10 DAY WARNING FOR ANYONE ARRESTED FOR DUI IN THE STATE OF GEORGIA!!
If you are arrested for DUI in Georgia, you only have 10 days from date of your arrest to file an appeal of your drivers license suspension. Failure to have your Georgia DUI Attorney file this appeal will result in a suspension of your drivers license for at least 30 days and as much as a year in the case of an alleged refusal to submit to the breath, blood, or urine test. The State of Georgia charges $150 to file the appeal. The immediate suspension of your Georgia drivers license can be stopped. Act Now!
Administrative License Suspension Hearings / 10 Day Letter
Administrative License Suspension Hearings, or ALS hearings for short, refers to a license suspension prosecution from the Georgia Department of Driver Services (DDS). Along with the Court case you will face, the DDS of Georgia, by means of the State Office of Administrative Hearings, has an administrative proceeding against you as well. The State of Georgia charges $150 to file the hearing request.
In summary, after you have been arrested for DUI your license generally becomes suspended after 30 days by the DDS. You are allowed a 10 business day period to halt the suspension by filing an appeal letter. Our law office files appeal letters like these routinely for Georgia DUI clients. Filing the appeal halts the suspension process and the driver generally receives a notice with a date for a hearing within a few weeks.
What Happens If You Do Not Request a Hearing?
If the hearing request is not made, your license goes into suspension on the 31st day. In the case of a refusal to submit to testing, your license will be suspended for a year, and you will not qualify for a limited or restricted license. There are no exceptions in the case of a refusal; so you must be very careful to hire counsel as soon as possible.
At the hearing, your Georgia DUI Attorney can argue the lack of probable cause to arrest for the DUI or violation of the Georgia Implied Consent Law. The arresting officer must not only read the correct Georgia implied consent warning at the time of the arrest, he must also correctly answer your questions at the time of the arrest. If his verbal advice contradicts the implied consent warning, the State may lose it's ability to use the chemical test (blood, breath, or urine) against you.
How Will the Georgia DUI Attorneys At Our Office Help?
Our team of Georgia DUI lawyers can assist you in preparing for this hearing and keeping your license. You should note however that the clock for the appeal of the suspension begins winding down on the date of your DUI arrest so you need to act quickly. It takes time to get the reports and the video used in your case. It also takes time to prepare the 10 day letter. Failure to act can create a waiver of your important rights, including the right and privilege to drive.
Remember, you cannot delay. Inaction means the waiver of important rights. Those rights can only be exercised from day one. Otherwise, you will waive your rights forever. That is why our Georgia DUI Lawyers are available 365 days a year, 24 hours a day. We don't take off holidays or weekends because your rights need to be protected every day.
There are defenses in Georgia at Your ALS Hearing
Many "attorneys" just assume guilty or more likely hopelessness from day one. Nothing is further from the truth. There are always potential defenses. Every case should be investigated. Those potential defenses include but are not limited to:
- Was the implied consent read correctly (substantially correct is the standard)
- Was the implied consent warning read timely (as close to the time of arrest as possible)
- Did the arresting officer or other officers present provide information to the arrested driver contrary to the advice and meaning of the implied consent warning.
- Did the officer read the correct warning for the person suspected of DUI ( such as the commercial waring for CDL drivers or the the under 21 warning for those who are under the age of 21 )
- Did the arresting officer fail to choose an actual test ( i.e designate a test such as breath )
- Did you rescind your refusal and agree to a test and the officer said it was too late to take the test.
- Did you request an independent test and were not accommodated.
- if there was a roadblock, was the roadblock handled in a constitutional manner.
- Was the arrested driver in custody for purposed of Miranda warnings.
Call Our Office Today For Immediate Help - We Are Here 24 Hours a Day to Help Your When You Need it Most:
In Georgia, you only have 10 Days for your Georgia DUI Attorney to file your 10 day letter for your ALS Hearing. As your can see, there are several potential defenses. Contact Georgia's Premier DUI Defense Firm 24 hours a day, 7 days a week. You will receive immediately attention.