WHAT YOU NEED TO KNOW ABOUT GEORGIA’S 10-DAY RULE
If you are charged with a DUI in the state of Georgia, you should know that it has recently cracked down on DUI laws. One of these laws you must know is the 10-Day Rule.
Whether you refused to take a blood, breath or urine test or you took one of these tests and your result is 0.08 or greater, you have only 10 days to request a special hearing. If you do not do this, your driver’s license will be suspended for one year.
PLEASE READ THE FOLLOWING IMPORTANT FACTS. IF ANY OF THEM ARE PART OF YOUR DUI ARREST, THE 10-DAY RULE APPLIES TO YOU:
- You took one of the three tests and your blood alcohol content was over the legal limit of 0.08
- You refused to take any of the three tests
- You tried to take the tests, but the police officers stated that you “refused”
- You were under 21 on the day of the arrest and your test result was .02 or higher
- You have a CDL, and you were in your commercial truck when arrested, and your blood alcohol level was .04 or higher
- You are not even sure what your blood alcohol level was
WHAT IS THE 10-DAY RULE?
If the 10-day rule applies to you, then the State of Georgia will suspend your driver’s license for up to 1 year. This is an administrative suspension. That means that the suspension is not a criminal punishment.
You have 10 days to appeal the suspension. This is 10 business days, so Saturday, Sunday and Holidays do not count towards the 10 days. If the appeal letter is not sent within the 10 days, the suspension is automatic.
WHAT DOES YOUR 10-DAY APPEAL LETTER NEED TO SAY?
The letter needs your name, address and driver’s license number. It should contain the stop location (if known), the arresting officer’s department and name, the date of arrest and any other important information. It gets mailed to the Department of Driver’s Services.
IMPORTANT: You must send a check for $150.00 with the letter.
WHAT HAPPENS AT THE 10-DAY DUI HEARING?
The hearing should be scheduled within 30 days of the receipt of the letter (sometimes it takes a little longer). At the hearing, an Administrative Law Judge hears evidence. The evidence is usually the testimony of the arresting officer and maybe the video. You, or your lawyer, has the right to cross examine the witness. You can testify and offer evidence. The Judge will issue a ruling on the status of your license.
A lawyer has a chance to achieve a good outcome at the hearing. A knowledge of the admissibility of evidence and the rules of law helps to win these hearings.
If you have been arrested for a DUI act fast and call our firm at 404-250-1113! If you have questions, or have concerns, we can help you with the 10-day letter. Just give us a call. A DUI arrest does not automatically mean you’ll lose your license or receive inflated insurance rates or other penalties.