After an arrest for DUI, you may have run across a warning that a 10-day time limit is running. “Hurry up…you have 10 days,” you might have heard a few times. What does that mean, and what should you do?
Fortunately, the "10 day rule" has changed as of July 1, 2017 to allow an expanded time limit of 30 days to contest your impending license suspension. During a DUI arrest, the arresting officer should read to you a paragraph from a small card. This is the called the Implied Consent Notice. Your response to this Notice triggers several consequences.
If you agree to the State's test, and your blood or breath tests at or above .08%, or if you refuse the State's test outright, your license can be suspended after arrest. You, then, have 30 days to contact the Department of Drivers' Services (DDS) to request a hearing, referred to as an Administrative License Suspension Hearing (ALS Hearing). This request stays the immediate license suspension, and allows you to retain your driving privileges until the ALS Hearing.
It is this Hearing which determines whether your license will be suspended before you even go to court for the criminal aspect of your case, and these suspensions can range from a period of 6 months to a full year.
The ALS Hearing is a civil hearing. It does not necessarily impact the criminal side of your charges, although there are some circumstances in which the agreements made during the ALS hearing could be used in the criminal case.
We strongly advise having counsel involved in your case prior to the ALS Hearing. Call us at (706) 250-1316, so we can advise you as to each step in a complicated and technical process.