Georgia's 10 Day DUI Rule

By [http://ezinearticles.com/?expert=Ben_Von_Schuch]Ben Von Schuch
In Georgia, when an individual is arrested for driving under the influence (DUI) they are in immediate danger of losing their privilege to drive. Georgia has two license suspension hearings, a criminal and an administrative hearing. An administrative license suspension is totally separate from a criminal license suspension, however, certain criminal factors can weigh heavily on the outcome of an administrative license hearing.
After being arrested for a DUI offense, an individual should receive a DS 1205 form from the arresting officer. The DS 1205 is considered the individuals new drivers license, which is valid for 30 days after a DUI arrest in Georgia. The form also explains that an individual's driver's license will automatically be suspended unless they request an Administrative License Suspension (ALS) hearing within 10 days of their arrest. If an individual does not request a hearing within those first 10 days after their arrest, their Georgia driver's license will automatically be suspended.
The administrative license suspension hearing is mainly to determine if you violated the conditions of your driver's license that are set by the Georgia Department of Driver Services by driving under the influence. The hearing is presided over by an administrative judge who will determine if you committed a DUI offense and if proper procedure was performed by the arresting officer.
The suspension periods for a DUI in George will vary depending on the particulars of the offense. For a first DUI offense an individual can have their license suspended for up to a year. For a second offense within five years of the first conviction an individual can have their license suspended for up to three years. An individual convicted of a third DUI offense in five years can have their license suspended for up to five years.
Fortunately, individuals who have had their license suspended may participate in an authorized DUI school to potentially lessen the suspension time. The school must be approved by the Georgia Department of Driver Services and must consist of two state approved components, Assessment and Intervention. Successful completion of a DUI course can potentially shorten a suspension sentence to 30 days depending on the severity of the offense.
Although an individual does not have to have an attorney present at an administrative hearing, having an experienced criminal defense attorney by your side to advocate for you will be in your best interests. Your criminal defense lawyer can provide you with legal counsel that will strengthen your defense against a serious DUI allegation and stand by your side during every court appearance and hearing.
Benjamin Von Schuch is an Atlanta criminal defense attorney who strongly advocates for his clients who are facing a driver's license suspension as the result of an alleged DUI offense. He strongly advocates for his clients in a variety of criminal cases including DUI, traffic offenses, drug charges, sex offenses, marijuana charges, and theft crimes For more information visit our website: [http://www.bvslawfirm.com/CriminalDefense/DrivingUndertheInfluenceDUI/10DayRule.aspx]Atlanta 10 Day Rule Attorney
Article Source: [http://EzineArticles.com/?Georgias-10-Day-DUI-Rule&id=6647460] Georgia's 10 Day DUI Rule