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Administrative License Suspensions in Georgia and the “10 Day Rule”

Administrative License Suspensions in Georgia and the "10 Day Rule" After receiving a DUI in the State of Georgia, you must immediately take action to protect your legal rights. In many cases, the Police Officer, upon arresting you, will take action via a sworn DS-1205 Report to administratively suspend your driver's license or privilege to drive on the roadways of the State of Georgia. In order to prevent a default suspension of your Georgia drivers license or privilege to drive in Georgia, you must take action immediately. Within ten (10) days from the date of arrest, you must send to the Georgia DDS a request for an Administrative License Suspension (ALS) Hearing along with a Cashier's Check or Money Order in the amount of $150.00. This letter along with payment will afford you an administrative hearing to contest the proposed suspension of your license. At this hearing the arresting officer must prove to the court (by the preponderance of the evidence) that each of the statutory elements pursuant to Georgia O.C.G.A. 40-5-67.1 have been met. Under GA O.C.G.A. 40-5-67.1, the scope of the Administrative License Suspension Hearing is: (A) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or (B) Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and (C) Whether at the time of the request for the test or tests the officer informed the person of the person?s implied consent rights and the consequence of submitting or refusing to submit to such test; and (D) Whether the person refused the test; or (E) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and (F) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator?s permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph. The ultimate result of an Administrative License Suspension depends on your prior criminal history relating to DUI's (both in Georgia and in other States), your age, your license state, and whether you submitted to designated testing upon the request of law enforcement or refused such designated state administered chemical testing. If a person has a non-Georgia License, the only thing that Georgia can suspend is the person's privilege to operate a motor vehicle within the State of Georgia. It would be up to the home state (State issuing the License) whether as the result of the Georgia Administrative License Suspension they (the home state) will take a license suspension action. If a person is under age 21 and provides a chemical test that is .02 gm/210 ml or greater, there will be a 30 day suspension for a first Administrative License Suspension. During the 30 day suspension period, the driver is entitled to a limited permit and on the 31st day may get his/her full license back by paying a fee to DDS and proving that he/she has taken an Approved Risk Reduction Course. If a person Is over age 21 and provides a chemical test that is .08 gm/210 ml or greater, there will be a 30 day suspension for a first Administrative License Suspension. During the 30 day suspension period, the driver is entitled to a limited permit and on the 31st day may get his/her full license back by paying a fee to DDS and proving that he/she has taken an Approved Risk Reduction Course. If a person either 21 and over or under age 21 refuses to submit to a designated state administered chemical test, then an Administrative License Suspension will result in a one (1) year license suspension in Georgia with no ability to get a limited permit. Only an acquittal of the DUI charges or a reduction of the charge to a non-DUI disposition will end the one (1) year suspension early. Those under 21 must also be aware that if a Suspension under an Administrative License Suspension begins, the time served under this suspension would not count towards any suspension time imposed as the ultimate result of a reckless driving plea. In the event of a DUI Conviction, any suspension time accrued as a result of an administrative license suspension on a DUI 1st in 5 years or a DUI 2nd in 5 years would be counted toward an criminal suspension imposed. A DUI 3rd in 5 years or more would not allow ALS suspension time to be counted toward a suspension asa result of the criminal conviction.

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