You have been arrested for driving under the influence (DUI) in north Georgia, and a million and one questions are spinning through your head. And right at the top of the list is, “Will I still be able to drive?”
The answer depends on many factors, but the simple truth is that your license could be in jeopardy if you face an administrative driver’s license suspension (ALS).
What Is an Administrative Driver’s License Suspension?
It is possible to lose your driving privileges long before your case goes to court and whether or not you are convicted. How can this happen? When you were initially arrested, the following may have happened:
- You were asked to take a chemical sobriety test. You refused, which is your right. Because of Georgia’s Implied Consent Law, however, the officer can take an additional step.
- You agreed to take the sobriety test, and your blood alcohol content (BAC) was over the legal limit of 0.08 percent. The officer can, again, take the next step.
- In either case, the arresting officer probably took your driver’s license and gave you a yellow permit, a DPS Form 1205.
- You were given a DPS Form 1205, which is a “permit” to drive for 30 days following the arrest. But only 30 days. Getting a Form 1205 means the state will, most likely, try to suspend your license before a trial.
In short, the ALS is an attempt by the Georgia Department of Driver Services (DDS) to suspend your license before you are found innocent or guilty of DUI.
The Ten-Day Rule in Georgia
Too many times, people do not realize what they are facing and do nothing. This is a mistake. In order to avoid having your license taken away, you must abide by Georgia’s “ten-day rule.” This rule means that:
- You have only ten days to file a letter to “stay” the suspension of your license.
- This letter is an appeal for an administrative license suspension hearing, where you will plead your case.
- If you do not appeal your ALS, your license will most certainly be suspended.
What to Do
It is not a good idea to “go it alone” if you are facing an ALS. From the initial suspension to the hearing, you really do need the representation of a north Georgia DUI defense attorney.
Call the Law Office of Scott Miller in Alpharetta to discover your legal options. Phone us at 770-408-1001, or fill in the confidential form on this page for a free initial consultation.
