10-Day Rule-Administrative License Suspension

If you want to learn about the 10 day rule – administrative license suspension, get in touch with Philip Kim Law, P.C. We can explain this concept to you in a simple manner.

Author: Philip Kim, Founder, Philip Kim Law, P.C.

Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.

Published on October 11, 2023.

 

10-Day Rule in an Administrative per SE Hearing

Have you or your loved one been arrested for DUI? You might have your driving license suspended. To prevent your driver’s license suspension, reach out to an experienced DUI lawyer immediately after your arrest.

DUI laws are strict, and DUI offenses are treated seriously. When you are arrested for DUI, your arresting officer will immediately seize your driver’s license. The officer is also required to serve you a Notice of Suspension. However, you can prevent this pending suspension of your license.

The 10-day rule in an administrative per SE hearing is a window period within which you can file an appeal letter to prevent your driver’s license suspension. You only have ten calendar days from the date of your arrest for DUI to submit this appeal letter. For this purpose, you need to act swiftly to stop the pending suspension.

The department in charge of Administrative per SE hearing is the Department of Driver Services. You are entitled to submit the appeal letter if you are a driver under the following category:

  • You have refused to submit to the State’s chemical test

  • While holding a commercial driver’s license, you submitted to the chemical test, which revealed that your alcohol level is at least 0.04 grams

  • You submitted to the chemical test, which showed that your alcohol level is at least 0.08 grams

  • You, under age 21, submitted to the chemical test showing that your alcohol level is 0.02 grams or higher.

What Are My Legal Rights at a DDS Administrative Hearing?

It is essential you know what your rights are at a DMV administrative hearing. These rights include the following:

Proper representation by a DUI lawyer

First, you have the right to have a DUI attorney represent your interests at the hearing. Having an experienced DUI lawyer would be beneficial to your hearing.

Presentation of evidence

You also have the right to present your evidence and have witnesses testify for you. Note that you can give evidence or testify on your behalf at the hearing.

Right to cross-examine

You have the right to review all the evidence tendered against you at the administrative license suspension hearing. Such review will help you detect the errors in the evidence and avert the mind of the hearing officer to them. You are also allowed to cross-examine the witnesses for DDS pertaining to their testimony.

Right to receive a decision in writing

After your administrative license suspension hearing has been decided, you can exercise your right to receive the decision in writing.

Right to request for administrative review and appeal

Where the hearing decision is unfavorable to you, you can request that DDS conduct an administrative review of such a decision. You can also file an appeal against the decision.

Having your DUI lawyer guide you in exercising these rights would benefit you. Experienced DUI attorneys at Philip Kim Law, P.C. can help you throughout your hearing.

Requesting an Administrative License Suspension Hearing?

You should check the notice you receive concerning an action against your driving privilege. This notice will include the 10-day rule and instructions on how to request a hearing.

You can request this by submitting your 10-day appeal letter to the Georgia Department of Driver Services. You should also include:

  • Your full legal name.

  • Date of arrest.

  • Date of birth.

  • License number.

  • Phone number.

  • The name of your arresting officer in the letter.

Administrative License Suspension Process

After requesting an administrative license suspension hearing, you will receive an e-mail scheduling you for a hearing.

At the ALS hearing, the presiding judge will ask whether certain statutory factors were met in your DUI arrest. The law enforcement officer has the responsibility to reveal that:

  • There was a reasonable ground to believe that you were driving under the influence

  • You were lawfully placed under a DUI arrest

  • The arresting officer notified you of the implied consent laws

  • There was an accident due to your driving under the influence

  • The arresting officer informed you of the penalties for refusing to submit to a Blood Alcohol Content (BAC) test

  • Your BAC test result was above the legal limit, or you refused to take the BAC test

  • The machine used for the test was in good working condition at the time of the test.

What Happens if I Miss the 10-Day Deadline for Requesting a Hearing?

After the 10-day deadline for requesting a hearing, you can no longer request a hearing. Your arresting officer will then issue you Form-DDS 1205. Then, your driver’s license will be administratively suspended 31 days from your DUI arrest date. The length of your driver’s license suspension will depend on the circumstances of your DUI arrest.

If you request a hearing and refuse to attend the hearing, the DDS will still decide on your case. If you are found guilty, you may have your driving license suspended for a minimum period of one year.

How Does the Outcome of the Administrative Hearing Affect My Criminal DUI Case?

It is essential to note that a DUI arrest initiates or causes two different legal proceedings – an administrative hearing and a criminal DUI case. Your administrative hearing may affect your criminal DUI case, depending on what the hearing outcome is.

Where the law enforcement officer is held to have fabricated evidence at the hearing, such an act can be used in your DUI criminal case to contest the credibility of the law enforcement officer’s testimony and evidence.

Philip Kim Law, P.C. Can Help You

At Philip Kim Law, P.C., we understand how important your driving privilege and license are to commuting. Our experienced DUI lawyers are always willing to help prevent your driver’s license suspension. Even if your driver’s license has been suspended, our diligent Gwinnett County suspended license lawyers can help you.

We are prompt in filing an administrative license suspension hearing within the time limit. Contact us today to schedule a free consultation for your administrative hearing and DUI charge.

Request a Free Legal Consultation

Philip Kim Law, P.C.
368 West Pike Street, Suite 203
Lawrenceville, GA 30046
(678) 203-6968
Fax: (678) 273-3501
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