10 Day Appeal Letter/10 Day Rule
Drivers arrested for DUI in Georgia have 10 business days from the date of their arrest to submit an appeal letter to stop the pending suspension of their driver’s license, or privilege to drive on the roadways of Georgia. This is known as the 10 Day Rule. The letter the driver must submit is known as the 10 Day Appeal Letter.
Who Should Submit The 10 Day Appeal Letter?
-Any driver who refuses to submit to the state’s chemical test;
-Any driver who submits to the test, and the results indicate an alcohol level of 0.08 grams or higher;
-Drivers holding a Commercial Driver’s License (CDL) who were operating their commercial vehicle, and the chemical test indicate an alcohol level of 0.04 grams or higher;
-Drivers under the age of 21 who submitted to the chemical test, and the results were 0.02 grams or higher.
If a driver submits to the test, and the alcohol levels are below the legal limit the arresting officer is not supposed to confiscate the driver’s license. Instead the officer is supposed to return the license to the driver. Many officers are not aware of this law, and will confiscate the license anyway.
As a rule, any driver who is arrested for DUI in Georgia should submit a 10 Day Appeal Letter to make sure their license is protected.
How Do I Submit A 10 Day Appeal Letter?
You submit your 10 Day Appeal Letter to the Georgia Department of Driver Services in Conyers, Georgia. When you submit your 10 Day Appeal Letter you must include a check (personal checks are accepted), money order, or cashier’s check for $150 made payable to “State of Georgia Department of Driver Services.” I recommend including your date of birth, and license number on the check.
Be sure to include your full legal name, date of birth, date of arrest, license number, name of arresting officer, mailing address, and phone number in your letter.
Mail your letter to:
State of Georgia Department of Driver Services
P.O. Box 80447
Conyers, Georgia 30013
I recommend sending the 10 Day Appeal Letter certified mail with return receipt requested. This way you can prove DDS received your letter if they lose it.
How Long Do I Have To Submit A 10 Day Appeal Letter?
You have 10 business days from the date of your arrest to submit the 10 Day Appeal Letter. Do not count the day of your arrest, weekends, or federal holidays when calculating the 10 business days. The appeal letter only has to be postmarked within 10 business days. The letter does not have to be received within 10 business days.
What If I Don’t Submit A 10 Day Appeal Letter?
If a driver does not submit the 10 Day Appeal Letter, and their arresting officer issued them a 1205 form, then 31 days from the driver’s date of arrest their license will be administratively suspended. Depending on whether or not the driver submitted to the chemical test, and their driving history, will determine the length of suspension.
How Long Will My License Be Suspended If I Refused The Test?
This type of suspension is known as an Implied Consent Suspension. If you’re license is administratively suspended for refusing to submit to the state’s chemical test your license will be suspended for 12 months. This is a hard suspension meaning there is no limited permit for work, school, etc. You cannot drive for the next 12 months.
How Long Will My License Be Suspended If I Took The Test And The Results Are Over The Legal Limit?
This kind of suspension is known as an Administrative License Suspension. If your license is administratively suspended for having a blood alcohol concentration over the legal limit, and this is your first suspension of this kind in a 5 year period, the suspension is for 30 days. During this time period you may get a limited driving permit for work, school, etc. After the 30 day period is over you may get your regular license back as long as you have completed DUI School, and paid the reinstatement fee which is $200 by mail, or $210 in person. To learn more about DUI School in Georgia please follow this link. To learn more about license reinstatements in Georgia please click here or here.
If you have more than 1 Administrative License Suspension in a 5 year period then your suspension will be for at least 12 months, and this is a hard suspension with no limited permit available.
If I’m Later Convicted Of The DUI Will This Suspension Time Credited Toward That Suspension?
Yes. Any time served under an Implied Consent or Administrative License Suspension will credit toward the future DUI suspension if you’re convicted.
Is It Possible To Delete This Kind Of Suspension?
Yes. During this suspension time if your DUI charge is reduced to something other than a DUI i.e. Reckless Driving, the DUI is dismissed, or you are acquitted at trial the administrative suspension will be rescinded, and the suspension removed from your driving history.
To learn more about administrative license suspensions in Georgia please watch my short video here or visit the State of Georgia Department of Driver Services web site.
Attorney at Law
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