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Can the Police Suspend my License after a DUI arrest (before I've been convicted or been to court)?

If you're reading this page, then you've likely been charged with a DUI and you've had your license taken/suspended by a police officer. Our goal is to give you the information you need to keep you driving!

The officer likely gave you a temporary permit that look like this one below. The form is known as the DDS Form 1205.

This usually means you either: (1) refused to take the state blood or breath test; or (2) agreed to give a breath sample, and the results were over the 0.08 limit. If you refused, the officer will check the box (as seen above) stating: "the driver refused to submit to the designated state adminstered chemical testing." 

What does it mean if the officer took my license and gave me this temporary permit? 

This means that your license is now suspended for 12 months! Yes, this Form 1205 is a temporary driving permit. But, it only allows you to drive for 45 days. On the 46th day, your 12 month license suspension kicks in.

You now have 30 days to try to save your license. It is critical to understand that you do NOT have 45 days to act -- you only have 30 days. If you do nothing, at the end of 30 days, you will have a 12 month license suspension.

What happens if I don't file an appeal (or get an ignition interlock) within 30 days of my arrest?

If you refused the test: if you refused the blood or breath test, and 30 days comes and goes without you doing anything, you will have a 12 month license suspension. You are not eligible to get a work permit no matter what. This is the nightmare situation. Don't let it happen to you, call us at 770-249-4405 before that 30th days runs out.

If you provided a breath sample over the limit: if you provided a sample over the limit, and the 30th day comes and goes without you doing anything, you will also have a 12 month license suspension. However, there's a big difference for you (since you did not refuse the test), you are eligible to get what's called an "ALS Permit." An ALS Permit is a limited driving permit (aka a work permit) that you are eligible for -- but only after 30 days of a full, hard license suspension. That means, if you had your license taken by the officer, and you are given a Form 1205 but do nothing for 30 calendar days -- you will get a 12 months license suspension. But, you can wait 30 days and go to DDS and get an limited driving permit, called an "ALS Permit."

Can I get a work permit after the 45th day?

Shockingly, no! Once that temporary permit expires, you cannot drive in any way whatsoever -- that means no work permit. This is an absolute nightmare situation to be in. Don't let it happen to you!

What if the officer took my license but did not give me the temporary permit?

This happens far too often. The police officer will seize a license, but fail to give you a DDS Form 1205. The question is: what do I do now? Can I do an appeal? Can I get the ignition interlock without DDS Form 1205? It is critical to call us at 770-249-4405if this is your situation. We can guide you through your options.

This is your life. Let us fight for it.

If you are facing criminal charges, you are in the right place. Give us a call at 770.249.4405, or send us a message.