The Nelson Law Group

Understanding Georgia’s DUI Laws and Form 1205: Your Essential Guide

As experienced attorneys at The Nelson Law Group, we bring to you a comprehensive overview of Georgia’s DUI laws, specifically focusing on the importance of Form 1205 following a DUI arrest. Understanding these laws is critical to your defense, and this guide aims to simplify the complex legal landscape for anyone facing such charges.

Key Insights into Georgia DUI and Form 1205 

Georgia’s DUI laws set in motion a swift and consequential process once you’re handed Form 1205 after a DUI arrest. This isn’t just a formality; it initiates an Administrative Drivers License Suspension, which is an independent civil matter and more immediate than the criminal DUI case. This affects not only Georgia drivers but also those with out-of-state licenses, impacting their driving privileges significantly. At The Nelson Law Group, we specialize in guiding our clients through these complexities.

Critical Timelines and Legal Nuances 

After arrest, you have a 30-day window to challenge the suspension of your driving privileges, a significant shift from the previous 10-business-day period. This may seem like enough time, but every day counts in preparing a robust defense strategy. The suspension varies based on your compliance with the state test – a refusal can lead to a strict 12-month suspension of your driver’s license with no leniency for work or hardship permits, whereas submission might offer avenues for early reinstatement of your driving privileges.

Understanding the Ignition Interlock Permits 

Amendments in the law have introduced the Ignition Interlock Device (IID) as an alternative to the 12-month hard suspension. Eligible drivers may have the option to install an IID in their vehicle to maintain limited driving privileges while contesting their DUI charges. However, eligibility criteria are strict, and the law and the Georgia Department of Driver Services rules must be followed.

Eligibility for Ignition Interlock Device Permits 

Two categories of second-time DUI offenders within five years can consider this option: those who consented to the state test and those who refused. Each path has its implications and prerequisites, which need careful evaluation.

Making an Informed Choice 

It may seem as though you have many choices – either let your license be suspended, appeal for a hearing, or opt for an IID limited driving permit. However, each option can carry significant legal consequences and require tactical considerations. You should not delay this decision. Early engagement of a qualified DUI attorney can significantly impact the outcome of your case.

Facing DUI charges in Georgia demands immediate and informed action. Each decision can significantly impact your legal standing and driving privileges. As attorneys dedicated to defending your rights, we encourage you not to navigate this complex terrain alone.

Four of the five attorneys at The Nelson Law Group were once Assistant District Attorneys at District Attorney’s Offices in either the Augusta, Columbia, or Toombs Judicial Circuits with one also serving as an Assistant Solicitor General in the State Court of Richmond County Solicitor General’s Office. Two of our attorneys have served as Staff Attorneys for Superior Court Judges in the Augusta, Columbia, or Toombs Judicial Circuits, which gives us unique knowledge of how judges think about criminal cases. Another attorney at our office served as a law clerk for a Georgia Supreme Court Justice.


We fight for you, and we don’t back down. Every criminal charge holds potentially life-altering consequences. We don’t hold back on providing our clients the best possible criminal defense available. If you, a family member, or a close friend faces criminal charges, contact The Nelson Law Group today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our creative defense strategies with one of our experienced criminal defense attorneys.

DISCLAIMER: The content on this page is offered solely for informational purposes and might not represent the current law in your jurisdiction. None of the details provided here should be interpreted as legal advice from The Nelson Law Group or from the individual writer. Additionally, it is not meant to replace professional legal advice. Readers should not base their actions or decisions to abstain from actions solely on the information found in or available through this page. Instead, they should seek tailored legal or other expert counsel regarding their specific situation from an attorney or other professional authorized to practice in the reader’s state, nation, or other relevant licensing area.

Category: Administrative License Suspension (ALS), DUI Defense