In Georgia, a driver who has been charged with DUI needs to act fast to ensure they avoid suspended driving privileges. According to Georgia Department of Driver Services regulations, drivers arrested and charged with DUI have 10 business days to file an appeal to avoid their license being suspended. The Georgia DUI 10-Day Rule allows the driver and/or their attorney to go before a judge to argue against an Administrative License Suspension of their license as is required by law. If the appeal is not filed within 10 business days, however, the driver will automatically lose their license for anywhere from one year to five years, depending on the number of previous offenses.
In order to file an appeal, you must complete and submit a Form 1205. This form is given to the driver by the arresting officer at the time of the traffic stop. Remember to examine carefully each piece of paper given to you by the arresting officer. It is also important to secure a qualified DUI attorney promptly to examine all documents, including Form 1205.
The 1205 Form also qualifies as a valid temporary driving permit until the date of your administrative hearing, but only if you properly requested a hearing within 10 business days of your arrest. One of biggest mistakes I see clients make is assuming they can legally drive until their court date by using the 1205 Form as a temporary driving permit. Many assume because of the arresting officer’s comments that the driver can temporarily drive on the form. The problem is drivers often do not hear or understand the officer’s other comments advising the driver that this form only qualifies as a valid driving permit until the administrative hearing. Drivers also often fail to read the fine print on the 1205 Form. The court date occurs after the administrative hearing. This is a costly mistake especially if you do not consult with a lawyer within 10 days of your arrest.
A DUI arrest is anyone who is believed to be under the influence of alcohol with a blood alcohol content of 0.08 or higher, 0.04 for a commercial driver or 0.02 for someone under the legal age. A suspension of your driver’s license is automatically enforced for refusing to submit to a field sobriety test.
If you were arrested for DUI or were cited for other moving violations, you could benefit from discussing your options with DUI attorney within the first days after your arrest to protect your driving privileges. At Dove Law Firm, our DUI lawyers are experienced in dealing with local law enforcement officials and can assist you in determining the best decision for handling a broad range of traffic tickets, including:
- DUI or DWI charges
- driving with a suspended license
- passing a school bus
- running a stop sign or red light
- reckless or careless driving
- driving without car insurance
- speeding tickets
- exceeding DMV points
- warrants for unpaid tickets, or
- single vehicle accidents.
Dove Law Firm, LLC, is located in Ocilla and serves residents throughout South Georgia. From the beginning to the end, we deliver quality legal services for residents of Ocilla, Fitzgerald, Tifton, Douglas, Moultrie, Hazlehurst, Abbeville, Nashville, Adel, Cordele, McRae, Sylvester and Ashburn.
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We are proud to serve the counties of Irwin, Ben Hill, Crisp, Wilcox, Jeff Davis, Coffee, Tift, Dooly, Atkinson, Colquitt, Berrien, and Dodge. We are appreciative of the opportunity to serve the cities of Ocilla, Fitzgerald, Abbeville, Eastman, Hazelhurst, Tifton, Douglas, Moultrie, Nashville, Enigma, and Cordele.
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