(770) 517-0017

Woodstock, GA

ROBERT SPEER

The Magic Lawyer®

Take this quick quiz now to see if you are subject to the Georgia Administrative License Suspension Law!

A.L.S. QUIZ
NOTE THE FOLLOWING 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 ANY OF THE ABOVE APPLIES TO YOU, YOU MUST ACT IMMEDIATELY!

DUI DEFENSE​ IN GEORGIA

CALL NOW (770) 517-0017

SUMMARY OF DUI LAW IN GEORGIA: 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:

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: (For arrests that occurred on or after July 1, 2013) 3 year suspension, with early reinstatement after 18 months upon completion of the following:  Risk Reduction Program; 120 days hard suspension; an ignition interlock on car for 12 months (unless court orders a "waiver"); remainder of the 18 months with a "regular" limited permit, and payment of the proper fees. After 120 days, an Ignition Interlock permit is allowed with (1) Ignition Interlock installed; (2) Risk Reduction Program completed; and (3) approved treatment program completion or enrollment. 

Other Punishment: 72 hours (minimum) to one year in jail; fines from $600 to $1,000; 30 days community service; and 12 months probation (mandatory); and clinical evaluation and treatment (if recommended by evaluation). Must surrender car tags.


2nd in 5 years and 3rd in 10 years:

License Suspension: (For arrests that occurred on or after July 1, 2013) 3 year suspension, with early reinstatement after 18 months upon completion of the following:  Risk Reduction Program; 120 days hard suspension; an ignition interlock on car for 12 months (unless court orders a "waiver"); remainder of the 18 months with a "regular" limited permit, and payment of the proper fees. After 120 days, an Ignition Interlock permit is allowed with (1) Ignition Interlock installed; (2) Risk Reduction Program completed; and (3) approved treatment program completion or enrollment. 

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).



PUNISHMENT FOR DUI: 


DUI punishment involves a jail sentence, fines, license suspension, and/or community service. The Department of Driver Services (commonly known as “DDS”) can also (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. They are changed all the time as well. 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.

WARNING!


The very first thing you need to know if you've been arrested for DUI in Georgia is this – an AUTOMATIC SUSPENSION 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. You only have 10 business days from your arrest date to stop this suspension!  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. BE CAREFUL . . . many clients tell us that they mistakenly thought the DDS Form 1205 was "just a temporary permit." It's NOT - - - it's also a SUSPENSION OF YOUR LICENSE AS WELL! Act now and give us a call . . . (770) 517-0017



FACTORS THAT  CAN TRIGGER  AN AUTOMATIC SUSPENSION:

The blood alcohol limits which will trigger 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 REFUSED the test, this may also trigger an automatic suspension.

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 26 years experience energetically defending DUI cases. You only have 10 business days from your arrest date to stop this suspension!  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 demands a hearing within ten (10) business days of your arrest date.

SHOULD YOU HAVE A TRIAL IN YOUR 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 26 years!