If you are arrested for DUI in Georgia and your license is subject to suspension or revocation, sending the “30-Day Letter” to the Georgia Department of Driver Services (DDS) is a crucial step in protecting your driving privileges.
What is the 30-day letter?
The “30-Day Letter” rule in Georgia refers to a notice that a potential plaintiff must send to a potential defendant before filing a lawsuit. However, the “30-Day Letter” rule also applies to driving under the influence (DUI) cases.
If you are arrested for a DUI, and your driver’s license is subject to suspension or revocation, you have the right to request an Administrative License Suspension hearing to contest the suspension or revocation. However, to request the hearing, you must send a “30-Day Letter” to the Georgia Department of Driver Services (DDS) within 30 days of your arrest.
You can also install an ignition interlock device to maintain your driving privileges. It is important that you consult with a criminal defense attorney before making this decision.
What is in the 30-day letter?
The “30-Day Letter” is a form that contains specific information, including your name and contact information, the date and location of your arrest, and a request for an administrative hearing.
The letter must be submitted to DDS along with $150 for the letter filing fee within 30 days after the day of your arrest. Once you file the letter and pay the fee, the Office of StateAdministrative Hearings will notify you by mail of the date, time, and place of the administrative hearing.
What happens at the administrative hearing?
At the administrative hearing, you will have the opportunity to present evidence and testimony in support of your case. The judge will consider the evidence presented and decide whether your license should be suspended, revoked, or reinstated.
What happens if you do not send the 30-day letter?
If you do not send the “30-Day Letter” within 30 days of your arrest, you will forfeit your right to a hearing, and your license will be automatically suspended or revoked.
What is the point of the 30-day letter?
The purpose of the “30-Day Letter” rule in DUI cases is to provide a mechanism for drivers to contest the suspension or revocation of their licenses promptly and to ensure that the DDS has notice of the driver’s intent to contest the suspension or revocation.
The 30-day letter and sobriety testing
It’s important to note that the “30-Day Letter” rule also applies to drivers who refuse to take a breathalyzer or blood test when arrested for driving under the influence. In these cases, the Georgia Department of Driver Services may suspend or revoke the driver’s license for one year unless the driver requests an administrative hearing within 30 days of the arrest and the judge finds in their favor.
Does the 30-day letter impact my criminal case?
The”30-Day Letter” rule only applies to administrative hearings related to driver’s license suspensions or revocations in DUI cases. The administrative hearing does not affect the criminal proceedings related to the DUI charge itself. Therefore, the administrative hearing will be heard by a different judge and in a different courtroom than the DUI case.
Why do I need a lawyer for the 30-day letter?
In addition to requesting an administrative hearing, it’s important to seek the advice of an experienced DUI attorney if you are arrested for a DUI in Georgia. A knowledgeable attorney can help you navigate the complex legal process. At the Law Office of Kevin R. Fisher, we will fight to protect your rights and driving privileges.
Have questions? Give me a call.
Navigating the criminal legal system can be confusing. I have decades of experience fighting for clients at all stages of their cases, including clients who have been arrested for driving under the influence. I know the players in the Georgia criminal court, and I am here to help you throughout the life of your case. If you have questions about the 30-day letter or have legal questions, give me a call today!
