You have 10 days to appeal a license suspension in metro atlanta

Many of our Atlanta DUI clients ask us about the “10-day rule.”  What this means is that if the officer kept your driver’s license and gave you a large, yellow sheet of paper that is your temporary license (check your wallet; don’t bury this paper!), you have 10 days to appeal a license suspension.

If you have your plastic license, call the Department of Driver Services license information line at 404-657-9300 and enter your license number.  If the voicemail tree says “YOU HAVE A VALID LICENSE,” this means you probably do not face a civil license suspension.

The 10 days are TEN BUSINESS DAYS starting the day after your arrest.

• It is better to err on the side of requesting a hearing and finding out later that Officer Friendly didn’t ask for a civil suspension, than not requesting a hearing, and learning the hard way that you can no longer drive legally.
• It’s always best to hire a DUI Defense Attorney before the end of this 10-day period so that your attorney can appeal the license suspension for you.

changes to 10-day rule as of May 13, 2010

Changes to O.C.G.A. §40-5-67.1 from House Bill 1055 enacted at the 2010 Session of the Georgia General Assembly require payment of a filing fee of $150.00 to appeal an administrative license suspension or implied consent suspension (per se or refusal). The new filing fee applies to any incident occurring on or after May 13, 2010. The filing fee should be submitted with the appeal letter within ten (10) business days of incident. Checks and money orders are the preferred forms of payment, and they should be made payable to the Department of Driver Services (DDS). The DDS will be contacting customers/attorneys in writing if the filing fee is not sent with the appeal, and DDS will be amending 1205 to reflect fee requirement on violator's copy.

Atlanta DUI Lawyers Clark & Towne

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