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 DDS-1205 form informs the driver of the pending administrative license suspension following an Intoxilyzer 9000 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 only have 10 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 Georgia DDS.
The officer must also note the DUI citation number, and whether you were operating as 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 DDS-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 of license.
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 DDS 1205 intoxilyzer 9000 breath-testing device’s serial number, the name of the breath alcohol test operator, and the operator’s permit number.
By filling out the form, the arresting officer swears that the DUI driver was in control of the motor vehicle at the time of the traffic stop and the officer arrested the driver for O.C.G.A. 40-6-391 (operating a motor vehicle under the influence of alcohol or a controlled substance) or the drunk driver was involved in an accident that driving under the influence, under caused serious injury or fatality. The officer must then mark if: (1) the arrested driver refused to take a state-administered chemical test under Georgia's implied consent law, (2) the breathalyzer test shows that the driver’s alcohol content was .08 grams or higher, (3) the driver was under the age of 21 and the breath test result was .02 grams or higher, (4) the driver was operating a commercial vehicle with a breath alcohol content of .04 grams or higher.
The next field on the DDS 1205 form is for the arresting 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:
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.
If you're facing an administrative license suspension after an arrest, don't hesitate to hire an attorney. Put William C. Head on your case by submitting a free online case evaluation today.