Georgia’s 10-Day Rule: How To Save Your Driver’s License After A DUI Arrest
When you are arrested for DUI in Georgia, everything moves fast. Your car may be towed, your court date may already be set, and the officer may hand you a notice saying your license will be suspended. What many people do not realize is that Georgia law gives you only 10 days to act if you want to save your driver’s license.
Missing this deadline can lead to a hard suspension that affects your job, family, and daily life. I speak with people all the time who never learned about the 10-day rule until it was too late. My goal is to help you understand what this rule means, how it works, and what steps you need to take immediately after a DUI arrest in Marietta or anywhere in Georgia.
Under O.C.G.A. § 40-5-67.1, the officer may issue you a DDS Form 1205 after a DUI arrest if you refused testing or blew over the legal limit. This form tells the Georgia Department of Driver Services (DDS) to suspend your license unless you request an appeal within 10 business days. That is why the clock starts ticking the moment you receive the form. You cannot ignore this notice and hope it goes away. The suspension starts automatically unless you fight it.
What The 10-Day Rule Really Means
Georgia’s 10-day rule means you must request an Administrative License Suspension (ALS) hearing with DDS within 10 business days of your arrest. The hearing gives you a chance to challenge the suspension before it takes effect. If no request is filed, DDS will suspend your license for months, sometimes longer, depending on whether you refused the test.
The ALS hearing is separate from your DUI criminal case. Even if your DUI is later reduced or dismissed, the license suspension remains in place unless it is handled through the ALS process. Many people do not realize these two parts of a DUI case are completely separate and must be dealt with individually.
Why Acting Quickly Helps Protect You
If you file the hearing request in time, your license will not be suspended until after the hearing takes place. This can give you weeks or months of legal driving while your criminal case moves forward. Filing also gives you a chance to argue that the suspension is not valid.
Under O.C.G.A. § 40-5-67.1(f), the hearing focuses on issues such as whether the officer had grounds to arrest you, whether the test was properly offered, and whether you refused or failed the test. These issues matter because if any part of the process was handled incorrectly, DDS may dismiss the suspension.
If you refuse testing, you face a one-year hard suspension with no permit unless you win the ALS hearing or resolve your DUI through the ignition interlock device (IID) option under O.C.G.A. § 40-5-64.1. That is why action within those 10 days is so important.
The Ignition Interlock Option
Instead of requesting an ALS hearing, some individuals choose the ignition interlock option. This requires placing an IID in your car for a set period of time. It lets you legally drive while your criminal case continues, even if you refused the breath test.
This option is also time-sensitive. You cannot wait weeks or months to decide. If IID is the right choice for your situation, you must apply within the same 10-day window. If you wait too long, the option disappears.
How Education And Preparation Help Your Case
Understanding each step of the DUI process helps you avoid mistakes that could limit your options later. The 10-day rule is only the beginning of your DUI case. After addressing the ALS issue, you must still prepare for court, review evidence, examine field sobriety tests, and evaluate body-cam footage. Your license and your future may depend on addressing both the administrative and criminal sides of the case.
Many people assume that because they have never been in trouble before, the system will be lenient. But DUI cases follow strict rules, and missing the 10-day deadline often results in immediate harm to your driving privileges.
Why The 10-Day Rule Matters No Matter Where You Live In Georgia
Even though my offices are located in Marietta, Atlanta, and several surrounding counties, the 10-day rule applies to every DUI arrest in Georgia. Whether the arrest happened in Marietta, Roswell, Atlanta, Sandy Springs, Kennesaw, Woodstock, Fayetteville, McDonough, Decatur, or anywhere else, you must protect your license before the deadline. At The Mazloom Law Firm, LLC, we represent defendants all throughout Georgia, and this rule is one of the first issues we address in every DUI case.
Georgia’s 10-Day Rule FAQs
What Is The 10-Day Rule After A Georgia DUI Arrest?
It means you have 10 business days from the date of your arrest to request an Administrative License Suspension hearing. If you do not file on time, DDS will suspend your driver’s license automatically. The suspension can last from several months to a full year, depending on whether you refused testing. Filing the request gives you time to keep driving legally while you challenge the suspension.
What Happens If I Miss The 10-Day Deadline?
If you miss the deadline, DDS will begin the suspension listed on your 1205 form. For people who refused testing, this often means a one-year hard suspension with no work permit or hardship license. Once the deadline passes, DDS rarely offers exceptions. This is why it is critical to act quickly after your arrest.
Is The ALS Hearing The Same As My DUI Court Case?
No. The ALS hearing is an administrative process through DDS under O.C.G.A. § 40-5-67.1. It focuses only on your license, not on guilt or innocence. Your criminal case is handled in the court system. Even if your DUI is dismissed, your license may still be suspended if you did not address the ALS issue.
Can I Drive While Waiting For My ALS Hearing?
Yes. Once the hearing request is filed, DDS pauses the suspension until the hearing is complete. This allows you to keep driving legally. If you choose the ignition interlock option, you can drive as long as you follow the installation and reporting requirements.
What Is The Ignition Interlock Option And Who Should Consider It?
The ignition interlock option allows you to avoid the ALS hearing and instead install an IID on your vehicle. This option works well for people who refused testing or who want to keep driving without risking a hard suspension. You must apply within 10 days of your arrest. If you wait too long, the option is no longer available.
Can The ALS Suspension Be Dismissed?
Yes. If the officer did not follow correct procedures, if the test was offered improperly, or if there are issues with the evidence, DDS may dismiss the suspension. The ALS hearing gives you the chance to challenge the suspension and present your arguments. Many suspensions are overturned when the evidence is reviewed carefully.
Do I Need A Lawyer To File A 10-Day Appeal?
You can file it yourself, but the process is easier and safer when handled by someone who understands Georgia DUI laws. Filing incorrectly or choosing the wrong option (hearing vs. IID) can harm your case. An attorney helps you protect your license and prepares you for both the administrative process and the criminal case.
Call The Mazloom Law Firm, LLC To Protect Your License
If you were arrested for DUI in Marietta or anywhere in Georgia, the 10-day deadline is one of the most important steps in your case. Missing it can cost you your license before you ever see a courtroom.
To receive a free consultation, call our Marietta DUI defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. The Mazloom Law Firm, LLC has offices in Marietta, Atlanta, and Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale Counties, and we represent defendants all throughout Georgia. Call today to protect your license and your future.
