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February 02, 2012

DUI – What is the ten (10)day rule?

Posted by Dan Dewoskin in Blog, Criminal Defense

Tags: drivers license, DUI, georgia, less safe, ten day rule

Arrested for DUI?  Be aware of the “10 day rule”!

It could affect your ability to drive in the state of Georgia.

The “Ten Day Rule,” as it is sometimes called, refers to the requirement that a driver who is notified that his/her license is being suspended for either  a.)  Submitting to a state administered breath test that resulted in a blood alcohol content of 0.08 (Georgia legal limit) or higher OR  b.) refusing to submit to a state breath test has ONLY TEN DAYS to appeal the suspension of his/her Georgia drivers license.

If an appeal and a request for a hearing is not timely filed, along with a filing fee of $150.00, the driver’s license is suspended after the expiration of thirty (30) days.

Depending on whether the person submitted to the breath test, there may be ways in which the person can avoid the suspension of his/her privileges for a full year. Simply put, whenever a person is arrested and charged with DUI, it is extremely important to seek the advice of qualified counsel at the earliest possible moment. Even taking a few days to decompress or form a game plan can compromise the driver’s case in very serious ways.

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Author: Dan Dewoskin