Georgia DUI Defense and ALS / IID Permit Hearing Package

Georgia DUI Defense and ALS / IID Permit Hearing Package

Cover Memorandum and Client Information

SECTION 1 — Implied Consent and ALS Summary (Client Handout)

Under O.C.G.A. §§ 40-5-55 and 40-5-67.1, any person operating a motor vehicle in Georgia is deemed to have consented to chemical tests of breath, blood, urine, or other bodily substances designated by the arresting officer.

Critical Deadline — 30 Calendar Days from Arrest / Service of Form 1205:

☐ Option A — Request ALS hearing under O.C.G.A. § 40-5-67.1(g) with the Department of Driver Services (DDS). Filing fee $150. The hearing is conducted by an Office of State Administrative Hearings (OSAH) administrative law judge.
☐ Option B — Elect Ignition Interlock Device Limited Permit (IIDLP) under O.C.G.A. § 40-5-64.1 (and § 40-5-67.1(c.1)). Requires installation of an ignition interlock and waiver of the ALS hearing.

ALS Suspension Periods (O.C.G.A. § 40-5-67.2):

☐ 1st offense — refusal: 1 year "hard" suspension (no permit for refusals)
☐ 1st offense — test ≥ 0.08 (adult): up to 1 year with limited permit eligibility after 30 days
☐ Under-21 driver with BAC ≥ 0.02 — 6 months to 1 year
☐ Commercial driver — separate CDL disqualification (§ 40-5-151) for ≥ 1 year (lifetime for 2nd alcohol-related offense)

Implied Consent Warning must be read at the time of arrest from the applicable card under § 40-5-67.1(b)(1) (under 21), (b)(2) (age 21+), or (b)(3) (commercial drivers). Failure to read the proper card or material deviation is grounds to suppress / rescind.

SECTION 2 — Request for ALS Hearing (Form OSAH-1)

STATE OF GEORGIA — OFFICE OF STATE ADMINISTRATIVE HEARINGS
DEPARTMENT OF DRIVER SERVICES

DDS Case / License No.: [________________________________]
OSAH Docket No.: [________________________________] (assigned)

REQUEST FOR HEARING UNDER O.C.G.A. § 40-5-67.1(g)

Petitioner, [CLIENT FULL NAME], by and through undersigned counsel, hereby requests an administrative hearing to contest the proposed suspension of Petitioner's driving privileges pursuant to O.C.G.A. § 40-5-67.1, and states:

1. Petitioner was arrested on [__/__/____] by Officer [____________] of the [____________] for an alleged violation of O.C.G.A. § 40-6-391.

2. A Department of Driver Services Form 1205 / 1205S was issued and served upon Petitioner on [__/__/____].

3. This request is timely filed within 30 calendar days of service pursuant to § 40-5-67.1(g)(1). A $150 filing fee accompanies this request (or a properly executed pauper's affidavit).

4. The scope of the hearing is limited by § 40-5-67.1(g)(2) to the following issues, which Petitioner places in dispute (check all applicable):

☐ (A) Whether the law enforcement officer had reasonable grounds to believe Petitioner was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance, and whether Petitioner was lawfully placed under arrest for a violation of O.C.G.A. § 40-6-391;
☐ (B) Whether at the time of the request for the test or tests the officer informed Petitioner of Petitioner's implied consent rights and the consequence of submission or refusal to submit (using the appropriate § 40-5-67.1(b) card timely and accurately);
☐ (C) Whether Petitioner refused the test;
☐ (D) Whether a test or tests were administered, and the results indicated an alcohol concentration of 0.08 grams or more (or 0.04 for CDL or 0.02 for under 21), or the presence of a controlled substance or marijuana;
☐ (E) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences (DOFS) of the Georgia Bureau of Investigation on an instrument approved by DOFS, or whether the testing procedures followed substantially complied with DOFS rules.

5. Petitioner requests:

☐ Rescission of the proposed suspension;
☐ Reinstatement of driving privileges;
☐ Issuance of a temporary driving permit pending hearing.

Respectfully submitted,

[____________________________] (Attorney, Ga. Bar No.)
[____________________________] (Firm, Address, Phone, Email)
Date: [__/__/____]

Certificate of Service: I served a copy of this Request upon the arresting officer at [____________] and upon the Department of Driver Services, ALS Hearings, 2206 Eastview Parkway, Conyers, GA 30013, by certified mail / statutory overnight delivery on [__/__/____].

SECTION 3 — Demand for Discovery (O.C.G.A. § 17-16-1 et seq.)

STATE OF GEORGIA v. [CLIENT] Case No. [____________]

DEMAND FOR DISCOVERY AND BRADY / GIGLIO MATERIAL

Pursuant to O.C.G.A. §§ 17-16-1 through 17-16-10 (in felony / opted-in misdemeanor cases) and § 17-16-20 et seq. (misdemeanor), and the Sixth and Fourteenth Amendments to the U.S. Constitution and Article I, § I, Para. XIV of the Georgia Constitution, Defendant demands:

1. ☐ All statements of Defendant, written, recorded, or oral, including substance of any oral statements (§ 17-16-4(a)(1)).
2. ☐ Defendant's criminal history.
3. ☐ Names and addresses of State witnesses with statements (§ 17-16-7).
4. ☐ All evidence intended to be introduced at trial, including documents and tangible objects.
5. ☐ Reports of scientific tests, including breath/blood/urine analyses, GBI / DOFS lab packets, chromatograms, calibration data, instrument certifications, and analyst notes (§ 17-16-4(a)(4)).
6. ☐ Curriculum vitae and proficiency testing for any State analyst or expert.
7. ☐ Officer's NHTSA SFST training certifications and field sobriety checklist used.
8. ☐ Intoxilyzer 9000 records — inspection certificates, calibration records, source code documentation, maintenance/repair logs, the printed evidence ticket, and the certified operator's permit.
9. ☐ All in-car (dashcam), body-worn, station, and Intox-room audio/video recordings (preserve under O.C.G.A. § 17-5-55).
10. ☐ Dispatch / CAD records and 911 audio.
11. ☐ All Brady / Giglio exculpatory and impeachment material, including internal affairs records relating to officer credibility.
12. ☐ Any agreements or promises made to any State witness.

Defendant simultaneously consents to reciprocal discovery and will produce its discovery within the times prescribed by Article 2 of Chapter 16 of Title 17.

[____________________________] (Attorney Signature) Date: [__/__/____]

SECTION 4 — Motion to Suppress Evidence

STATE OF GEORGIA v. [CLIENT] Case No. [____________]

MOTION TO SUPPRESS EVIDENCE AND IN LIMINE

NOW COMES the Defendant, by counsel, pursuant to O.C.G.A. §§ 17-5-30 and 24-4-403, the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution, and Article I, § I, Paras. XIII, XVI, and XVII of the Georgia Constitution, and moves to suppress all evidence obtained on or after [__/__/____]:

Grounds (check all applicable):

☐ The stop was unsupported by reasonable articulable suspicion (State v. Hammang, 249 Ga. App. 811 (2001)).
☐ The stop was prolonged beyond its lawful scope (Rodriguez v. United States, 575 U.S. 348 (2015); Rodriguez v. State, 295 Ga. 362 (2014)).
☐ The arrest lacked probable cause (State v. Sanders, 274 Ga. App. 393 (2005)).
☐ Field sobriety tests were not administered in accordance with NHTSA standards (State v. Pastorini, 222 Ga. App. 316 (1996)).
☐ Defendant was in custody and not Mirandized prior to interrogation (Berkemer v. McCarty).
☐ The Implied Consent warning was not timely or accurately read from the proper § 40-5-67.1(b) card (State v. Turnquest, 305 Ga. 758 (2019); Olevik v. State, 302 Ga. 228 (2017)).
☐ The breath test violated Olevik / Elliott v. State, 305 Ga. 179 (2019) — Georgia constitutional right against self-incrimination bars compelled breath testing absent voluntary consent.
☐ The warrantless blood draw violated Birchfield v. North Dakota, 579 U.S. 438 (2016), and Missouri v. McNeely, 569 U.S. 141 (2013).
☐ Consent to chemical testing was not freely and voluntarily given under the totality of circumstances (Williams v. State, 296 Ga. 817 (2015)).
☐ The breath test instrument was not properly inspected/certified by DOFS, or the operator's permit had lapsed.
☐ The blood-test chain of custody was broken or lab procedures were not followed under O.C.G.A. § 40-6-392.

WHEREFORE, Defendant requests suppression of all observations, statements, FST results, chemical test results, and tangible evidence.

[____________________________] (Attorney Signature) Date: [__/__/____]

SECTION 5 — Petition for Limited Driving Permit / IID Limited Permit

[STATE / SUPERIOR / PROBATE] COURT OF [____________] COUNTY, GEORGIA
or
GEORGIA DEPARTMENT OF DRIVER SERVICES — IIDLP UNIT

PETITION FOR LIMITED DRIVING PERMIT (O.C.G.A. § 40-5-64) and/or IIDLP (O.C.G.A. § 40-5-64.1)

Petitioner respectfully requests issuance of:

☐ A Limited Driving Permit (LDP) under § 40-5-64 following a first DUI conviction;
☐ An Ignition Interlock Device Limited Permit (IIDLP) under § 40-5-64.1 in lieu of an ALS hearing (election under § 40-5-67.1(c.1));
☐ An IIDLP following a second-in-five-years DUI conviction (mandatory IID per § 40-5-63 / § 40-5-64.1).

Eligibility Worksheet:

Authorized Uses (§ 40-5-64(c)):

☐ Going to and from employment
☐ Receiving regularly scheduled medical care or prescriptions
☐ Attending college / postsecondary education
☐ Attending court-ordered driver education / treatment / Risk Reduction Program
☐ Attending court / probation / community service
☐ Transporting unlicensed immediate family members for medical care / employment / school

[____________________________] (Petitioner / Attorney) Date: [__/__/____]

SECTION 6 — Plea Negotiation and Sentencing Worksheet (O.C.G.A. § 40-6-391)

Penalty Structure — 10-Year Lookback:

Client Acknowledgement. Counsel has advised me that a Georgia DUI conviction cannot be expunged or record-restricted under O.C.G.A. § 35-3-37, has lifetime collateral consequences, may trigger immigration consequences under Padilla v. Kentucky, 559 U.S. 356 (2010), and disqualifies a CDL holder for ≥ 1 year (lifetime on 2nd alcohol-related offense) under 49 C.F.R. § 383.51.

Client Signature: [____________________________] Date: [__/__/____]
Attorney Signature: [____________________________] Date: [__/__/____]

Sources and References

• O.C.G.A. § 40-6-391 — DUI
• O.C.G.A. § 40-5-55 — Implied Consent
• O.C.G.A. § 40-5-67 — License Seizure / Temporary Permit
• O.C.G.A. § 40-5-67.1 — ALS Hearing; Implied Consent Notices
• O.C.G.A. § 40-5-67.2 — Suspension Terms
• O.C.G.A. § 40-5-64 — Limited Driving Permit
• O.C.G.A. § 40-5-64.1 — IID Limited Permit
• O.C.G.A. § 40-5-58 — Habitual Violator
• O.C.G.A. § 40-6-392 — Chemical Tests
• Olevik v. State, 302 Ga. 228 (2017); Elliott v. State, 305 Ga. 179 (2019); Turnquest v. State, 305 Ga. 758 (2019)
• Georgia Department of Driver Services: https://dds.georgia.gov
• Office of State Administrative Hearings: https://osah.ga.gov