Georgia 30 Day Rule

WARNING – YOU CAN LOSE YOUR LICENSE – even if you win your DUI case!

The suspension of your license is different from you DUI. Avoid this problem:

Under Georgia law if a person has a blood alcohol content of .08 or above or refuses to take a test the police officer is required to fill out a form called the DPS 1205. This is an affidavit that he sends to the Georgia Department of Driver’s Services which starts a suspension proceeding against the person’s driver’s license. This a seperate proceeding than the actual DUI case which is handled through the criminal court system. The officer is supposed to give the arrestee a copy of this document which is an 8 1/2 X 11 inch yellow paper.

Georgia department of driver services form

The suspension proceeding moves forward from the date it is given to the arrestee and the suspension will go into effect on the 30th day after it is received unless a hearing to contest the suspension is requested. This hearing must be requested within 10 business days from the date of receipt or the suspension will go into effect on the 30th day. If this deadline passes it is very difficult do anything about it.

This can have devastating consequences in a refusal to take the test case because it results in a one year suspension with no work permit or any kind of driving permit.

A request for the hearing will stop the suspension from going into effect at least until a hearing can be held and a decision by an Administrative Law Judge is issued. Therefore, it is critical to contact a lawyer as soon as possible after being arrested for DUI.


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10.0W. Lamar Fields
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