Recently, the Columbus Police arrested a driver (D) and charged D with DUI even though his blood-alcohol content (BAC) was BELOW the statutory limit of 0.08 (over 21 y/o), charging D with “less safe to drive” under Georgia DUI law. However, contrary to Ga law governing suspension of D’s driver license, the officer issued an immediate suspension of D’s Ga driver license (DDS Form 1150). Ted D Morgan recognized the error immediately after meeting with D and reviewing his citation and BAC results.
The Officer should have issued DDS Form 1127, a 180 day temporary driving permit, but erroneously issued DDS Form 1150 (an immediate notice of suspension). Georgia law provides, if an individual’s BAC is less than the level giving rise to an administrative suspension, the “officer shall issue a 180 day temporary driving permit.” After several days of haggling with the police department, we were able to convince the Officer to issue the Form 1127.
The problem was, no one with CPD realized the proper form (DDS Form 1127) was not even available at the jail or CPD headquarters. (Only if a Ga driver has BAC ABOVE the state limit of 0.08 should the Officer issue DDS From 1205 triggering a 30 day temporary permit, subject to filing the 10 day appeal; see my website for explanation.)
Our client now has his 180 day permit. And CPD says thanks to our persistence, CPD has discovered the officers and Muscogee County jail operators did not have or know about the 180 day permit for drivers testing below the DUI limit who are arrested for DUI nonetheless. CPD plans to implement new procedures to remedy this flaw in their handling of driver license suspensions on behalf of Ga Department of Driver Services.