Areas of Practice

The DUI 10-Day Rule

What You Need to Know

 If you are charged with a DUI and you

A) refuse to take a breath, blood, or urine test
-or-
B) if your result is 0.08 or greater

You have just 10 business days to request a special hearing.
Failure to do so may result in a one year suspension of your driver's license.

If any of the following facts are present in your DUI arrest, the 10-Day Rule applies to you and you must act now.

-If you refused to take the State's breath, blood, or urine test.

-If you tried to take the test but the officer claims you refused or would not blow hard enough.

-If you are under 21 years old and your alcohol level exceeds 0.02.

-If you are driving a commercial vehicle and your alcohol level exceeds 0.04.

-WARNING: The hand-held alco sensor that you were tested with on the road does not count as a test for this purpose.

NOTE: In 2010 the Georgia Legislature imposed a fee of $150.00 (payable to the Department of Driver Services) to petition for a hearing to avoid a license suspension.