Ten-Day Letter

In all but a few DUI arrests in Georgia, there are two different legal matters (administrative license suspension hearing, or ALS, and the driving under the influence case itself) which have to be dealt with. This equates to fighting both issues in two different court cases, including different judges as well. Besides the usual criminal prosecution (which most of the time is last), the ALS appeal concentrates on the single issue of a pretrial loss of driver's license.

If you have been arrested on a drunk driving charge in Georgia, call Burns Law Group, PC, immediately at 770-628-1131 for effective criminal defense at a reasonable cost.

Filing The 10-Day ALS Letter Inside Of "10 Business Days"

After you are arrested for DUI in Georgia, the administrative license suspension (ALS) appeal has to be done by creating a time-limited written request asking for a hearing on the awaiting driver's license suspension. This process must be completed within 10 business days following your DUI arrest. The Georgia Department of Driver Services has to get the letter by the 10th business day. When figuring this out you must not count the weekends and state (not federal) holidays.

Remember, Georgia state and local governments are represented by skilled and experienced attorneys and law enforcement agents; you deserve a defense lawyer just as good. To protect your rights you should act quickly. Contact our office to preserve your freedom.

The 10-Day Letter Has To Be Submitted As Quickly As Possible

You have choices here. You can either submit your own letter stating all raised legal issues during the ALS hearing, or have a professional lawyer create the letter for you. As soon as the letter is written, it has to be mailed by one of the following ways:

  1. Bring the letter in person to the DDS office with a signed receipt from a DDS worker
  2. Faxed written confirmation of receipt
  3. Mailed by a commercial postman with a receipt given to you
  4. Mailed by a private postman with a receipt given to you
  5. Certified United States mail postmarked sooner than the 10th business day limit, with a receipt given to you

What Is The Anticipated ALS Hearing Date?

The first ALS appeal hearing date should be anywhere between 55 and 65 days following the date that the 10-day letter was read by the DDS. You must remember that the DS 1205 form only covers the first 30 days allowing you to drive. The DDS should send you an EXTENDED letter allowing you to drive until the hearing date or the date a decision is made. You should be receiving this 30 days after your DUI arrest.

Failing To Submit To A Chemical Test And ALS Consequences

When you fail the chemical testing performed by the arresting officer (urine, blood, or breath) it could lead to a 12-month driver's license suspension for first-time offenders. This time frame increases to three years for a second offense within five years, and six years for a third offense. You are also facing a revoking of your driver's license at this point.

  • Refusing The Administrative Suspension Could Lead To A Limited Work Permit. A driver's license suspension founded on refusing to undergo chemical testing may only hurt your right to drive if you do not fight to keep it. You can get a work permit by doing so. By winning or negotiating a "withdrawal" of the driver's license suspension, you would be able to drive.
  • Repeat ALS Offenders Receive Greater Penalties. If you get two administrative license suspensions within five years, you are at severe risk of having your license suspended for three years. Also, a work permit will not be granted.

The Administrative And Criminal Cases Are Different

You must understand that the administrative license suspension is a civil matter as opposed to the DUI itself, which is criminal. There are many more penalties following a driving under the influence conviction than losing your driver's license. You could face prison time, heavy fees and other consequences.

Free Consultation — Get Legal Help Today

If you have been charged with driving while intoxicated or driving under the influence of drugs or alcohol, contact Burns Law Group, PC, in Canton today for experienced, effective criminal defense.