DUI Lawyer In Georgia

Reader’s Question:

Hi, my sister was charged for DUI here in Sandy Springs, Georgia and I heard her and her friend talking about a 10-day rule. What does a 10-day rule mean in DUI cases?

Gina
Sandy Springs, GA

On your sister’s DUI arrest in Sandy Springs, Georgia, if she either refused to take a blood alcohol test or if she submitted to a breathalyzer (Intoxilyzer 5000) test and had a blood alcohol content (BAC) of 0.08 or more (age 21 or more), 0.04 or more (if operating a commercial vehicle), 0.02 or higher (if under age 21), the state would attempt to suspend her driver’s license or privilege to drive for one to five years. In most DUI cases, this state’s attempt in taking away the right to drive would occur prior to any trial and would automatically be entered against the defendant. Your sister has to file an “appeal” letter within 10 business days after the date of DUI her arrest.

Filing an appeal would permit a postponement and would possibly prevent any license suspension from occurring. At the very least, a “stay” of any proposed license suspension would occur until your sister has had a chance to have a hearing with a Judge from the Office of State Administrative Hearings.

Tags: blood alcohol content, breath test, driver’s license, DUI, DUI lawyer