Question: I got charged with my first DUI. I know I need to do some sort of letter for my driver's license. If I do that can I keep my license or is it suspended?
Answer: In the state of Georgia when you are arrested for a DUI (Driving Under the Influence of alcohol or drugs) you need to submit an administrative appeal to the Georgia Department of Driver Services. The administrative appeal, commonly known as a "10 day letter," is a request for hearing regarding your driver's license. Even if you do not have a Georgia driver's license, you need to submit a "10 day letter." When Driver Services receives the 10 day letter they schedule a hearing regarding your license with the Georgia Office of State Administrative Hearings (OSAH), another Georgia agency. OSAH employs administrative law judges who judge the hearing. OSAH hearings are very different than a criminal trial in a court of law. For one thing, in the administrative hearing, the burden of proof is not beyond a reasonable doubt, as it is in a criminal trial.
If you fail to submit a 10-day letter, then your license can be suspended. The reason it is called a 10 day letter is that a defendant has ten days from arrest to file the appeal. If you refused the breathalyzer test, then that suspension could be for one year, without the possibility of receiving a limited or work permit. If you took the breathalyzer test, then other rules can apply.
Every situation is different concerning the retainment a driver's license after a DUI arrest. It is important that anyone who has recently been arrest for DUI contact us as soon as possible to protect their rights.
Please call The Sherman Law Group at 678-215-4106 so that we can answer any questions you may have about a Georgia DUI charge.