DUI

Lawyer Kennesaw Ga

Should I take the test?

Almost always - NO! By taking any test you are only giving the officer evidence to help aid in your prosecution at a later time. If the Officer has decided to ask you to take a State Test or Field Sobriety Test, he is most likely going to arrest you anyway. The only situation in which I recommend taking a test is when you have had nothing (absolutely nothing all day) to drink or any drugs (Prescription drugs or otherwise).

 

What is an ALS hearing (30 Day Rule)?

When You Are Arrested for a DUI in Georgia You Face two Charges: 1) the Criminal case for DUI in the County or City you were arrested in and 2) the ALS (Administrative License Suspension) hearing in the Office State Administrative Hearings (OSAH). The ALS is a civil matter attempting to suspend your driver’s license PRIOR to the outcome of your DUI case. You MUST act QUICKLY because an ALS can happen before you go to court.

 

Does everyone have an ALS hearing?

No. Not every officer will file for an ALS hearing.

 

How do I know if I have an ALS hearing?
If you received a temporary license, the officer did not return your license, or you received a form titled “Notice of Intent to Suspend” or “DDS 1205” an ALS case has been filed against you.

 

What do I do If i have an ALS hearing?

The ALS MUST be appealed by Letter, containing very specific information and a $150 fee, Inside of “10 Business Days” or you will AUTOMATICALLY lose your license for 1 year. Weekends and State (not Federal) holidays do not count toward the 10 day period.

 

My Temporary Drivers License has expired, what do I do?

Your temporary drivers license only covers the 30 days. However, you should receive a letter extending the temporary license until the date of the hearing.

 

What is Implied Consent?

The arresting Officer should have read a card with the exact language for “the Georgia Implied Consent Notice” as soon as you were arrested. When the officer reads the Implied Consent, he will request that you take a “State administered chemical test”

 

What is a State Administered Chemical Test?

Commonly referred to as a State test. these test are admissible in Court to try and establish the amount alcohol in a person’s bloodstream. There are 3 common State Tests: 1) Breath tests performed on the Intoxilyzer 9000 ® (some people mistakenly call this a Breathalyzer ®),  2) Blood tests sent to the state crime lab, 3) Urine sample sent to the crime lab.

 

Will I really go to jail?

Once arrested you will spend at least 6 hours in jail. Depending on the strengths and weaknesses of your case, if you have been convicted of a prior DUI, and if an accident was involved you may face jail time if convicted.

 

Will I loose my License?

If convicted of a DUI you may have your license suspended. The length of suspension and whether you will receive a limited permit (allowing you to drive to work, school, Doctor, and Court related actives) depends on the number of prior DUIs, if you received an ALS suspension, and if you are convicted of a DUI alcohol or DUI drug.

 

What happens now?

 

FLOW CHART - Arrest > Bond (Most often, unless an accident with a serious injury or habitual offender is involved, your bond will be set at the Jail. If needed we will petition the Court to set your bond)>

 

Arraignment (A formal listing of your charges and our opportunity to enter a plea of NOT GUILTY) >

 

Investigation / Discovery (This is our opportunity to conduct an independent investigation by requesting police videos, official reports, 911 calls, testing equipment certifications, and other pertinent information) >

 

Motions (I will file all applicable motions, attempt to suppress any evidence gained in violation of your constitution rights, and when possible have the case dismissed)>

 

Negotiation (I will negotiate with the Prosecuting Attorney to receive a lower charge or favorable sentence, if the results are acceptable we will accept the plea before the Judge)>

 

Trial (Your case will be tried before a Judge or Jury who will decide if you are NOT GUILTY or Guilty).

 

What is the legal limit in Georgia?

0.08 grams for cases made on or after July 1, 2001 if you are age 21 or over.

 

What is the legal limit in Georgia for under 21?

0.02 if you are under 21.

 

What is the legal limit in Georgia for a CDL (Commercial License)?

0.04 if you were operating a commercial vehicle at the time of the DUI.

 

What is a DUI drug?

A DUI drug is when the State attempt to prove that you were an unsafe driver due to a drug found in your system. This charge typically requires a blood test to prove; however, you can be charged for a DUI drug when only using a Prescription (Rx) Drug as directed by your doctor.

 

What is a DUI less safe?

A DUI less safe charge is when you have any amount of alcohol in your system and you commit a traffic violation (run a red light, run a stop sign, weave from your lane) or are involved in a traffic accident

 

What is a DUI Per Se?

A DUI Per Se is when the State can prove (or believes it can prove) that your blood alcohol level was over the legal limit.

 

What is the penalty for DUI conviction?

 

First conviction:

 

    Fine: $300 – $1,000.00.

    Jail time: 10 days – 12 months. (The Judge may waive all but 24 hours)

    Community service: Minimum of 20 hours.

    Completion of a DUI Alcohol or Drug Use Risk Reduction Program.

    A clinical evaluation for substance abuse.

 

Second conviction:

 

    Fine: $600.00 – $1,000.00.

    Jail time: 90 days – 12 months. (The Judge may waive all but 72 hours)

    Community service: Minimum of 3o days.

    Completion of a DUI Alcohol or Drug Use Risk Reduction Program.

    A clinical evaluation for substance abuse.

 

Third conviction:

 

    Fine: $1,000.00 – $5,000.00.

    Jail time: 120 days – 12 months. (The Judge may waive all but 15 days)

    Community service: Minimum of 3o days.

    Completion of a DUI Alcohol or Drug Use Risk Reduction Program.

    A clinical evaluation for substance abuse.

 

Fourth or subsequent conviction:

 

    Fine: $1,000.00 – $5,000.00.

    Jail time: 1 year – 5 years. (The Judge may waive all but 90 days)

    Community service: Minimum of 6o days.

    Completion of a DUI Alcohol or Drug Use Risk Reduction Program.

    A clinical evaluation for substance abuse.

CONTACT

Inquiries

For any inquiries, questions or commendations, please call: 706-276-3636 or fill out the following form

Office

1125 Roberts Blvd NW

Kennesaw, Ga 

30144

 

*This Office is by Appointment Only*

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833-NOT-GLTY Or 833-I75-HURT