Atlanta 10-Day Rule for DUI Arrests
As of July 1st, 2017, the 10 day rule has been extended to 30 days. For more information please visit the 30 day rule page.
If you are arrested for a DUI in Atlanta, you will face both a criminal charge AND administrative action that will affect you ability to drive. The criminal and administrative processes are separate, and in order to keep your license to drive, you will have to fight the administrative charge otherwise the loss of your license is automatic. An Atlanta DUI defense lawyer who exclusively handles DUI cases will be able to secure a hearing, and defend you before both types of hearings.
Loss of License After Arrest
As part of the arrest procedure for a DUI charge, the Atlanta Police Department or Georgia State Patrol officer will confiscate your driver's license. The officer will then likely give you a form, which acts as a temporary driving permit. This is the Department of Driver Services form 1205. DS 1205 must be read very carefully on both the back and the front, in order to understand what this form will mean for your license.
The form indicates that if you refused to submit to a chemical test upon arrest, or if your chemical test results were at or above the per se violation limits, your license will be taken away. The per se limits are 0.08 percent blood alcohol content (BAC) for most drivers, or 0.02 percent BAC for drivers under 21 years old.
The form is a temporary license, valid for thirty days after the date of your arrest. The temporary license is only for thirty days, but this does not mean you can wait 30 days to challenge the suspension. The form can be confusing, but you only have 30 days from the date of your arrest to appeal the automatic suspension.
30 Day Limit to Challenge Driver's License Suspension
The 30 day limit affects the administrative suspension process, and is separate from the criminal proceeding. This is known as an Administrative License Suspension (ALS). The Department of Driver Services will suspend a first DUI arrest driver's license for one full year (12 months) after a DUI arrest. For multiple DUIs, the suspension can last longer, or even result in a revoked license. In order to challenge the ALS, you must formally request a hearing within 30 days. If you wait more than 30 days, and no hearing was requested, the license suspension will be automatic.
To request a hearing, you must provide identifying information, as well as the basis for ALS appeal. It costs $150 file an ALS hearing request. While you can represent yourself before an ALS hearing, hiring a DUI lawyer may give you the best chance for success. Your Atlanta DUI lawyer can file a 30 day letter to challenge the license suspension, and represent you before the ALS hearing, and the DUI criminal hearing as well.
Atlanta DUI License Defense Lawyer
If you have been arrested for driving under the influence in Atlanta, your license will be suspended or revoked, unless you act within 30 days from the date of your arrest. Your ability to drive will impact your job, and your personal life. Call me today, so we can immediately file a 30-day hearing letter, to stop the automatic suspension. We can discuss what happened in your case, and how we will fight to keep your license and defend your rights in court.