10 Day Rule in Georgia
Contesting an administrative license suspension in Georgia just got more expensive due to House Bill 1055. This bill, signed into effect by Governor Sonny Perdue in May 2010, raises court fees in an effort to generate additional revenue that can be used to make up for the state’s mounting deficit. This means that citizens who have been accused of driving under the influence (DUI) must pay additional $150 in judicial costs in order request a hearing to save his or her driver’s license.
After a DUI arrest, the accused driver has a limited timeframe (10 days) during which he or she can request an administrative license hearing (ALS) from the Georgia Department of Drivers. A driver may be subject to this license suspension whether he or she refused to take the test, or took the test and had a blood alcohol content (BAC) over the legal limit. If a driver does not request an ALS hearing within ten days, his or her driving privileges will automatically be suspended.
When an accused driver faces an administrative license hearing, he or she will receive Form 1205 from the arresting officer. This form notifies the driver of the automatic license suspension and informs him or her of what must be included in a hearing request. At this time, the current forms do not address the new $150 fee an accused driver must include to request a hearing; however, failure to include this fee can keep your hearing from being scheduled. Many attorneys and most drivers are unaware of this new law. Sadly, this lack of information can hurt you when trying to save your driving privileges.
In addition to the $150 fee, the accused drunk driver must include his or her name, address, license number, date of birth, and phone number in the ALS hearing request. Names and contact information for potential witnesses, the attorneys name and number (if applicable), a statement regarding the facts of the case the driver wishes to contest, and the type of relief sought must also be included.
If you have recently been accused of driving under the influence, and have questions regarding Georgia House Bill 1055, please call us at (770) 420-8289