Atlanta DUI Lawyer

An ignition interlock device limited permit (“interlock permit”) can be appealing to a driver, because it guarantees that a driver can still keep driving [with limited driving privileges].  However, the costs associated with an interlock permit may not be appealing: 1) $25 permit fee; 2) $75 installation fee; 3) $75 monthly monitoring fee ($300 total for 4 months if the driver blew over 0.08 or $900 total for 12 months if the driver refused the State’s test); 4) $75 removal fee; and 5) a $100 license reinstatement fee.

Also, the interlock permit is good for one year. At the end of that year, the cost to renew the permit is $5.00 and the renewed limited permit is valid for only two months. The limited permit may be renewed only one time after such person is eligible for reinstatement.

Ignition Interlock Device Limited Permit

When a driver is arrested for DUI, the officer takes away their license and they are issued a temporary permit that allows them to drive for 45 days.  At this point the driver has three options: 1) request in writing an ALS hearing; 2) apply for an interlock permit; or 3) do nothing.  The first two options must be completed within 30 calendar days of the driver’s arrest.

If the driver doesn’t take any action within 30 calendar days of their arrest, their license will be suspended for one year. This is a hard suspension, which means you cannot drive at all for 12 months. Therefore, you cannot get a limited driving permit or work permit during this 12-month period.

Furthermore, you can only choose one of these options.  If you request an ALS hearing, then you cannot apply for an interlock permit. And if you apply for an interlock permit, you waive your right to an ALS hearing.

A person who consents to the blood, breath, or urine test at the time of the DUI arrest and obtains the interlock permit will be required to successfully maintain the ignition interlock device on their vehicle for a period of 4 months. If he or she is subsequently found not guilty of the underlying DUI charge, or the DUI charge is dismissed or reduced, the ignition interlock device may be removed at no cost and the driver’s license may be replaced.

However, a person who is charged with DUI Refusal and obtains the interlock permit will be required to successfully maintain the ignition interlock device on their vehicle for a period of 12 months, regardless of the outcome of the DUI charge.  Therefore, the driver will be required to keep the ignition interlock device on their car for the entire 12 months, even if their DUI case is dismissed or reduced.

Conditions for Obtaining the Interlock Permit

• Application must be made within 30 days of being served with the 1205 form, which is usually done at the time of arrest.
• The ALS cannot involve a motor vehicle crash with serious injuries or fatalities.
• The applicant must have a valid Georgia driver’s license.
• A CDL licensee must downgrade to a non-commercial license to get the permit.
• The applicant must be at least 21 years old.
• The applicant cannot have a prior DUI conviction within the last 5 years.
• The applicant must surrender their current license, either to the officer or DDS.

Driving Restrictions on the Interlock Permit

If you obtain an interlock permit, you can only drive for the following reasons:

• To and from work including performing the normal duties of his or her occupation.
• Receiving medical care
• Attending college/school
• Attending alcohol or drug treatment
• Attending court ordered driver education
• Attending court or court ordered activity
• Performing community service
• Transporting a family member to work, school or medical care
• Monthly monitoring visits with the interlock permit provider