Search the site:
 

DS-1205: ALS Suspension Notification and Chemical Test Report


There are several Department of Driver Services (DDS) forms that must be filled out by law enforcement following a driving under the influence (DUI) arrest. The DS-1205 form informs the driver of the pending administrative license suspension following a breath test failure or refusal.

Following an arrest, the officer must fill out the date, time, and county of the incident. It is important to remember that date, as you have ten business days from this time to request a hearing in regards to your driver’s license suspension. Failure to request a hearing during this time means that your license will be automatically suspended by the DDS.

The officer must also note the DUI citation number and whether you were a commercial driver (commercial drivers have a lower legal blood alcohol level than other drivers over the age of 21). If hazardous materials are present during the stop, this must also be noted on the DS-1205 form.

In the next field, the officer must input the driver’s information. This includes the driver’s full name, date of birth, address, driver’s license number, state that issued the license, license class, and license restrictions, as well as the driver’s height, weight, and class.

The next section is for the officer’s sworn report, his or her information, and the chemical test data. The officer is required to fill out his or her full name, telephone number, precinct, law enforcement agency, badge number, the address of the law enforcement agency, and the agency’s telephone number. The results of the test must be filled in, along with the breath-testing device’s serial number, the name of the operator, and the operator’s permit number.

By filling out the form, the officer swears that the driver was in control of the motor vehicle at the time of the traffic stop and the officer arrested the driver for violating O.C.G.A. 40-6-391 (operating a motor vehicle under the influence of alcohol or a controlled substance) or the driver was involved in an accident that caused serious injury or fatality. The officer must then mark if: (1) the driver refused to take a state-administered chemical test, (2) the chemical test shows that the driver’s blood alcohol content was .08 grams or higher, (3) the driver was under the age of 21 and the test result was .02 grams or higher, (4) the driver was operating a commercial vehicle with a blood alcohol content of .04 grams or higher.

The next field is for the officer’s signature, the date, and the notary seal.

Following this information, the next section notifies the driver that he or she has been served with the Official Notice of Suspension of his or her driver’s license. If the driver refused to take the chemical test, the administrative license suspension will last for one year. The suspension begins on the 30th day following the arrest date.

Below this is the driver’s temporary driving permit; it is valid for 30 days following the date of the arrest. The officer must check yes or no to the following questions:

  1. Was the license surrendered? If no, the reason must be stated.
  2. Is surrendered license attached to the upper left corner of this form?
  3. Is the surrendered license a Habitual Violator Probationary license?
Both the driver and arresting officer must sign the bottom of the DS-1205 form.

After the form has been filled out completely, the officer must personally hand the yellow copy of the form to the driver for his or her records.

Call 24/7 Today:
1 (877) 384-4367

Free Atlanta DUI Case Evaluation

Bubba's Social Networking Sites Bubba's Blog Bubba's Facebook Bubba's Twitter Bubba's LinkedIn