Georgia 10 Day Rule

"Ten Days" Means Ten Days From Your Arrest � NO EXCEPTIONS! Our State has extremely aggressive DUI laws, especially when it comes to license suspension. Getting arrested for a DUI doesn�t have to mean license suspension. The difference in keeping or losing your driver�s license depends upon your decision to quickly hire an experienced, competent DUI attorney.

Please read the following information regarding Georgia DUI LAW:

Automatic Loss of Driver�s License

You must act now. Failure to take action can result in automatic suspension of your driving privileges. After a DUI arrest, there is an Automatic Loss of Your Driver�s License for 1 YEAR if you refused to take a blood test or your blood test results were over .08. You can lose your license even before a DUI conviction! Hiring a competent DUI Attorney is how you protect your license. Loss of license is required by law if:

  • 1. You Refuse to take a state approved chemical test of your blood, breath or urine.
  • 2. You are an Underage Driver (under 21 years of age) with a BAC of .02 or higher.
  • 3. You possess a Commercial Driver�s License (CDL) and your BAC is .04 or higher.
  • 4. You are over 21 years of age and your BAC is .08 or greater.

Generally speaking, if you refused to take a State approved BAC test requested by a police officer, a DDS 1205 Form (Notice of Suspension) will certainly be filed with the Department of Driver�s Services (DDS/DMV). The 1205 Form initiates the process to suspend your driver�s license for one year. The only sure way to stop or alter the suspension of your driver�s license is to hire a DUI attorney that can file the proper paperwork and represent you at DDS hearings.

How To Keep Your License or Driving Privileges

First, act quickly and get a qualified DUI Lawyer to file an objection to the Notice of Suspension. Second, make sure that your attorney is qualified and prepared to fight for your driving privileges at the Department of Driver Services hearing. DDS hearings are trials on the issue of whether the Police Officer�s petition to suspend your license should be sustained. This hearing is scheduled following receipt of the objection to suspension.

Absolutely do not attempt to defend yourself at this hearing... You will lose. A good DUI Lawyer will prepare for the hearing by getting the police reports, videos and any other available evidence and be ready for trial. Please do not make the mistake of thinking that your driving privileges can be preserved merely by attending your DDS Hearing. Remember, the license suspension hearing is completely separate from the process of defending your DUI charges. Keep in mind that won�t help to obtain a driver�s license in another state for use in Georgia -- if you lose your DDS hearing, your privilege to drive in the State of Georgia will be suspended and it won�t matter whether you have a license from another State.

License Suspension After Conviction

Upon conviction of DUI, the following license suspensions apply (note that convictions occurring after 7/1/08 are treated in 10 year periods):

First Conviction: 12 months license suspension, reduced to 120 days with proof of completion of a DUI risk reduction course, and most drivers are eligible for a temporary work permit. No temporary for a commercial driver�s license, under 21 drivers, of DUI Drugs suspension

Second Conviction in 5 year period: 3 year license suspension, reduced to 12 months with the installation of an �on-board� alcohol testing device and full reinstatement after 18 months with proof of DUI school and an ASAM Level II substance abuse program. Commercial Drivers lose license for life.

Third Conviction in a 5 year period: 5 year license suspension (Habitual Violator), reduced to 2 years with the installation proof of DUI school and an ASAM Level II substance abuse program.

Georgia DUI Information
DUI 10 Day Rule
DUI Success Stories The Semrau Law Firm
Were Your DUI Test Results Correct?
"I had 2 ridiculous traffic tickets given to me at the same time. One for following too close to a car, slowing down to make a U-turn (no accident involved, just the officer's judgment) and the other for using a cell phone during a moving violation (the violation being "following too close"). Keith Lewis was my attorney. He worked hard for me, taking the tickets to a higher court before the prosecutor would plea bargain. He was able to reduce it to just a small fine and no points against me."