Georgia DUI 10 Day rule

In Georgia, as in many states, there are two circumstances with chemical blood-alcohol content (BAC) tests (blood, urine, and Breathalyzer) in which your driver's license will be suspended when you are detained for suspected DUI:

•  If you refuse to comply with an officer's request for a chemical blood-alcohol content (BAC) test, your license is automatically suspended. Even if you are found not guilty of DUI, your license can be suspended for up to one year for refusing to allow an officer to administer a chemical BAC test. This includes the Breathalyzer, blood, and/or urine tests.

•  If you comply with the request for a blood-alcohol content (BAC) test by Breathalyzer, urine, and/or blood test, and the test results show that your BAC is at the limit for Georgia (.08 BAC for adults, .02 for those under the age of 21), then your license is automatically suspended.

It is important to know this because many drivers think that their license cannot be suspended unless s/he is found guilty at trial. This law is applicable to all drivers because it is a condition of holding a driver's license in most states, and you agreed to this when you completed the forms applying for a driver's license.

After your arrest, if you refused chemical BAC tests the arresting officer will file a statement (DPS Form 1205) with the Department of Motor Vehicles to inform them of your refusal, which creates the suspension of your license. This form also initiates the steps to have a hearing scheduled. This hearing is separate from your criminal hearing on your DUI.

As the one arrested, you have ten business days starting on the day after your arrest to request an administrative hearing on this issue. If this is not explained to you and you miss your opportunity to require a hearing, you can request that your license be reinstated at your criminal hearing on the DUI; otherwise your license will be automatically suspended for one year.

Can you see why you need the professional services of the experienced DUI attorneys at The Lee Webb Law Office? DUI law is extremely complex, and no one but your attorney will explain all the legalities to you clearly and logically. If you are arrested for DUI, you need professional assistance.

These rules apply to your personal driver's license. Your CDL will be automatically suspended for one year if you are arrested for DUI and your BAC was .04 or higher or you refused to submit to the chemical test (either blood, urine, or the Breathalyzer tests).

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