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10 days before your license is suspended?

Posted by Robert F. Webb | Oct 11, 2017 | 0 Comments

The 10 days to save your license after being arrested for DUI has evolved quite a bit since its institution years ago. Originally the legislature passed the law to show how tough they were and that they took DUIs very seriously. A popular political position. At first arresting officers were all about sending in the DDS Form 1205 that would cause a person's license to be administratively suspended after 30 days unless the DDS Form 1205 affidavit was appealed within 10 business days of the arrest. Originally the appeal could be filed by a certified letter. Later DDS required the letter PLUS a $150 filing fee. So now the appeal must be done by certified letter, postmarked 10 business days from the date of arrest AND include a $150 check.

As time has passed many arresting officers have rightfully concluded that the filing of a form 1205 requesting the suspension of the defendant's license is more hassle than it is worth. That is because in almost every case that a form 1205 is filed an appeal is filed by the licensee or their attorney. The appeal prevents the suspension from happening until there is a hearing on the appeal. The hearing on the appeal requires the arresting officer to appear at 8:30 a.m. at a hearing location. Most DUIs occur between 11:00 p.m. and 4:00 a.m. So it is the morning shift making most of the DUI cases. Would you rather go home after your shift that ends at 7:00 a.m. or wait to attend a hearing at 8:30 a.m? The answer is obvious. So the filing of a form 1205 is happening much less often. If your driver's license is not confiscated by the arresting officer then it is highly likely that the officer DID NOT file a form 1205. Of course you have to be served with a copy. Your copy is a 8 1/2 x 11 sheet of yellow paper. If you are sure you did not get one and you still have your license then you are safe to assume that your license WILL NOT be suspended even though you hear some attorneys use it as a tactic to scare you into hiring them. 

About the Author

Robert F. Webb

Graduated from Emory School of Law in 1978. Former Cobb County, GA prosecutor, County Attorney for Cobb County Government, instructor at the North GA Police Academy. Tried cases in many counties throughout Georgia and in Federal courts in the southeast.


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