Question: I was arrested for DUI in Sandy Springs on my way home to Roswell and I need some answers about my driver's license. I was out with my boss and a client from Florida that we supply material to. We had dinner and went to a bar for a couple of drinks. We had a couple of beers, a vodka drink and Scotch. I guess I should not have been driving but I know the roads and it was just a short drive from Sandy Springs to Roswell. And I didn't feel drunk. The cop said I was speeding and that I failed to maintain my lane and was weaving.
My question has to do with my driver's license. I travel a lot for business and after the arrest I was away for almost two weeks. Now I'm worried that I was supposed to submit some kind of letter to keep my license. I was told by different people that it had to be done in 5 or 10 or 20 days and that I had to mail it to the Georgia Department of Motor Vehicles, the Georgia DMV. My boss, who was arrested for a DUI last year, said that my driver's license could be suspended if I didn't do that license letter.
The Sandy Springs police officer who arrested me for DUI did not say anything about this letter. He just took my license and gave me a sheet of paper that he said was my driver's license now. He never told me about any appeal or anything. What can I do? Is my license suspended?
Answer: It appears from the facts as you relate them that you should have submitted a "10-day" letter to the Georgia Department of Driver Services. (The Department of Driver Services is commonly, although wrongly, often referred to as the Department of Motor Vehicles; Georgia does not have a Department of Motor Vehicles.) You have 10 business days from the time of your DUI arrest to submit a 10-day letter (which is an appeal of your driver's license suspension). If you fail to submit the administrative appeal, then your license can be suspended.
You need to contact a Sandy Springs DUI lawyer as soon as possible to go over the exact details of your case and to seek advice and assistance. An important issue you did not mention is whether or not you took the breath test. There are greater driver's license penalties associated with a refusal of a blood, breath or urine test. You also did not state explicitly whether you have a Georgia driver's license or a license from another state. There are specific issues related to out-of-state driver's licenses that can complicate matters if you intend to drive in Georgia.
A DUI lawyer will want to discuss the stop of your vehicle with you as well as such things as if you performed field sobriety tests or not.
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