30-Day Letter – Georgia DUI Case
Posted by Ben Sessions | | Uncategorized
THERE IS NO LONGER A 10-DAY LETTER IN A GEORGIA DUI CASE. THERE IS NOW A 30-DAY LETTER IN GEORGIA DUI CASES.
This page gets a lot of traffic, so I do not want to take it down. HOWEVER, YOU NEED TO KNOW THAT THE 10-DAY LETTER IN A GEORGIA DUI CASE NO LONGER EXISTS. We now have a 30-day letter requirement.
In this video, DUI lawyer Ben Sessions explains what the 10-day letter really means in the Georgia DUI case. Contrary to what many people believe: this letter is not some magical tool. The 10-day letter in a Georgia DUI case is important, but it does not mean that your Georgia driver’s license or privilege to drive in Georgia will not eventually be suspended. The 10-day letter is simply a request for hearing upon the suspension which the arresting officer initiated as result of (1) submitting to the state-administered chemical test which produced results greater than the legal limit or (2) refusing to submit to the state-administered chemical test.
O.C.G.A. 40-5-67.1 (g)(1) now requires the submission of $150.00 filing fee with your 10-day letter:
A person whose driver’s license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code section shall remit to the department a $150.00 filing fee together with a request, in writing, for a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The hearing shall be recorded.