In the United States, the old saying goes, “The 10-Day Rule” which means the period of time after a DUI arrest in Georgia is too short to waste

In the United States, the old saying goes, “The 10-Day Rule” which means the period of time after a DUI arrest in Georgia is too short to waste

Of course, most attention is on the criminal case once someone has been arrested for a DUI in Georgia. However, there is another, usually unnoticed clock going at the same time, and it is a fast one. The 10-day rule is the strict time limit in Georgia’s implied consent law and can carry significant consequences before he or she ever steps into a courtroom to resolve criminal charges.

In Georgia, the follow-up step to an arrest for driving under the influence is to seize your license and give you a temporary permit. Meanwhile, the officer informs the Georgia Department of Driver Services that you have refused a breath, blood or urine test or that you did take a test but the level was over the legal limit. This notification will automatically result in an administrative license suspension. But you can fight that suspension — as long as you do it within 10 business days of your arrest.

This 10 day period is not connected to your criminal trial date. It is a wholly independent administrative process, dealt with through the Office of State Administrative Hearings. Within that period, if you and/or your representative do not file for a hearing, your license will be suspended, even if the DUI charge is resolved. Many people don’t know this difference until after the fact, and one of the top reasons people contact an Atlanta DUI Lawyer is that they are contacted within days, rather than weeks, after they were arrested.

This length of suspension is dependent upon a number of factors such as, first offense, refusal to test or failure to test, and age of the individual at time of arrest. Refusals usually result in longer suspensions, and the repercussions may make driving to work, school or performing routine tasks difficult. A limited driving permit may exist in certain situations, however, this will be based on the nature of the arrest and the compliance with the request for a hearing deadline.

Approaching a hearing is a more than just a notice to an office that you wish to hold a hearing. There are specific procedures to follow, such as where and how the request should be made, and if any of the minor technical details is overlooked the request may be denied. The timing is crucial and it’s all about precision in the days that follow an arrest, this is one of the reasons. Your best chance for successfully challenging the suspension is done by having an Atlanta DUI Attorney who is knowledgeable with this process and helps to ensure it is filed properly and at the right time.

It is important to note that a victory at this administrative hearing does not mean a victory in the criminal case and a loss at this hearing does not mean loss of the criminal case. Both tracks are independent, part of the reason that people experiencing this for the first time find it confusing. A few people get so caught up in the calendar of their next appearance that they don’t realize that the administrative suspension has already been instituted.

James Yeargan (known as “DUI Jim”) is an Atlanta attorney who previously worked for the City of Atlanta as a DUI and drug prosecutor for several years before going the other way. He also trained at the Georgia Police Academy to become certified in breath testing and field sobriety testing equipment, and has a comprehensive knowledge of how these administrative deadlines fit into the DUI process. This attitude is characteristic of what is called “procedural knowledge,” which is crucial in the initial days following arrest.

The Georgia 10-day rule doesn’t give much time to delay, so it’s best to take any DUI arrest seriously the first day. If you’ve just been arrested for driving under the influence, it’s best to immediately contact an Atlanta DUI Attorney, so you may be able to keep your driving privileges until your case is resolved by the court. There are times when the door can be opened for just a few days to long and then it will be permanently closed that might be available with the right legal counsel.