Ten Day Rule

Amazingly, it is possible for your Georgia driver’s license to be suspended even if you are not convicted of driving under the influence. This is possible through Georgia’s use of administrative license hearings.

The 10 day period after a DUI arrest is of paramount importance in Georgia. If you do not follow exact steps for requesting a hearing within 10 business days of your arrest, in most cases, the State of Georgia will automatically suspend your driver's license. Depending on your individual circumstances you may not even be able to obtain a limited “work” permit if your license is suspended administratively.

Several different scenarios can trigger the administrative license hearing procedure including refusing to submit to a breath or blood test or having a blood alcohol level in excess of the legal limit – .08 if you are over 21 years old or over .02 if you are under 21 years old.

The request for an administrative license suspension hearing must be made in writing, and is completely separate from the criminal case against you. If you refused testing, it is also important to note that there are no hardship exceptions to the one year suspension, such as driving to and from work, taking children to school, etc. If you miss the deadline, you cannot drive. Period.

The administrative license hearing procedure can be complicated and confusing. That is why you need an experienced DUI attorney working for you.