10 Day Warning
If you have recently been arrested for DUI, you need to understand the following:
You usually have only ten days from the date of arrest to request a hearing to save your license or driving privileges.This is known as the 10 day rule. It applies in the following situations:
- You refused to submit to state administered chemical testing of your Blood, Breath or Urine;
- Chemical test results indicated an alcohol concentration of 0.08 grams or more;
- The driver was under 21 years of age and the state administered chemical test results indicated an alcohol concentration of 0.02 grams or more; or
- The driver was operating a moving commercial motor vehicle and the state administered chemical test results indicated an alcohol concentration of 0.04 grams or more.
You must pay The Georgia Department of Driver Services a $150.00 filing fee at the time you request the hearing.
This hearing happens in a different court and is a separate case from the DUI and other charges you may have. You will need to go to another court to resolve your traffic citations.
The officer must file a DDS 1205 form for suspension of your license.
A properly signed DDS 1205 form will acts as a temporary 30 day driving permit. In some cases, you may not get a temporary permit.
You can request for an extension of the driving permit if the 30 days expires.
Requesting a hearing may result in your driving privileges being extended until your license suspension hearing occurs. This hearing can be from 30-90 days after your date of arrest.
The Administrative License Suspension Hearing is a civil case where the officer files to have your license suspended for 1 year.
Thomas C. Nagel is an Atlanta DUI and Criminal Defense lawyer who has represented people charged with DUI and criminal offenses for over 25 years.
We will request this hearing for you TODAY and fight to keep your driving privileges.
Sometimes its unclear if this suspension issue applies to your DUI case.
We will quickly determine if you need to file for this hearing and pay the filing fee.
Different rules apply to out of state licenses, commercial licenses and drivers under 21 years of age.
If you have been arrested for DUI, you need to get started preparing immediately to achieve the best possible result in your case.
Regardless of how bad you think your case is, BEFORE you face the judge, call Atlanta Criminal Defense Attorney Thomas C. Nagel now at 404-255-1600 to schedule your free consultation.