How You Should Approach The 10-Day Rule For Your DUI In Atlanta
Written by Thomas, Webb & Willis, LLC on October 21, 2016
DUI laws in Georgia are among the toughest in the nation. Depending on the circumstances surrounding your arrest, one of the penalties you may be facing is the automatic loss of your driver’s license. At Thomas, Webb, and Willis, LLC, we understand the serious impacts this can have on your life. When you have been charged with a DUI, we provide the aggressive legal representation you need to ensure your best chance for avoiding these penalties, but it is important for you to act fast. The Georgia 10 day DUI rule allows residents of Fulton County and throughout the state an opportunity to appeal DUI-related license suspensions. Unfortunately, if you fail to respond within the 10-day period after your arrest, you lose this right and your suspension becomes automatic.
DUI Laws In Atlanta, Georgia
Under the Georgia Motor Vehicle Code (O.C.G.A.§ 40-5-75), Atlanta drivers face serious penalties for driving under the influence. These include mandatory community service, drug or alcohol education classes, heavy fines, jail time, and the loss of your license. DUI laws apply to alcohol as well as other controlled substances, including illegal ‘street’ drugs as well as prescription medications.
Automatic license suspension of up to a year can occur if you refuse to take or fail a breath, blood, or urine alcohol content test or field sobriety testing. Unfortunately, even if you agree to this testing, if the officer involved in your arrest claims you refused, that in itself is generally enough to warrant the automatic license suspension. This suspension is an administrative action on behalf of the state of Georgia and is in addition to any criminal punishments you face upon conviction.
Georgia 10 Day DUI Rule
Under the rules and regulations of the Georgia Department of Driver Services, you have a limited right to appeal an administrative suspension. Known as the 10 day DUI rule, this gives drivers who have had their licenses or permits suspended or revoked 10 days from the date of suspension to file an appeal. Your 10-day appeal letter must include the following information:
- Your name, address, and driver’s license number;
- The reason for the suspension and the date it becomes effective;
- The date of your arrest, the officer’s name, and the location where the stop occurred;
- Any information you wish the court to consider in granting your suspension appeal.
Once your appeal letter is filed, a hearing will be scheduled within thirty days, where an administrative judge will make a decision based on the evidence against you. Having an experienced lawyer on your side can help defend your case, on grounds such as that the stop itself was illegal, making any evidence collected impermissible, or by using the breath test defense to prove that the results of your breathalyzer were inaccurate.
How Our Fulton County DUI Lawyers Can Help
If you have been arrested or charged with a DUI, contact Thomas, Webb, and Willis, LLC right away. We are experienced DUI lawyers in Atlanta that can help you with your DUI arrest, providing you with the best chance for success in avoiding potential penalties, including the loss of your license.
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