The Ignition Interlock Device (IID) can be voluntarily installed after an arrest in lieu of an ALS hearing, or it can be a requirement of a post-conviction license suspension on second or subsequent DUI. So, whether the IID is an option for you will depend on which license suspension you are facing and your history of DUIs.

On a first DUI arrest in five years, you can forego the ALS hearing and install an IID. This option is not available for repeat offenders. If you take this option, then you will be given a limited permit for twelve months. If you took the chemical test, you should not consider this option since the worst-case scenario for you would be the 30-day limited permit if you lose the ALS hearing. However, for someone who refused the test, an IID is the only way to guarantee you never lose your ability to drive. You must pay to have the IID installed and serviced for the full 12 months. The suspension cannot be terminated early either, even if you are found not guilty of DUI or have the DUI dismissed through plea negotiations.

To get the IID limited permit, you must install the IID and go to DDS with proof of installation and file a waiver of the administrative hearing within 30 days of the arrest. This is a process you want to start early since you may not be able to find same day installation of the IID. If you have reached the 30th day and are running out of time, then you would do better to just file the ALS appeal and go that route to ensure you have some remedy available.

In a post-conviction scenario, installing the IID is a pre-requisite for getting the limited driving permit, and you will not be able to reinstate your full driving privileges until meeting the IID requirement. In some circumstances, you can have the IID requirement waived if you are indigent or do not own a vehicle. However, this will typically not be done immediately, and you would need to show a history of indigency, not just temporary hard times.

For more information on DUI Law in Georgia, an initial consultation is your next best step. Get the information and legal answers you seek by calling (470) 728-1725 today.

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Carl Chapman
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