s “Pre-Trial Intervention-Traffic” scam, we reached out to Erin to handle it. Through her knowledge of the system, the solicitors, and the judges, she got us a great result, which was certainly much better than we could have achieved on our own.

I highly recommend her.

DUI

If you are definitely looking for a lawyer that would represent you because they have your best interest at heart, Erin is the right person for the task. Not only would she explore and exhaust all options for your case, but she would guide you and give you feedback. She is excellent , knowledgeable, experienced and friendly. I was facing DUI and I had priors before, Erin was able to fight on my behalf and secure a favorable outcome in my case.

Erin Saved My License!!!

I was arrested for DUI in July, and it was a very scary and stressful time. Erin was able to turn all of that around for me.

The video of my arrest was terrible…after watching what I could stomach, it was apparent that Erin had her work cut out for her. My case was very complicated, and there were several factors that made it difficult to win. In court, it was very clear that Erin is highly respected among her peers. Erin was able to guide me through this tough time, while keeping my driving status in tact, not to mention avoiding jail time! I appreciate Erin’s hard work and dedication.

Erin Saved My License!!!

I was arrested for DUI in July, and it was a very scary and stressful time. Erin was able to turn all of that around for me.

The video of my arrest was terrible…after watching what I could stomach, it was apparent that Erin had her work cut out for her. My case was very complicated, and there were several factors that made it difficult to win. In court, it was very clear that Erin is highly respected among her peers. Erin was able to guide me through this tough time, while keeping my driving status in tact, not to mention avoiding jail time! I appreciate Erin’s hard work and dedication.

The best call I ever made

I found myself in a bit of a bind and needed someone that knew the system and could respond quickly. Erin turned on a dime to get me out of the immediate situation I was in and then worked with me to resolve the larger issues with in a month. I have her number in my cell phone and gave it to my family and friends so they know who to call if something goes wrong.