1 Mar 2014

Georgia’s “10-Day Rule”: After a DUI Arrest, You Have to Act Fast

If you have been charged with driving under the influence in Georgia, there are a number of serious long-term consequences that can follow if you’re convicted. Fines, jail time, increased insurance rates, damage to your career and reputation all hang in the balance. In the immediate aftermath of your DUI arrest, however, the short-term consequences can be devastating as well: if you don’t take quick action within 10 days after your arrest, you will lose your license and your right to drive for one year.

Think about that; you can’t drive to work, take your kids to school, drive to visit friends and family, or otherwise get anywhere in your car for 12 months. If you value your mobility and freedom, Georgia’s “10-Day Rule” means that you better act fast and reach out to an experienced Georgia DUI lawyer as soon after your arrest as possible.

Georgia’s “10-Day Rule” applies to you and the clock starts ticking on your driving privileges if:


  1. After you’ve been pulled over, you’re given a breath, blood, or urine test and your blood alcohol content (BAC) registers at or above the following:
  • 0.08% or higher, if you’re 21 years old or older driving a regular passenger vehicle;
  • 0.04% or higher, if you’re operating a commercial vehicle
  • 0.02% or higher, if you’re younger than 21 years old.


  1. You’ve been charged with DUI but refused to consent to or take a breath, blood, urine, or other test.


In either of those situations, you have 10 business days after your arrestto request, in writing, a special hearing before the Georgia Department of Public Safety or your driver’s license will be automatically be suspended for one year. The written request for a hearing must be accompanied by a $150 filing fee or the request will be disregarded.



This suspension, known as an Administrative License Suspension, takes effect even before you go to court to defend yourself and is entirely separate from the criminal case against you for DUI.


Given the importance of complying with this quick deadline in order to continue driving, it is critical that you contact an experienced DUI lawyer as soon as possible after you’ve been charged. A Georgia DUI lawyer can ensure that your request for a hearing is properly prepared and timely filed, and can represent you at the hearing to give you the best chance of maintaining your right to drive.

J. Alan Welch: Your Brunswick and Southeast Georgia DUI Defense Lawyer

If you’re facing a DUI charge, give me a call today at (912) 265-9811 for a free consultation. Together, we’ll work to preserve your driving privileges as we develop the best defense strategy for your particular case. I look forward to speaking with you.

This article has been prepared by J. Alan Welch Law for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.  

This blog is for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog you understand that there is no attorney client relationship between you and the attorney or law firm. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

POSTED BY : Comments Off on Georgia’s “10-Day Rule”: After a DUI Arrest, You Have to Act Fast

Contact Me to Discuss Your Case

    J. Alan Welch Law