What is the “Ten Day Rule”?

According to Georgia DUI laws if you refuse to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol – OR – if you submit to one of the state administered tests and the test results indicate that your blood alcohol level amounts to a “per se” violation*, the arresting officer is required to take possession of your driver’s license or any driving permit held by you, and issue you a 30 day temporary permit.  This temporary permit is often referred to as a “1205 form.”  

Now this is where the “10 Day Rule” comes into play.  If you do not request an administrative hearing within 10 business days (do not count weekends or state holidays) of the date of your arrest, when your 30 day temporary permit expires your license will automatically be suspended.  However, if you properly/timely submit a hearing request, the Office of State Administration Hearings (“OSAH”) will grant you an administrative hearing (Administrative License Suspension Hearing – OR – “ALS Hearing”), and your temporary driving privileges will be extended until said hearing date.  

*”Per Se” violation – Georgia law states that a person can be in “per se” violation of Georgia’s DUI laws in 3 ways: 

If you are under 21 year of age and your blood alcohol concentration is 0.02 grams or more you are in violation of Georgia’s DUI laws. 

If you are 21 years of age or older and your blood alcohol concentration is 0.08 grams or more you are in violation of Georgia’s DUI laws.

If your blood alcohol concentration is 0.04 grams or more while you are operating a commercial vehicle you are in violation of Georgia’s DUI laws.

Requesting an Administrative Hearing

If you feel as though the clock is ticking and your 10 day window for requesting an administrative hearing is quickly closing – Please contact our office today so that we may assist you in this process.  The legal processes that go along with a DUI can be quite tricky; however, our office is determined to solve the mystery that is Georgia DUI law.    

If you do not request an administrative hearing, depending on your situation, the following will happen. 

Penalty for refusing to take the state administered tests: 

If you refused to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances and you do not properly/timely request an administrative hearing, once your 30 day temporary driving permit expires your driver’s license will be suspended for one year.  This is a hard suspension, and you will not be eligible for a limited work permit.   

Penalty for “per se” violations: 

First Suspension

Upon your first suspension within the previous 5 years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year.  However, you may be eligible for a limited 30 day work permit.  Further, after your license has been suspended for 30 days you may apply for early reinstatement to have your driver’s license reinstated.  Note, in order to be eligible for early reinstatement you must submit proof establishing that you have completed a DUI Alcohol or Drug Use Risk Reduction Program, and pay the appropriate restoration fee.     

Second Suspension

Upon your second suspension within the previous 5 years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years.  However, after your license has been suspended for 18 months you may apply for early reinstatement to have your driver’s license reinstated.  Note, in order to be eligible for early reinstatement you must submit proof establishing that you have completed a DUI Alcohol or Drug Use Risk Reduction Program, and pay the appropriate restoration fee.

Third Suspension

Upon your third suspension within the previous 5 years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. 

**Important Notice** 

The above mentioned license suspensions relate only to your administrative license suspension, and do not reference how your license will be affected if you are convicted of a DUI.  Your DUI case and your administrative license suspension hearing (although intertwined) are two completely separate proceedings. 

Please see “Penalties for DUI” on our home page for how a DUI conviction will affect your license.