Do
I need
a 10 day
letter?
- If
you
refused
to summit
to the
state-administered
chemical
test,
you
need
to send
a ten
day
letter
requesting
an administrative
license
suspension
hearing.
- If
you
are
over
21 and
submitted
to a
state-administered
chemical
test
and
the
test
result
was
.020
grams
or more,
you
need
to send
a ten
day
letter
requesting
an administrative
license
suspension
hearing.
- If
you
are
under
21 and
submitted
to a
state-administered
chemical
test
and
the
test
result
was
.020
grams
or more,
you
need
to send
a ten
day
letter
requesting
an administrative
license
suspension
hearing.
- If
you
are
a commercial
truck
driver
and
your
test
results
was
.040
grams
or more,
you
need
to send
a ten
day
letter
requesting
an administrative
license
suspension
hearing.
Why
do I need
an administrative
license
suspension
hearing?
Your
DUI
Case
may
take
months
or even
years
before
it is
resolved.
Requesting
an administrative
license
suspension
hearing
is your
best
chance
of retaining
your
driver's
license,
pending
the
outcome
of the
criminal
portion
of your
case.
If
I refused
the state-administered
chemical
test,
how does
that affect
my driver's
license?
If
your
driver's
license
is administratively
suspended
for
refusing
to submit
to state-administered
chemical
testing,
the
driver's
license
is for
one
year
with
no permit
to drive
whatsoever.
Once,
that
suspension
goes
into
effect,
there
are
two
ways
to lift
it:
(1)
administrative
appeal
or (2)
the
criminal
case
is resolved
by a
disposition
other
than
DUI.
What
are the
criminal
punishments
for a
DUI case?
DUI
in Georgia
is a
misdemeanor
offense.
Misdemeanor
offenses
carry
a maximum
punishment
of 12
months
incarceration
and
$1,000.
fine.
First
Offense:
For
the
first
DUI
offense
within
five
years
the
mandatory
minimum
punishment
that
the
court
may
impose
if
you
plead
guilty
or
are
found
guilty
after
trial
is:
- 12
months
probation
- 10
days
incarceration
(which
may
be
reduced
to
24
hours
by
the
judge)
- 40
hours
of
community
service
- DUI
Risk
Reduction
Program
- $300
fine
- 1
year
driver's
license
suspended
(early
reinstatement
is
possible
in
some
cases)
Second
Offense:
For
the
second
offense
within
a
five
year
period:
- 12
months
probation
- 90
days
incarceration
(which
may
be
reduced
to
72
hours
by
the
judge)
- 240
hors
community
service
- DUI
Risk
Reduction
Program
- Clinical
Evaluation
and
Treatment
for
substance
abuse
- $600
fine
- 3
years
driver's
license
suspension
(early
reinstatement
possible
after
1
year)
Third
Offense:
A
third
offense
within
a
5
year
period
is
a
high
and
aggravated
misdemeanor
and
carries
mandatory
minimum
punishment
of:
- 12
months
probation
- 120
days
incarceration
(which
may
be
reduced
to
15
days
in
judge's
discretion)
- 240
hours
community
service
- DUI
Risk
reduction
Program
- Clinical
Evaluation
and
Treatment
for
Substance
abuse
- $1,000-$5,000
fine
- 5
year
license
suspension
(probationary
license
possible
after
2
years)