In the State of Georgia, there is a motor vehicle requirement called the “Ten Day Rule.” Ignoring or delaying in your serious attention to this rule can result in the suspension of your Georgia driver’s license of up to one year.
What is the Ten-Day Rule?
According to the Department of Driver Services, if a motorist refuses to submit to legal chemical tests of blood, breath or urine to determine if they were driving under the influence of alcohol, or your test results do indicate that your blood alcohol level is a per se violation.
In Georgia those under 21 a test level of 0.02 is in violation, for those over 21 the test level of 0.08 in a DUI violation. The arresting officer must take possession of your driver’s license or permit and give you a 30 day temporary permit called the “1205 form.” The Ten-Day Rule is now in effect.
Ten-Day Rule Has Specific Requirements
An official hearing must be requested within 10 business days of your arrest, or when your 30 day temporary permit expires your driving license will be automatically suspended. Once you have properly submitted a hearing request to the Office of State Administration within the 10-day period, an Administrative License Suspension Hearing will be scheduled.
Having an experienced Georgia DUI defense attorney on your case from the beginning will ensure all legal obligations and requirements are met and filed on time as well as taking legal action to reduce your penalty. The State of Georgia takes a hard stand on DUI’s and you need a lawyer with years of successful outcomes, reduced sentences, fines and points.
Missing the Ten-Day Rule Requirement
For those motorists that do not properly file an appeal and request a hearing they are in danger of having their license suspended for an entire year. In addition to filing the required paperwork a filing fee which may be $150 or more must accompany all original paperwork. The motor vehicle DUI laws are stringent in Georgia and need proper legal consideration as soon as someone is charged.
Letting any time get away from you can result in missing the ten-day requirement due to improperly documented paperwork. Call your Douglasville DUI defense attorney as soon as you are charged to begin the legal action to lower or dismiss your charge.
Penalties for not Requesting an Administrative Hearing Severe
In Georgia and Douglasville in particular, if you fail to submit a request for an administrative hearing within the ten-day rule period you will have your driver’s license suspended for one year and you will not be eligible for a limited driving permit for employment purposes.
Penalties for “per se” violations increase in severity from first suspension through the second and third suspension. License suspension can range from 30 days to 5-years. The first and second suspension periods may be eligible for early reinstatement of their driving license. Penalties also include completion of a DUI Alcohol or Drug Use Risk Reduction Program and payment of certain fees.
Douglasville DUI Defense Attorney
If you have been charged with DUI or any other serious vehicle offense, make the call to your Douglasville DUI defense lawyers Miller & Hightower who has a longstanding history of successful defense strategies related to DUI charges. Make the call to set up a free confidential meeting today.