If you either refused to take the State’s chemical test, or you did take the chemical test and the results were at a per se level, then you have 10 business days to request an administrative hearing. This is known as “The 10 Day Rule.” When calculating your ten days, do not count the day you were arrested, weekends, or state holidays.
If you refused the State’s test, and do not request a hearing within 10 business days, then on the 31st day after your arrest your license will be administratively suspended. The administrative suspension for a refusal will be anywhere between 1 and 5 years based on your driving record. There is no limited driving permit for a refusal suspension (even if you request a hearing and lose). Further, the time your license is suspended on an administrative refusal suspension will not be credited toward anytime your license may be suspended based on the DUI charge.
If you took the State’s test and the results were at a per se level, and you do not request a hearing within ten business days, then on the 31st day after your arrest your drivers license will be administratively suspended for one year if this is your first offense. However, you may obtain a 30 day limited driving permit. After 30 days, you may reinstate your license after completing a DUI Alcohol/Drug Use Reduction Program, and paying a $210 restoration fee ($200 if restoration is processed by mail). Any suspension time based on a per se suspension may be credited toward the DUI suspension if you plea guilty or are convicted of a DUI.
If this is your second offense, and your license is suspended based on an administrative per se violation, your license will be suspended for 3 years. There is no limited driving permit for this suspension.
If this is your third offense, and your license is suspended based on an administrative per se violation, your license will be suspended for 5 years. There is no limited driving permit for this suspension.
You must request an administrative hearing within 10 business days if:
- You refused to take the State’s chemical test.
- You tried to take the State’s chemical test, but they said you refused.
- You’re not sure what your blood alcohol level was?
- You’re 21 years of age or older, you took the State’s chemical test, and the result is .08 or higher.
- You’re under 21 years of age, you took the State’s chemical test, and the result is .02 or higher.
- You were driving a commercial vehicle, you took the State’s chemical test, and the result is .04 or higher.
- You were given a yellow piece of paper entitled “Sworn Report of the Arresting Officer.”
If any 1 of these 7 scenarios applies to your case you must request an administrative hearing within 10 business days of your arrest, or your drivers license will be suspended.
Filling An Appeal
Your appeal to the Department of Driver’s Services must be filed within 10 days of your arrest, or your license will be administratively suspended. Your appeal must include basic driver information such as your name, address, date of birth, license number, and phone number). Your letter must also state your grounds for appeal. Every appeal is different, and will set forth different offenses. In order to insure your letter outlines all of your grounds and defenses the help of an attorney is needed.
Once completed, your letter may be:
Hand delivered to:
2206 East View Parkway Conyers
Georgia 30013
If you hand deliver your letter be sure to get a receipt for delivery, or
Sent by certified mail to:
Georgia Department of Motor Vehicle Safety
P.O. Box 80447
Conyers, Georgia 30013
This letter must be postmarked within ten days of your arrest. Further, be sure to send the letter certified mail, and request a return receipt. Never send anything without making copies of the original for your files, and all communications should be sent certified mail with a return receipt requested.
For extra protection you may also Fax your appeal letter to (404) 624-7848. A Fax alone is not adequate notice for your appeal. You should ALWAYS hand deliver or send your appeal letter by certified mail, with return receipt requested, to the Georgia Department of Motor Vehicle Safety.