Georgia DUI License Suspension 10-Day Rule

There are many penalties a person will receive if they are convicted of DUI. But of all the penalties, losing a driver’s license is one of the toughest pills to swallow for many people. After all, not being able to drive can affect a person’s life in many ways. If you have been arrested for DUI in Georgia, it’s important to understand the steps you’ll need to take if you want to save your driver’s license.

Regardless of the circumstances, once you are arrested for DUI, you have ten days to request a hearing with the department of motor vehicles. If you do not request a hearing, you will automatically lose your driver’s license for up to one year. In the event that you miss this deadline, your only other opportunity to request to have your license reinstated is during your hearing in criminal court.

If you refused to submit to a chemical test during your DUI investigation, the police officer will submit a form to the DMV. This form, known as DPS 1205, will trigger an automatic license suspension. Again, it is your responsibility to request a hearing within ten days to fight for your license. In this case, you violated the state’s Implied Consent law, which requires a driver to submit to a chemical test when requested by a police officer. The same is true if you refused to take a standardized field sobriety test.

For commercial drivers, it is illegal to operate a vehicle with a BAC of .04% or higher. If this applies to your DUI case, you too have ten days to request a hearing if you want to save your license. But commercial drivers are not the only ones who can be arrested for DUI with a BAC under .08%. If you are under 21 and have a BAC of .02%, you can be arrested for DUI and the DMV will seek to suspend your license.

In addition to representing you in criminal court, an experienced DUI defense attorney can also take care of the burden of requesting a hearing. They may also represent you during this hearing. It is important to remember that your attorney can fight your DUI charge to have it reduced or even dismissed.

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