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Specific Instructions on how to get an Ignition Interlock Permit in Georgia

If you're reading this page, then you've likely been charged with a DUI and you've had your license suspended by a police officer. That means you're having to decide whether to: (1) do an ALS appeal; or (2) get an ignition interlock (officially called an "ignition interlock device limited permit" or IIDLP).

If you decide to go the IIDLP route, here is what you need to know.

  1. You can only get one when you've been arrested for a DUI and a form 1205 has been issued (when the officer takes your license they are supposed to fill this form out, submit it to DDS, and give you a copy)
  2. You must first get the interlock device installed on your car. Then, and only then, will DDS issue you the IIDLP. 
    1. This means you have to first get the device put on, then go to DDS with proof that the device is installed. You cannot go to DDS first. This is important because you only have 30 days from your arrest to get the permit from DDS. You don't want to be cutting it close on time. We have had clients who got the device installed within the 30 days, but didn't get to DDS for the IIDLP in time. We actually were able to get DDS to issue them the permit, but it was not easy. 
  3. You cannot get an IIDLP if:
    1. You had a DUI conviction within the past 5 years (this is measured from arrest date to arrest date -- not the date of conviction)
    2. You are under the age of 21
    3. You have an out of state license (a license from any state other than Georgia). (For more informaiton about this situation, see our "What if I have an Out of State License and I refuse a Breathalyzer in Georgia?")
    4. Your license was already suspended or revoked prior to this current DUI arrest
  4. If you have a Commercial Driver's License (CDL), you can get an ignition interlock, but if you do your CDL will be downgraded for the entire period of your suspension
  5. If you refused the officer's request for you to take the blood/breath/urine test and you decide to get an IIDLP, you will have to keep the IIDLP for 12 months. And, even if you later "win" your DUI, you still have to keep the IIDLP for the full 12 months.
  6. If you did not refuse the officer's request to take the blood/breath/urine test (and your results were over the limit), and you decide to get an IIDLP, your IIDLP permit will last for 4 months. 
  7. The IIDLP provides the right to drive but only in the state of Georgia. You cannot drive out of the State of Georgia on an IIDLP.

Where do I get the ignition interlock device installed on my car?

If you've decided you're eligible, and you want the ignition interlock, here is a link to of all of the Georgia DDS approved ignition interlock providers. 

What are the restrictions on driving with an ignition interlock permit?

It is important to understand that an ignition interlock permit is a limited permit. That means it doesn't permit you to drive in all situations (like a normal license). So, the question is: what are the limitations on the ignition interlock permit? OCGA § 40-5-64.1(e) lays out the accepted uses of ignition interlock:

(e) ...An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely for the following purposes:

(1) Going to his or her place of employment or performing the normal duties of his or her occupation;
(2) Receiving scheduled medical care or obtaining prescription drugs;
(3) Attending a college or school at which he or she is regularly enrolled as a student;
(4) 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;
(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 his or her driver's license or by the commissioner;
(6) Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or performing community service;
(7) Transporting an immediate family member who does not hold a valid driver's license for work, to obtain medical care or prescriptions, or to school;
(8) Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18; or
(9) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider.

Interestingly, the DDS Manual lists these uses as "exceptions that will avoid a permit revocation if sufficient proof is provided." In other words, DDS infers that the burden of proof is on the driver to prove through "sufficient proof" that the driver was using driving for these same purposes. 

If you would like guidance on whether to get the IIDLP, we are standing by to help you. Call us at 770.249.4405

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