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Cherokee County DUI Lawyer, Cobb County DUI Attorney
If You’ve Been Arrested for DUI -- You Need To Talk With Attorney, Robert Speer FAST!
Juvenile / DUI / Criminal Defense / Personal Injury / Civil Litigation
The very first thing you
need to know if you’ve been arrested for DUI is this – an
AUTOMATIC SUSPSENSION of your driver’s license may apply to
you!
If the arresting officer in
your case has completed DDS Form 1205 (a “sworn report”) and
mailed that form to DDS, then your license will be suspended
effective on midnight on the 30th day following your arrest
date. Your license can be suspended by DDS under the
administrative license suspension law for only two reasons,
which are (1) your blood alcohol level was over a certain
limit when you were arrested, or (2) you allegedly refused
to submit to a blood, breath or urine test as requested by
the arresting officer. The blood alcohol limits which will
invoke the Administrative License Suspension law are as
follows:
-
If you were 21 or older at the time of your
arrest, and your blood alcohol level was .080 or higher
at the time of testing; or
-
If you were under 21 at the time of arrest and
your blood alcohol level was .020 at the time of
testing; or
-
If you have a commercial driver’s license,
were in a commercial vehicle at the time of arrest, and
your blood alcohol level was .040 or higher at the time
of testing;
If you were accused of
refusing a blood, breath or urine test, then your suspension
is for one (1) year, with no permit to drive. This
suspension can be terminated only two ways, these are (1) if
we take your case to trial and you are acquitted (or the DUI
case is dismissed), or (2) we win at the administrative
license suspension hearing and the license suspension is
rescinded by the Administrative Law Judge (ALJ). You cannot,
and will not, get a hearing with the Office of State
Administrative Hearings (OSAH) unless you (or this office)
properly demanded a hearing within ten (10) business days of
your arrest date.
BE CAREFUL!!! Take this
quick quiz now to see if you are subject to the Georgia
Administrative License Suspension Law!
A.L.S. QUIZ
Check all that apply to the
facts of your case:
_____ My blood alcohol
level was .080 or higher.
_____ They say that I
refused the test. (Right now, it doesn’t matter if you
really refused or not).
_____ I was under 21 the
day that I was arrested and my blood alcohol level was .020
or higher.
_____ I have a CDL, I was
in my rig when arrested, and my blood alcohol level was .040
or higher.
_____ I’m not sure what my
blood alcohol level was.
_____ I’m not sure what to
do.
IF YOU CHECKED ANY OF THE
BOXES ABOVE, THEN YOU MUST ACT IMMEDIATELY! CALL US NOW AT
770-517-0017
DUI punishment involves a
jail sentence, fines, license suspension, and/or community
service.
The judge in your
particular DUI case can impose a jail sentence, a fine,
community service, ignition interlock, etc. The Department
of Driver Services (commonly known as “DDS”) can (and
usually will) impose a period of suspension of your driver's
license.
Since DUI is a misdemeanor
in Georgia, the judge has the legal authority to impose a
jail sentence of up to one year and a fine of up to
$1,000.00 (and sometimes up to $5,000.00) for each offense
charged. This doesn’t mean that the judge in your particular
DUI case will give you a one year jail sentence or a
$1,000.00 fine – it just means that he or she can impose
such a sentence if he or she sees fit.
Georgia DUI and drunk
driving laws were changed drastically in 2008. The new law
has separated the time period that applies to certain cases
(known as “look back period”) into two parts – one for
driver’s license suspension (5 years) and one for all other
punishment (10 years). The Georgia Department of Driver
Services (GA DDS) handles all drivers license suspensions in
GA. GA DDS has a website at:
www.dds.ga.gov. As a general rule, the court in which a person
appears for the DUI sentences the person as to all other
punishment.
The new GA DUI (DWI) drunk
driving law is complex, but the following summary applies in
most GA DUI (DWI) cases involving drivers age 21 or older
(as measured from arrest date to arrest date):
1st in 5 years and 1st in
10 years:
License Suspension: 1 year suspension, with limited permit
for the first 4 months. Must complete the Risk Reduction
Program to get license reinstated. Must pay $210.00
reinstatement fee ($200.00 if processed by mail).
Other Punishment: 24 hours (minimum), to one year in jail;
fines from $300 to $1,000; 40 hours community service; and
12 months on probation (mandatory). A clinical evaluation
and treatment (if recommended by evaluation) can be ordered
by the judge, but is not mandatory.
1st in 5 years and 2nd in 10 years:
License Suspension: 1 year suspension, with limited permit
for the first 4 months. Must complete the Risk Reduction
Program to get license reinstated. Must pay $210.00
reinstatement fee ($200.00 if processed by mail).
Other Punishment: 72 hours (minimum) to one year in jail;
fines from $600 to $1,000; 30 days community service; and 12
months on probation (mandatory); and clinical evaluation and
treatment (if recommended by evaluation).
1st in 5 years and 3rd in
10 years:
License Suspension: 1 year suspension, with limited permit
for the first 4 months. Must complete the Risk Reduction
Program to get license reinstated.
Other Punishment: 15 days (minimum) to one year in jail;
fines from $1,000 to $5,000; 30 days community service; and
12 months on probation (mandatory); and clinical evaluation
and treatment (if recommended by evaluation).
2nd in 5 years and 2nd in
10 years:
License Suspension: 3 year suspension, with no limited
permit for the first 12 months; ignition interlock permit
for 6 months (after initial 12 month suspension); clinical
evaluation and treatment (if recommended by evaluation).
Other Punishment: 72 hours (minimum) to one year in jail;
fines from $600 to $1,000; 30 days community service; and 12
months on probation (mandatory). Car tags confiscated and
name and picture of driver published in county newspaper.
2nd in 5 years and 3rd in
10 years:
License Suspension: 3 year suspension, with no limited
permit for the first 12 months; ignition interlock permit
for 6 months (after initial 12 month suspension); clinical
evaluation and treatment (if recommended by evaluation).
Other Punishment: 15 days (minimum) to one year in jail;
fines from $1,000 to $5,000; 30 days community service; and
12 months on probation (mandatory);. Car tags confiscated
and name and picture of driver published in county
newspaper.
3rd in 5 years and 3rd in
10 years:
License Suspension: Driver declared habitual violator under
GA DUI law. 5 year license revocation. Can apply for a
probationary permit after 2 years; clinical evaluation and
treatment (if recommended by evaluation). Must complete the
Risk Reduction Program to get license reinstated. Must pay
all fees.
Other Punishment: 15 days (minimum) to one year in jail;
fines from $1,000 to $5,000; 30 days community service; and
12 months on probation (mandatory). Car tags confiscated and
name and picture of driver published in county newspaper.
4th in 10 years:
Possible FELONY (if all arrests occurred on or after July 1,
2008).
NOTE: If you were accused of REFUSING
to take a breath, blood or urine test, then you may not be
eligible to get a GA limited driving permit from GA DDS. See
the GA ADMINISTRATIVE LICENSE SUSPENSION LAW section below.
Also, if the driver was under 21 at the time of arrest, call
our office for more details, because special rules apply to
drivers under 21. A person accused of DUI (DWI) should
consult with an experienced GA DUI lawyer as soon as
possible to protect their rights. Robert Speer, The Magic
Lawyer® has had over 22 years experience energetically
defending DUI cases.
Remember, the above are
ranges of punishment that the judge and the State Patrol can
impose in your case. Other charges can result in jail
sentences, fines and license suspension also, such as
refusing to take the alcohol test, No Insurance, Driving on
a Suspended License, Hit and Run, et cetera.
THE TRIAL OF A DUI CASE
Many different factors
should be considered when making the decision to take your
case to trial. Obviously, you have a constitutional right to
have a trial in your case, no matter what the facts are.
Some of the major factors that you should consider when
making your decision are:
-
Any defenses that may increase your chances of
prevailing at trial
-
Whether you are eligible to take advantage of
an attractive plea agreement
-
Whether you have any prior DUI offenses that
may be admissible at trial
-
The admissible evidence against you in your
case (including “the breath test”)
-
What you stand to lose by entering a plea of
guilty or if a verdict of guilty is entered against you
at trial
-
The particular facts of your case
-
The court in which your case will be tried in
The decision to take your
case to trial is entirely up to you and you should consult
with an attorney at length before making a final decision.
All of the facts of your case need to be reviewed thoroughly
before making this decision. Many clients ask us what there
“chances are” if they go to trial in there DUI case.
Although it is impossible to determine an exact probability
of success in your case, we do have a set of checklists and
forms that we use to analyze your entire DUI case. Robert
Speer has been vigorously defending DUI cases for over 22
years!