After a DUI arrest in Georgia, you will usually face two different legal matters (an administrative license suspension hearing and a driving under the influence case). The administrative license suspension is a civil matter as opposed to the DUI itself, which is criminal. You have 10 business days from the date of your arrest to submit an appeal letter to stop the pending suspension of your driver’s license by the State of Georgia. This is known as the 10 Day Rule and the letter you must submit is known as the 10 Day Appeal Letter. If you do not send your appeal letter within 10 days, your license is automatically suspended.
What is the Difference Between an Implied Consent Suspension and an Administrative License Suspension?
An implied consent suspension occurs if you refuse to submit to the state’s chemical testing, and your license will be suspended for 12 months. This is a hard suspension, meaning there is no limited permit for work, school, etc. An administrative license suspension is for 30 days and occurs if you had a blood alcohol concentration over the legal limit, and this is your first suspension of this kind in a 5 year period. During the 30 day time period you may get a limited driving permit for work, school, etc. and after the 30 day period is over, you may get your regular license back after completing DUI School and paying a reinstatement fee. If you have more than one administrative license suspension in a 5 year period then your suspension will be for at least 12 months and up to 3 years. This is a hard suspension with no limited permit available.
What about my Temporary Driving Permit/ Georgia Form DDS1205S?
When you’re arrested, the officer may have given you a form called a DDS1205S and explained that it was to serve as your temporary driving permit. The form also gives you notice of the intent to suspend your license and refers you to the back of the form for hearing and appeal procedures. This form only allows you to drive for the first 30 days following your arrest. The Department of Driver Services should send you another letter that will allow you to drive until your hearing date.
The 10 Day Rule applies to you if any of the following are part of your DUI arrest:
- You took one of the three tests and your blood alcohol content was over the legal limit of 0.08
- You refused to take any of the three tests
- You tried to take the tests, but the police officers stated that you “refused”
- You were under 21 on the day of the arrest and your test result was .02 or higher
- You have a CDL, and you were in your commercial truck when arrested, and your blood alcohol level was .04 or higher
- You are not even sure what your blood alcohol level was
10 Day Appeal Letter
10 Day Appeal Letters are submitted to the Georgia Department of Driver Services along with a check, money order, or cashier’s check for $150 made payable to “State of Georgia Department of Driver Services.” Be sure to include your full legal name, date of birth, date of arrest, license number, name of arresting officer, mailing address, and phone number in your letter.