The 10-day rule in Georgia is a consequential timeframe for motorists who have been arrested for driving under the influence (DUI) offenses. As a result of this rule, if you were recently arrested due to an officer’s suspicion that you were driving while impaired, you have just 10 business days to take action to safeguard your driving privileges. This rule applies specifically to administrative license suspension hearings and is separate from any criminal proceedings and potential consequences that you may incur if you plead guilty to – or are convicted of – your DUI charge.
When you were arrested for DUI in Georgia, the arresting officer should have issued you a Form 1205, which acts as a temporary driving permit for 45 days and notifies you of the intent to suspend your driver’s license. You’ll then have 10 business days from the date upon which you were arrested to file a request for an administrative license suspension (ALS) hearing with the Georgia Department of Driver Services (DDS).
If you do not request this hearing within the 10-day window, your license will be automatically suspended on the day after this 45-day grace period, which is just one of the reasons why it is so important for you to seek personalized legal guidance as quickly as possible.
Using the 10-day rule to your advantage
The 10-day rule allows you to challenge the suspension of your driver’s license before it would otherwise take effect. If you request an ALS hearing, you will be allowed to continue driving on your temporary permit until the hearing takes place and a decision about your circumstances has been made. This hearing is separate from your criminal DUI case and will focus solely on whether your license should be suspended as a result of your arrest. A failure to act will likely result in a suspension of your license for up to one year.
Navigating the ALS hearing process can be complex, and the stakes are high if you depend on your ability to drive to get you to work, school, etc. Therefore, seeking personalized legal guidance as soon as you possibly can is generally wise. Without assistance, you could lose your license and suffer any number of negative impacts as a result.