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DUI and Serious Traffic Offenses

 

 

TEN DAY DEADLINE

           In most DUI cases there is a deadline of ten business days for you to send a certain letter to the Georgia Department of Driver Services (“DDS”).  This is called a “ten-day letter” or an “ALS letter.”  Its purpose is to request a hearing on any ADMINISTRATIVE LICENSE SUSPENSION that may have arisen from your DUI arrest. 

          If the officer gave you a “Form 1205,” it is very important to timely send this letter.  Your copy of this form is usually yellow, and letter-sized.  At the bottom of the form there is a "30-day temporary permit," but this is misleading.  The real purpose of this form is to suspend your driver's license.  See “Hearing Procedures” on the back of the form.  Even if the officer did not give you such a form, it is usually wise to send the letter as a precaution.

          The ten days begins on the day you were arrested.  To determine the deadline, count every business day (excluding weekends and holidays), beginning the day after the arrest.  Ten business days is usually about 12 calendar days.  To meet the deadline, the letter must be postmarked, and sent CERTIFIED MAIL, on or before the tenth business day.


          This letter should be sent even if you do not expect to contest your case.  There is no risk in sending it.  It will preserve your rights regarding any administrative suspension.  It may prevent a suspension of your license, or at least delay it until your court date or administrative hearing date.

 

          Mr. Hinman will prepare this letter for you as a part of the initial consultation.  If a consultation cannot be scheduled within the ten days, we will prepare this letter for you before you come in.

(706) 278-2488

 

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