10DAYLETTER

The information does not apply to CDL License Privileges, please

contact the Department of Driver Services at 404-657-9300 to

check the status of your license !

A DUI Arrest in Georgia Creates Two Battles for You to Fight Simultaneously

In about 98% of all Georgia DUI arrests, two separate legal proceedings administrative license suspension hearing (ALS) and the DUI-criminal case] will be moving along parallel tracks. This means you will have to challenge issues in two different court cases, with two different judges. Aside from the traditional criminal prosecution (which almost always comes last), the administrative license suspension appeal focuses on the single issue of whether you will suffer a pre-trial loss of your license for either refusing to take the test, or for submitting to the test at the police station or hospital and having a breath or blood test result “over the legal limit”.

Getting the 10 Day Letter for the ALS Filed Within “Ten Business Days”

Following your DUI arrest in Georgia, the administrative license suspension [ALS] hearing (appeal) can be obtained by sending a written request for a hearing on the pending suspension. This “appeal” to the pending suspension must be done within 10 business days after your arrest. The Georgia Department
of Driver Services must receive the letter by the 10 th business day.

Our office can create this letter for you, and we will submit to post office for delivery promptly.
The creation and delivery of the DDS letter is sent certified to the DDS once you have established
an Attorney-Client Privilege.

How Long Before the ALS Hearing Date will be Scheduled?

The initial hearing date for an ALS appeal in most cases between 30 and 65 days after the date the 10 day letter was received by the DDS. However, the initial 30 days that the DS 1205 form authorized you to drive after the date of your arrest will have expired. Therefore, DDS is obligated to issue a letter (before the end of that 30 day period) to you that EXTENDS your driving privileges until the hearing date or the date a ruling is made. This will arrive in about 30 days following your arrest.

ALS Penalties for “Failing” the Chemical Testing – First and Repeat Offenders
Failing (taking the test and having a result that is over the legal limit) the blood, breath or urine test can result in a 1-year license suspension for first time offenders. The suspension period can be 3 years for second offenders in 5 years. A third offense in 6 years can result in a 5 year revocation (total loss) of
your license. Only a first time DDS suspension action against a driver where the person has submitted
to the State tests (blood, breath or urine) offers the chance for a limited driving permit [work permit],
and will allow early return of the full plastic license before the passage of one full year. This early return
of license can be as short as 30 days for a person with a GA driver’s license.

An Administrative “Refusal” Suspension can mean NO WORK PERMIT
A suspension based on your REFUSAL to submit to the official breath, blood or urine tests can be particularly damaging to your right to drive in Georgia, if you do not successfully challenge the legitimacy of the proposed suspension. NO LIMITED (WORK) PERMIT is available to you. Therefore, winning or negotiating a “withdrawal” of the proposed suspension is a critical step in your defense.

The Criminal Case & the Administrative (Civil) License Proceedings are Separate
It is vital to remember that any administrative license suspension action is a separate, civil component
to the criminal charge for DUI that you are facing. A DUI conviction can mean much more than license suspension. You will face a multitude of additional penalties if convicted in the criminal proceeding. For most clients winning the DUI criminal case is more important than whatever occurs at the administrative license suspension hearing.

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