Georgia DUI 10 Day Rule. Act fast or lose your license.
**As of July 1st, 2017, the 10 day rule has been extended to 30 days. For more information, please visit our 30 day page.**
After you have been arrested and charged with a DUI, you only have 30 (thirty) days to request an administrative license hearing or to get an ignition interlock device installed on your vehicle. A failure to request a hearing or install the interlock device will result in your license being suspended! No decision should be made without first speaking with a Georgia DUI Attorney. The immediate suspension of your Georgia drivers license can be stopped. Our Georgia DUI Lawyers are available 7 days a week, 24 hours a day to help you make the right decision for your case. Call now!
How the New 30 Day Rule Affects You
Before July 1st, 2017, people charged with a DUI only had ten days to request an administrative license hearing or else their license would be suspended. While the process is still the same, accused DUI drivers now have 30 calendar days to file an appeal or their license will be suspended on the 46th day.
For first time DUI offenses in Georgia, drivers have the option to choose whether to request an administrative license hearing (ALS) or to get an ignition interlock device installed on their vehicle. Whichever option you choose, it must be completed before 30 calendar days.
For second or subsequent DUI offenses, the only thing that has changed is the extension from 10 days to 30 days.
Administrative License Hearing (ALS)
The ALS hearing is separate from your criminal case. When arrested for a DUI, you have two cases that must be resolved: one with the Department of Driver's Services and one with the court. Filing the letter requesting an ALS hearing stays the suspension of your license until your attorney can go to the hearing date. To request an ALS hearing, the request must be made in writing within thirty days from the date of arrest. The request must be accompanied by an administrative hearing fee of $150. At the hearing, your DUI Attorney can fight the charge or reach an agreement with the arresting officer to keep you driving. This is handled differently from a criminal court trial or hearing, and should be explained by a DUI lawyer who has successfully defended hundreds of clients before ALS hearings.
Ignition Interlock Devices
If you chose to install an ignition interlock device, it must be installed within 30 days of your arrest and then you must go the Department of Driver Services and apply for an ignition interlock permit. If you are accused of refusing testing, the device will be on your vehicle for 12 months and it cannot be removed even if you win your case or if it is reduced to another charge. If you submitted to a blood, breath, or urine test then the interlock must be on your vehicle for at least 120 days.
That is just one of the reasons why you should never make a decision without first consulting with a Georgia DUI Lawyer. Installing an ignition interlock device is not the best choice for everyone.
What Happens If I Do Not Request an ALS Hearing or Install an Ignition Interlock Device?
If neither request is made within 30 days, then your license will be suspended on day 46. If you refused testing, then your license will be suspended for a year and you will not qualify for a limited or restricted license. This is also known as a "hard license suspension". If you did submit to blood, breath, or urine testing then the suspension can be lifted as soon as thirty days after the arrest.
Georgia DUI Lawyer
Remember, 30 days is all you have to prevent an automatic loss of your driver's license. If you don't request a hearing or an interlock device, you lose your license, period. If you do request a hearing, your lawyer can represent you at the ALS hearing, so that you can keep your license to drive. Don't delay, or you will lose your only chance to challenge an automatic license suspension. Call our office today so we can discuss the consequences of a DUI for your criminal record, and for your ability to drive, and make sure your license doesn't get taken away before you've had your day in court.