Frequently
Asked Questions
- What
will happen to my Georgia Driver's license if I plead
guilty?
If this is your first DUI in 5 years, your license
is suspended for 1 year; you may get your license
back, however after 120 days, by attending a DUI school
and paying a reinstatement fee; during the 120 day
period, you can get a limited permit.
If this is your second DUI in 5 years, you lose
your license for 3 years, and you are not eligible
for any permit for at least 1 year; after a 1 year
suspension, you may get a limited permit for 6 months,
provided you have an interlock ignition device on
your car; after the 18 month period, you may be
eligible to get your full license back, but you
must have completed an alcohol evaluation, treatment
if recommended, and a DUI school, and pay the reinstatement
fee.
If this is your third DUI in 5 years, you loose
your license for 5 years, and you cannot get a limited
permit for at least 2 years.
- What
is administrative suspension?
Georgia law provides that your license can be administratively
suspended, even if you have not gone to court on your
DUI, under the following situations:
- If you are over 21, and you register above a .08
- If you are under 21, and you register a .02
- If you are charged with DUI and refuse to take the
state test of your blood, breath, or urine
In
order to keep your license from being administratively
suspended, you must request a hearing with the Department
of Public Safety within 10 business days of your arrest!
- Why
did the police officer make me stand on one leg, walk
a line, and follow his pen with my eyes?
Police use these Field Sobriety tests against you
in court to show that you were impaired to drive.
They don't tell you that these tests are voluntary
and that you do not have to take them. Of the three
field tests, only the Horizontal Gaze Nystagmus (HGN)
has been deemed scientific in Georgia. The theory
behind the HGN is that a person who is impaired due
to alcohol will have his/her eyes jerk (nystagmus)
at certain points while following a pen or finger.
- I
am under 21. Am I treated differently?
Yes; first, you are considered DUI if you register
above a .02 on the State's breath test; second, your
penalties are different than those of persons over
21:
- If
you register below .08, you lose your license
for 6 months, with no limited permit and you must
serve at least 20 hours community service.
- If
you register above .08, you lose your license
for a full year with no limited permit; you also
must serve 24 hours in jail, and perform a minimum
of 40 hours community service.
- The
officer read from a card after he arrested me, but
he never read me my "rights." Does this matter?
A person arrested for DUI must be read the Implied
Consent Notice from a preprinted card at or near the
time of arrest. This card tells you that the officer
is asking you to take a state test of your blood,
breath, or urine for the purpose of determining if
you are DUI. If you refuse, your license or privilege
to drive in Georgia can be suspended for a full year!
It also informs you of your right to an independent
test once you take the State test(s). Miranda does
not have to be read to you unless you are under arrest.
Miranda does not have to be read prior to taking a
state chemical test; it is only important if you are
under arrest, then interrogated by the police.
- I
blew into a portable breath test at the scene. Is
this the State chemical test?
No, that was a alcosensor, which only is admissible
to show the presence of alcohol. The State Chemical
test is either a breath test on an Intox 5000 machine,
a blood test, or a urine test.
- Is
it really possible to win my DUI?
Yes! If you believe that you were not under the influence
to the extent that you were less safe to drive, or
if you believe the test was inaccurate, there are
numerous ways to win a DUI. Please see How
to win a DUI case in Georgia
- How
do I find a qualified DUI lawyer in Georgia?
The best way to find a good DUI lawyer is by reputation.
The best approach is to ask other lawyers. Who would
THEY go to if arrested for DUI? An excellent indication
of quality and experience is membership in the NATIONAL
COLLEGE FOR DUI DEFENSE, located in Houston, Texas.
(713-626-1815) When you meet with an attorney, you
should make sure of three things:
- Does
the lawyer concentrate exclusively on DUI defense?
- Does
the lawyer have a reputation for aggressively defending
DUIs, instead of always pleading out his clients?
- The
financial terms of representation are clear
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