by Editorial TeamThe Do’s and Don’ts After You’ve Been Charged with a DUI
We all make mistakes, but letting them snowball into a series of missteps is never the right solution, especially in a DUI case.
DUI charges carry many extreme potential penalties, including possible jail time, probation, and driver’s license suspension. There are some important rules you need to follow if you are charged with a DUI:
- Do not assume an arrest guarantees a guilty verdict
- Do seek legal advice quickly after your charge
- Do not try to represent yourself
- Do try to appeal your license suspension
While these rules will help the situation, it is crucial to understand the proceedings if you want to avoid the maximum penalties. This is especially true if this is not your first DUI charge, as the penalties can also include felony charges and up to five years in prison.
What Are The Penalties For a DUI?
In Georgia, the penalties for a DUI are related to the number of prior DUI charges. For a first offense, the charges are much less severe but still can cause a massive disruption to your life and career.
First offense charges include but are not limited to:
- License suspension
- One to ten days in jail
- One year of probation
- The cost of court proceedings and surcharges
- $300 fine
- Community service
The charges scale up until a fourth DUI, at which point you will be facing felony charges and much more severe penalties.
What Can I Do to Save my License?
During almost every arrest for driving under the influence, the arresting officer will inform the detained driver of their implied consent rights and confiscate their license.
This is the first step in the process of suspending a license. Luckily, an administrative license suspension (ALS) must go through many stages before it is finalized. As stated by the Constitution, every citizen is entitled to due process.
- Learn more about driving with a suspended license
In this case, it means that you can request a hearing to appeal the suspension of your license as long as you do it within 30 days of your arrest. Moving quickly is critical as this is the biggest “must-do” after being arrested for a DUI, which has a very tight time window.
To request an appeal hearing, you will need to pay a fee and follow a complicated and detail-focused process. It is highly recommended that you hire a lawyer to make this go smoothly.
What Should I Avoid Doing After My Arrest?
Being arrested for a DUI is a stressful experience, and many don’t bother fighting the charges because they consider them to be set in stone. However, an arrest does not automatically mean that you are guilty, and pleading guilty to a DUI charge is actually not the best idea.
Many think that taking the guilty plea will make the ordeal move quickly and make the stress and embarrassment of the charges go away, but in truth, it can lead to even more unexpected consequences.
Even if you can’t win your DUI case, fighting it can result in reduced charges or penalties. Most importantly, fighting your DUI charge with a lawyer gives you the chance to know your rights and all of the consequences that can occur upfront, this will allow you to be informed of your decisions before you make them.
You will never be able to seek lower penalties or potentially win a DUI case if you choose not to fight it, and being associated with a guilty plea can have a significant impact on your life, career, and loved ones.
For more legal advice on DUI’s don’t hesitate to reach out.
by Editorial TeamAbout Administrative License Suspension Hearings in GA
License Suspension for a DUI
If you are stopped arrested by an Atlanta police officer for suspicion of driving under the influence of alcohol (DUI) it can be stressful.
Things that will come to mind are:
- How long will my license be suspended?
- What should I do to get a temporary driving permit and how should I get my license reinstated?
- Do I need to request a court hearing?
- What will happen to my driver’s license?
- Ignition interlock option, and details about it?
When Can Your Drivers License be Suspended?
When you are arrested for DUI in Georgia, your license can be administratively suspended if you had a blood or breath test over the legal limit or refuse to take the state administered blood or breath test.
The arresting police officer should take your driver’s license after you are arrested and issue you a DPS 1205 form.
The 1205 Form
The 1205 form is a temporary driving permit that is good for 45 days from the date of your arrest. It is also a petition to suspend your license. You will have three choices to make within 30 calendar days of your arrest.
- First, your driver’s license will be suspended for one year if this is your first DUI in five years. But, you can apply for a thirty day limited permit if you tested over .08 on the state administered breath or blood test. Next, you can apply for a reinstatement of your license after thirty days. Go to the Georgia Department of Drivers Service and pay a restoration fee and show them you completed the Risk Reduction course (DUI school). However, if you refused the state administered blood or breath test, you cannot get a limited driving permit. You will be suspended for one year, unless you get your DUI charged reduced or dismissed.
- Secondly, you can request a hearing. You will need to do this by mailing a request form to Department of Driver’s Services within 30 calendar days of your arrest with a $150.00 filing fee. Then, you will get an extension of your temporary driving permit for 90 days. A hearing should be set at a designated location in the county of your arrest. The hearing is held by the Office of State Administrative Hearings (OSAH). An administrative law judge will conduct the hearing. The hearing is only to determine if you violated the ALS rules. The arresting officer will need to prove he legally stopped you; he had probable cause to believe you are under the influence of alcohol; the implied consent was read to you; and you refused the test or registered over .08 on the state administered blood or breath test. Should you win the hearing you can get your license back. If you lose the hearing you will be suspended.
- Thirdly, you can avoid an ALS hearing if you waive your right to a hearing and install an ignition interlock device. It will need to be installed in your vehicle within thirty days of your arrest and go to DDS to waive your right to a hearing. The ignition interlock must be in your vehicle for 12 months. If your case is a refusal case, you cannot take the ignition interlock out even if you get your DUI reduced or dismissed. Finally, if you took the state administered blood or breath test, the ignition interlock can be turned in if/when you get your DUI reduced or dismissed.
If you need an experienced Atlanta DUI lawyer call 770-419-1945 and speak with Richard Blevins.
