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The Ten-Day Rule in Georgia DUI Cases

In the state of Georgia, if an individual will not submit to a blood, breath or urine test and does not request an administrative hearing within 10 days regarding suspension of license, the license will be suspended for a year with no permit privileges whatsoever. If holding an out of state license, the individual cannot drive in Georgia.

GEORGIA'S 1205 DOCUMENT

When the arresting police officer gives a person a Georgia 1205 document, it is a temporary driver's license when the officer signs it. This 1205 document is good for 30 days from the date it was issued to a Georgia licensee.

This document is issued when someone is charged with Driving Under the Influence in relation to Georgia DUI law and when he was asked to submit to a chemical test.

DRIVERS WHO MAY FACE THIS ISSUE

The 10 day rule applies when a driver refuses testing, or when a chemical test indicated a Blood Alcohol Content of 0.02 grams or higher for a driver who is under 21 years old. It may also apply if test shows a Blood Alcohol Content of 0.04 grams or higher for a driver who was at the wheel of a commercial vehicle such as a truck.

WE CAN FILE YOUR 10 DAY REQUEST

Marietta DUI Lawyers Webb & D'Orazio can file a written request for the 10 day letter. This will make a stay of the administrative suspension order until the hearing. Your Georgia Class C driving privileges are thereby protected. When an administrative license hearing for suspension of a Georgia driver's license is not held, the license or privilege to drive in the state of Georgia will be suspended automatically 31 days after the Driving Under the Influence arrest.

HOW A MARIETTA DUI LAWYER CAN HELP

The law firm of Webb & D'Orazio will draw up and send out the Georgia 10-Day Administrative Hearing Letter via certified mail with return receipt. This letter will go to the Georgia Department of Driver Services for you. The cost is $100. If you retain Webb & D'Orazio to help you with you DUI case in Georgia, the firm will credit you $100 to be credited against the total amount charged for services.

An individual who wants to have an administrative hearing has to pay a $150 filing fee to the State of Georgia Department of Driver Services.

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