Georgia's 10-Day Rule

Georgia DUI Law: Automatic License Suspension

In Georgia, if you either have refused to submit to the official state chemical test of your breath, blood or urine, or if you submitted to the breath test and have a result of 0.08 BAC or higher and you are over the age of 21, the state will attempt to suspend your Georgia driver’s license or your privilege to drive in Georgia, if you are licensed by another state, even before your DUI case is heard in criminal court. Also, if you submitted to the breath test and had been operating a commercial motor vehicle and have a result of 0.04 BAC or higher, this suspension procedure will commence, as it will also commence if you are under the age of 21 and have a breath test result of 0.02 BAC or higher. In almost every case, this suspension procedure happens before your trial in criminal court on your DUI. In fact, it happens AUTOMATICALLY unless you file a request, in writing, for an administrative license suspension hearing within 10 business days of your arrest for DUI.

Filing this written request for the administrative hearing within the 10-day window allows for postponement of the intended suspension and may altogether stop this administrative suspension of your driver’s license. Protect your driving privilege and contact our Atlanta offices today.

Georgia’s 10-day rule refers to an administrative action taken by the Georgia Department of Driver’s Services against your ability to keep driving subsequent to your arrest for DUI. This procedure is initiated by your arresting officer and is separate from the criminal case against you. If you do not request, in writing, an administrative license suspension hearing, within 10 days of your arrest, then your Georgia driver’s license, or your privilege to drive in Georgia, if you are licensed by another state, will automatically be suspended on the 31^st day following your DUI arrest.

Special Consequences for Refusing to Take a Breath or Blood Test

This 10-day rule applies to both per se violators (BAC of 0.08 or higher if you are over the age of 21; BAC of 0.04 or higher if you had been operating a commercial motor vehicle; or BAC of 0.02 or higher if you are under the age of 21) and to people who refuse to submit to the state test of their breath, blood or urine. Harsher consequences are imposed upon those individuals who have refused to take the test.

If you have refused to take a breath or a blood or a urine test and you then fail to properly request the administrative license suspension hearing, or if you lose at that administrative hearing, your Georgia driver’s license (or your privilege to drive in Georgia if you are licensed by another state) will be suspended for a period of one year. Also, you will not be able to obtain a limited use driving permit, even for the purpose of being able to drive to and from work. There are no hardship exceptions to this result. The only options available to you to try to undo this damage is either to have the prosecutor agree to allow you to plead guilty to a charge other than DUI (which the prosecutors often are reluctant to do when you have refused to take the test), or to win your DUI trial (which means your license will remain suspended for several more months as you wait for your case to be heard in court).

Former Assistant United States Attorney
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The Law Offices of Howard J. Weintraub, P.C. has been defending the rights and protecting the driving privileges of people charged with DUI in Georgia since 1985. We represent clients from all parts of the state in administrative license suspension hearings.

Call our law offices in Atlanta, Georgia, or contact us directly online for a free consultation with an experienced lawyer. Our telephones are answered 24 hours a day, 7 days a week. Your message will reach us and will be returned as soon as possible. Major credit cards are accepted.