December 18

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What Is The 30 Day DUI Rule in Georgia?

By Adam

December 18, 2018


Georgia DUI Attorney

If you have been arrested on a DUI charge, you need to take immediate steps to protect your legal rights. This is because the consequences of a DUI can begin even before you are convicted. You risk losing your driving privileges and the clock is ticking on how you can minimize the effects of your DUI arrest. For instance, Georgia has a 30 day DUI rule that places you at risk for automatic license suspension. Be aware of Georgia DUI laws and how they can immediately impact you and your driving privileges soon after your arrest.

What is the 30 Day DUI Rule in Georgia?

In the State of Georgia, you have 30 days from the date of your DUI arrest to file an appeal with the Georgia Department of Driver Services (DDS) to avoid automatic license suspension. This is referred to as the 30 Day DUI rule. The 30 days refers to 30 calendar days after your arrest which means holidays and weekends are included. It is imperative that you act quickly to avoid letting the 30 days pass you by. If you do nothing and the 30-day limit expires, your driver’s license is subject to automatic suspension for one year. The year begins 46 days after your DUI arrest. If you were compliant under Georgia’s implied consent law and agreed to take a breath or blood test, you do have the option of applying for a temporary driver’s permit. To qualify for the temporary driver’s permit, however, it must be your first DUI offense within the past 5 years. 

The 30-day rule applies in a number of different DUI arrest scenarios. The rule will apply to you if:

  • You took a blood, breath, or urine test and were found to be over the legal limit of .08
  • You refused to take any of the three BAC test types (Blood, breath, or urine)
  • You were under 21 on the day of your arrest and were found to have a BAC of .02 or higher
  • You hold a Commercial Driver’s License (CDL), were arrested when operating your commercial truck, and you had a BAC of .04 or higher

To avoid the automatic administrative suspension of your license after the 30 days have passed, you must send an appeal letter. The appeal letter includes:

  • Your name, address, and driver’s license number
  • The location of the DUI stop
  • The name and department of the arresting officer
  • The date of the arrest
  • Any other important, relevant information

The letter must be mailed to the Department of Driver’s Services. After the letter is received, a hearing will be scheduled and held before an Administrative Law Judge. The judge will hear the evidence which usually includes testimony by the arresting officer. You or your legal counsel have the right to cross examine the witnesses and you yourself have the option of testifying and presenting evidence. The judge will issue a ruling on the status of your license and whether it will be suspended.

Remember, this is only the beginning phases of penalties that may be imposed on you for a Georgia DUI. If convicted of a DUI and it is your first DUI, you may incur the following penalties:

  • Up to 10 days in jail
  • 12 months of probation
  • A minimum of 40 hours of community service
  • A fine up to $300
  • Court costs

You may also be ordered by the court to attend counseling for substance abuse or DUI Risk Reduction School. Some individuals convicted of a DUI in Georgia are ordered to attend a Mothers Against Drunk Driving (MADD) Victim Impact Panel.

Georgia DUI Attorney

Things move quickly after a DUI arrest and your future hangs in the balance. You are immediately at risk of losing your license for one year. Do not wait to hire dedicated legal counsel. The dedicated DUI attorneys at Carter, Pilgrim & Stroud begin fighting for you right away. Contact us today.

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