Georgia DUI License Suspension (10-Day Rule)

While many drivers are aware that it is illegal to drink and drive in the state of Georgia with a blood alcohol content of .08% or more, many are unaware that their driver’s license many be suspended before they even step inside a court room. This is a civil proceeding that is determined by the state’s Department of Motor Vehicles and it is a completely separate process from a criminal court case.

Known as the 10-day rule, the Department of Motor Vehicles requires you to request a special hearing within 10 days of your arrest. For those that miss this deadline, their driver’s license may be automatically suspended for up to one year. The DMV does not wait for a DUI conviction to act.

There are several factors that can trigger an automatic license suspension with the DMV. For instance, if you are under 21 and your BAC was at least .02%, you would be in violation of Georgia’s Zero Tolerance law. This will result in an automatic license suspension if you do not request a hearing.

The DMV will also seek to suspend a person’s driver’s license if they hold a commercial license and their BAC was .04% or higher. If you find yourself in this situation, you’ll need to immediately request a hearing.

Also, if you refused to take a chemical test (blood, breath or urine), this would be a violation of Georgia’s Implied Consent law. When you received your driver’s license, the state asked you to agree to submitting to a chemical test during a DUI investigation. Failing to take a chemical test will result in an automatic license suspension with the DMV.

You are also required to take a field sobriety test during a DUI investigation. If you refused to perform any of the standardized field sobriety tests, the DMV will seek to automatically suspend your license.

No matter the situation you find yourself in, it’s in your best interest to speak with an experienced DUI defense attorney. Your lawyer can request the hearing on your behalf and represent you during the proceeding.

It’s also important to understand that DUI is a very serious crime with serious penalties. However, a skilled DUI defense attorney knows that there are many defenses that may apply to your case. With the right attorney, your charge may be reduced or even dismissed.

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