If
you have been arrested for a DUI, you have 10 business
days from the date of your DUI arrest to properly request an Administrative
Law Hearing from the Georgia Department of Motor Vehicle Safety.
This is a SEPARATE COURT DATE from the court date you may have received
on your citations. This legal process can be confusing — don't
lose your license — Call Conaway & Strickler, PC today
so we can help you SAVE YOUR DRIVER'S LICENSE.
Facing a DUI charge is a scary experience. Not only does a person
endure the horrifying and humiliating experience of being arrested,
they then have to appear in court where he or she will have to face
the prosecutor against him, the judge, and all of the State's prosecutorial
power.
Conaway
& Strickler, PC represents people who have been charged with
a criminal offense or DUI. We handle criminal and DUI cases only,
and have an in-depth knowledge of the court system throughout the
greater Atlanta metro area. Our drunk
driving defense lawyers know the judges and prosecutors operating
within these courtrooms, and we understand best how to get your
case dismissed.
THE MOST COMMONLY ASKED QUESTIONS ABOUT DUI
WHAT ARE THE LEGAL LIMITS OF ALCOHOL IN GEORGIA?
-
An alcohol content reading within three hours of driving of
.08 is "per se" DUI, if you are over the age of 21. There is
a "less safe" provision in Georgia
DUI statutes where the State must prove that alcohol and/or
other intoxicants caused the driver to be less safe. An alcohol
content of .08 raises the presumption of the driver's intoxication.
If you are under the age of 21, the legal limit within three
hours of driving is .02.
-
If you are driving a commercial vehicle, the legal limit is
.04.
WHAT IF I HAVE A COMMERCIAL DRIVER'S LICENSE? (A CDL)
-
If you were driving a commercial vehicle and tested .04 or
higher, you are facing the 10 DAY RULE (SEE BELOW)
-
If you have a CDL, but not driving a commercial vehicle at
the time of your arrest, your CDL is immediately suspended -
AT THE TIME OF YOUR ARREST. You may continue to drive
your personal vehicle, but you must contact Conaway & Strickler,
PC to find out how - it is NOT automatic.
WHAT IS THE 10 DAY RULE?
-
The 10 DAY RULE states that you only have 10 business days
from the date of your arrest to request an administrative hearing
before the Georgia Department of Motor Vehicle Safety. You must
request this hearing in order to contest the suspension of your
driver's license. This is SEPARATE from the court date you may
have received on your citation. This is confusing and it is
meant to be - don't lose your license - call Conaway & Strickler,
PC right now to save your driver's license from being suspended!
The first thing you need to do is look at your citations and
whatever else you received at the time of your arrest. Did you
receive an 8 1/2 by 11 inch size paper from the Georgia Department
of Motor Vehicle Safety?
-
If you are unaware that you received this form, call Conaway
& Strickler, PC NOW! This could mean the
difference between a full year suspension of your driver's license
and simply having a work permit for 30 days, and NO suspension!
WHAT ARE THE PENALTIES FOR DUI IN GEORGIA?
-
The criminal penalties for a DUI conviction are severe. A DUI
conviction also means higher insurance rates, difficulty renting
automobiles and having to say to all current and future job
prospects, if asked, that you have a DUI conviction.
-
Avoid all of this by calling Conaway & Strickler, PC NOW!
WHAT SHOULD I DO AFTER BEING PULLED OVER?
-
First
and foremost, the most critical thing that you can do is to
be COURTEOUS to the officer. Getting nasty with the officer
will only get you to jail more quickly. You do not have the
right to an attorney at the time of being pulled over. You DO
have the right to refuse all field sobriety tests - the standing
on one foot, the watching the pen (HGN test), the touching of
your nose, the walk and turn, reciting the alphabet by starting
at d and ending with u.
-
You DO have the right to refuse the breathalyzer, blood, or
urine tests. Remember however, if you do this, you face a one-year
suspension of your driver's license. It may be in your best
interest to request an INDEPENDENT blood or urine test (at your
expense) which the officer must comply with.
WHAT IF I AM UNDER 21?
-
A blood alcohol level of just .02 within three hours of driving
is sufficient for a DUI conviction. Your license is REVOKED
and it is therefore necessary to go through the ENTIRE process
of obtaining a license again. If your blood alcohol level is
less than .08, then your revocation is for 6 months.
-
If your blood alcohol level is greater than .08, then your
revocation will be for one year.
WHAT OTHER HELPFUL HINTS CAN CONAWAY & STRICKLER, P.C. OFFER?
-
You are probably on VIDEO. Watch what you say.
-
You do not need to respond to the officer's questions about
whether you had anything to drink that night, where you were
coming from, etc. You can say, "I need to talk to my attorney
before I answer any more questions." Be respectful. An unhappy
officer is not something you want.
The firm of Conaway
& Strickler, PC has handled over a thousand DUI cases. We
are criminal
defense trial attorneys dedicated to preserving your rights
and getting your case dismissed. We have payment plans and accept
all major credit cards. Call us now to avoid your license suspension,
excess fines and jail time.
SENTENCING REQUIREMENTS FOR DUI (Statute in effect as of
July 1, 2001)
1st DUI CONVICTION IN 5 YEARS No 1st offender treatment
-
Jail Time - MUST SERVE 24 HOURS 10 day minimum/ 12 month maximum
Fine - $300 Minimum/ $1,000 Maximum, Community Service - not
less than 40 hours, Risk Reduction/DUI School, License suspended
for 12 months, limited driving permit allowed. Call Conaway
& Strickler, P.C. now to find out how to KEEP YOUR LICENSE!
-
Probation- 12 months reporting regardless of paying fine early.
2nd DUI CONVICTION IN 5 YEARS
-
Jail Time- MUST SERVE 72 HOURS 90 day minimum/
12 month maximum, Fine - $600 Minimum/ $1,000 Maximum, Community
service - not less than 240 hours, Risk Reduction/DUI School
Mandatory, Alcohol Evaluation and/or treatment, License suspended
for 3 years. Call Conaway & Strickler, PC now to find out
how to GET YOUR LICENSE BACK SOONER! Probation- 12 months reporting
regardless of paying fine early. Picture in Paper- photograph
must be published in paper.
3rd DUI CONVICTION IN 5 YEARS
-
Jail Time- MUST SERVE 15 DAYS 120 day minimum/
12 month maximum, Fine - $1000 Minimum/ $5,000 Maximum- Court
may suspend fine if you are ordered into a treatment program.
Community service - not less than 240 hours, Risk Reduction/DUI
School Mandatory, Alcohol evaluation and/or treatment, License
suspended for 5 years as Habitual Violator. Probation - 12 months
reporting regardless of paying fine early.
-
Picture in Paper - photograph must be published
in paper.
If you are under 21 years of age:
Driver's license revoked. 1st violation - 6 months revocation;
2nd violation - 1 year revocation. If you blow more than 0.08,
then license can be suspended for 1 year on 1st violation. You
may be segregated from the general population and serve weekends
for 1st conviction.
Subsequent convictions cannot be segregated or weekends.
Child Endangerment:
If you had a child younger than 14 years of age in the car,
then you may also be charged with Child Endangerment in addition
to the DUI offense.
License Plate:
If you are an Habitual Violator then you must surrender the
license plate of the vehicle you were driving, and if it was
not your vehicle, the license plate of any vehicle you own.
The COURT must:
1) Notify the Department of Motor Vehicle Safety within 10
days
2) Give you a receipt, and
3) Forward the tag to the local tag agent.
