The ten-day rule for an Atlanta or Georgia DUI has changed effective July 1, 2017:
The ten-day period after a Georgia DUI arrest is very important in Georgia and the Georgia DUI statute governing it has changed! Effective July 1, 2017, you now have 30 days to make very important decisions concerning your ability to drive while your Georgia DUI criminal case is pending in court. This pertains to an administrative action the officer likely initiated against your driver’s license. Simply stated, if you do not follow exact steps for requesting a hearing within 30 days of your arrest (or properly waive your request for a hearing by agreeing to a Georgia ignition interlock permit), in most cases the Georgia Department of Driver Services will automatically suspend your driver’s license or privilege to drive here in Georgia effective on the 45th day after your Georgia DUI arrest.
If you elect to request an administrative license suspension hearing over waiving your right to hearing in exchange for an ignition interlock permit, the request for a hearing must be made in writing along with a $150 processing fee to the Georgia Department of Driver Services and is completely separate from the criminal case against you. If you refused to submit to chemical testing, it is also important to note that there are no hardship exceptions to the one-year suspension, such as a permit to drive to and from work, take children to school, etc. if you do not request a hearing, lose the hearing, or do not waive the hearing by agreeing to an ignition interlock permit through Georgia Department of Driver Services. If you miss the deadline, you cannot drive. Period.
There are certain circumstances that trigger the 30-day hearing request requirement. Just because a client was not notified of the administrative action does not necessarily mean the officer did not initiate one. Because most clients find the 30-day hearing request a bit confusing, we prefer to discuss them during the first consultation at our office. Call Chestney & Sullivan today to discuss your Atlanta or Georgia DUI at 404.816.8777.
There are defenses to the administrative license suspension action. Many times strategies can be developed for these hearings that may improve chances of success in the criminal case along with preserving your ability to drive.
The important thing to know is that you have to act – NOW!
Please contact us today to talk with an experienced Georgia DUI defense lawyer with Chestney & Sullivan. We are available 24/7 at 404.816.8777.