10 Day License Suspension Rule in Georgia
If you are charged with a DUI in Georgia, you MUST know the 10 Day Rule. If you refused to take a blood, breath or urine test or you took one of these tests and your result were 0.08 or greater (over the legal limit), you have only 10 days to request a special hearing. If you do not take action, your driver’s license will be suspended for one year.
After a DUI arrest, the accused driver has a limited time-frame (10 days to be exact) during which he or she can request an administrative license hearing (ALS) from the Georgia Department of Drivers. A driver may be subject to this license suspension whether he or she refused to take the test, or took the test and had a blood-alcohol content over the legal limit. If a driver does not request an ALS hearing within 10 days, his or her driving privileges will automatically be suspended.
The 10-Day rule applies to you, if:
- You refused to take any of the 3 tests
- You took one of the three tests and your blood alcohol content was over the legal limit of 0.08
- After you tried to take the tests the police officer stated “you refused”
- You were under 21 on the day of the arrest and your test result was .02 or higher
- You had a CDL in your truck when arrested and your blood alcohol level was .04 or higher
- You do not know what your blood alcohol level was
The 10-Day Letter: There are four different so-called 10-day letters; one will apply to your specific circumstance:
- Submitted to the test and had a BAC at or above .08
- Refused the test
- Under 21 years of age and tested at .02 or higher
- CDL holders who had a .04 or higher while driving a commercial vehicle
Regardless of the circumstances of your case, all 10-day letters must include:
- Your legal name
- Date of birth
- The date of your arrest
- Your driver’s license number
- Name of the officer who arrested you
- Your mailing address and telephone number
There is no law that requires you to send a 10-day letter after a DUI arrest. However, if you choose not to or if you miss the deadline, your driver’s license will be suspended 31 days after the date of your arrest.
12 months is a long time to be without a driver’s license. If you have been arrested for DUI in Georgia, it is imperative that you request an administrative hearing to save your driving privileges. The first step is the timely submission of the 10-day letter. Contact the experienced DUI defense attorney Joseph E. Lariscy today (706)389-4375 or contact us online for legal assistance.