Reader’s Question:

What is the 10 day rule in Georgia regarding my DUI case? I live in Augusta GA.

Michelle

Thank you for asking Michelle.

Aside from the tickets, you may have gotten an 8 x 10 yellow piece of paper that says Georgia Department of Public Safety. This is referred to as the DPS form 1205. If you either refused to submit to the state official test, or if you submitted and have a test result of 0.08 grams or higher (age 21 or more), .04 or higher (if operating a commercial vehicle), or .02 or higher (if under age 21), the state will attempt to suspend or revoked your license or privilege to drive for one to five years. This attempt to take away your right to operate a vehicle will occur PRIOR to any trial (in most cases) and will be automatically entered against you unless you file an “appeal” letter within 10 business days after the date of arrest.

Filing an “appeal” provides you the chance for a hearing with an independent Judge in Georgia. It is different from the criminal case, and the issues to be dealt with are completely different. The result of the hearing will determine if you will be able to obtain your driving privileges until the end of your DUI case or if you will lose the right to drive in Georgia prior to your trial. So it is important to get the best and experienced DUI lawyer in Georgia.

Goodluck!

MariCAR