Why Filing an Appeal is Crucial and What Happens if You Don’t File
If you miss the 10-business day deadline to appeal, you may have totally squandered one of your best leverage points for contesting your entire DUI prosecution. The appeal sets up an ALS Hearing date, which is typically scheduled about 60 days after your date of arrest. If you miss the filing deadline (10 business days after arrest), then no hearing will be scheduled and your right to drive ENDS on the 31st day after your arrest for DUI. More is explained about this below.
How a “Business” Day is Defined and Calculated by Georgia Law
In a nutshell, this is how you count “business” days. First, you START counting days on the next calendar day AFTER the actual date you are arrested, so long as that day is NOT a Saturday, Sunday, or State holiday. Weekend days and STATE holidays (not federal holidays) are NOT counted as “business days”. The appeal must either be RECEIVED at DDS [Department of Driver Services] Headquarters in Conyers, Georgia, or must bear an OFFICIAL U.S. Postmark date on or before that last day. Use of a confirmed FAX of the appeal [678-413-8450] to DDS is possible, but a second method of delivery, with signed proof of delivery, to DDS Headquarters in Conyers is our DUI law firm’s preferred way of dealing with these EXTREMELY important matters. Dual methods of delivery are utilized by our firm in all cases.
