It is possible that an officer could forget to take your license. If you were issued a Form 1205, or if the officer filled one out and sent it in without giving you a copy, you could still need to request a hearing within 10 days. Your attorney can do this for you and should do so in case something like this has happened.
Whether you received an administrate license suspension (10 day rule) will depend on if the officer serves you with an adminstrative license suspension notice(DDS 1205). If he does you will need to file an appeal to that suspension within 10 days. Even if you do not have the notice I would still advise that you file the appeal within 10 days to make sure that an administrative suspension action is not taken against you. Consult an experienced DUI lawyer - someone who knows DUI law and handles DUI trials.
I always recommend that people still send the appeal letter and the fee as insurance even if they retained their license. If the officer does not send in the 1205, you can get your $150 refunded. It is the safest course to take with your license. Please contact an experienced DUI attorney in the area where you were arrested to assist you. If you need assistance locating an experienced attorney, I would be happy to help.
If the officer did not take your license, he probably did not send in a DDS form 1205 which is required to initiate an administrative license suspension. The administrative license suspension is why you send in the ten day letter. So no 1205, then no letter needed. This is even more likely if this is your first DUI in five years. We see many officers not sending in the 1205 on first in five DUIs because even if you lose at the driver's license hearing it is only a 30 day administrative license suspension with a work permit. You have to go to DUI school and pay a reinstatement fee to get your license back with full privileges but the limited permit is good for one year. I would suggest that whether not you send in the letter is more of an economic question. The down side is not that great if he did send in the letter and you do not request a hearing. Additionally, if you hire a lawyer and explain to the DDS that your license was not taken they will probably let you request a hearing out of time. The safest bet is always to send in the letter but you might be throwing $150.00 down the drain. Hire a lawyer.
No legal advice should be obtained from this response alone. This response is a matter of attorney opinion only. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this response is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI.
I advise my clients to send in the Request for a Hearing on the Administrative License Suspension (the 10 day letter) just in case the officer filed the DDS form and did not give you a copy. I figure it is better to be safe than sorry and have your license suspended! Remember to also send in $150 with the Request for a Hearing to the State of Georgia. This is now required in order to get a hearing. I would also advise you to consult with the most experienced and qualified DUI defense attorney that is available to you ASAP. Many times opportunities are lost when drivers are not represented in the ALS hearing. Good Luck!!
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
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