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1.
Will I lose
my license
if convicted
of DUI?
On a first
conviction
in a five
year period,
your license
will be
suspended
for 120
days.
You will be
eligible for
a limited
permit to
drive on
during that
period of
time.
After the
120 days you
may have
your license
reinstated
by attending
the DHR's
risk
reduction
course (DUI
school) and
paying a
$210.00
reinstatement
fee.
For more
information
see the
Georgia DUI
punishment
page and the
License
Suspension
page.
2. I
blew over
the legal
limit, do I
have to
plead
guilty?
No.
There are
many
defenses
available in
DUI's, even
if you are
over the
legal limit.
3.
Will this go
on my
record?
Yes.
In most
cases, if
you were
arrested for
DUI in
Georgia, the
arrest will
be on your
permanent
record
forever.
However, the
disposition
line on your
criminal
history is
what really
matters.
You should
fight hard
to keep from
getting a
conviction...it
will follow
you wherever
you go.
4. How
long will it
take to
complete
this case?
It usually
takes a
couple of
months for
me to finish
my
investigation
of your
case.
So, even if
you enter a
guilty plea,
it will take
at least
that long.
If you go to
trial, it
could take
as long as a
year,
depending on
the court
calendars.
5. The
police
officer
didn't read
me my
rights, can
I get my
case
dismissed?
No.
They don't
have to read
you your
rights
unless they
are doing a
custodial
interrogation.
6.
Should I
take the
field
sobriety
tests if I
get pulled
over?
No.
But be
polite about
it, you are
most likely
being
recorded.
These tests
are
voluntary,
so I advise
clients not
to take them
under any
circumstances.
7.
Should I
take the
breathalyzer?
That is
complicated
question
that needs
some
clarification
before it
can be
answered.
First there
are two
different
machines
that can
generically
be called
"breathalyzers."
The
Alcosensor
is the
hand-held
unit that is
usually
produced on
the side of
the road.
It is
voluntary
and not
reliable
enough for a
number to be
introduced
into
evidence in
court.
Do not take
this test
under any
circumstances
if you have
been
drinking at
all.
The other
machine is
the
Intoxilyzer
5000.
This is the
official
state breath
testing
device in
Georgia for
DUI
suspects.
If you
refuse this
test, you
can lose
your license
for one
year.
For more
information
see the
License
Suspension
page.
If you have
had two
drinks or
less, I
would
probably
advise you
to take this
test.
If you have
had three or
more drinks,
you should
probably
refuse this
test.
It is not as
reliable as
everyone
thinks and
if you blow
over the
limit, you
will lose
your license
anyway.
8. Do
I really
need a
lawyer?
Yes.
Whether you
hire me or
not, you
have no
business
representing
yourself on
a DUI.
Georgia DUI
cases are
very serious
and can
result in
jail time,
fines,
license
suspensions,
probation,
community
service,
alcohol
addiction
classes,
court
ordered MADD
victim
impact
panels,
license
plate
surrender,
picture
publication
in the news
paper and
many other
collateral
effects that
you may not
have
considered
like the
inability to
rent a car,
higher
insurance
rates, loss
of
employment,
failure to
promote or
hire.
A Georgia
DUI lawyer
can help you
avoid all or
some of
these
serious
consequences.
9. Is
this a
traffic
ticket, a
misdemeanor
or a felony?
DUI cases in
Georgia are
misdemeanors.
Beware, they
are more
complicated
than about
any felony
you can
think of.
I have tried
everything
from DUI's
to Murder
and without
a doubt, a
DUI is the
toughest
case to try.
10.
How much
will this
cost me?
Generally
speaking, my
fees range
from around
$2000.00 to
$6000.00.
This is just
an estimate
and I can't
quote you a
fee until I
am familiar
with your
case.
I am not the
cheapest or
the most
expensive.
For the most
part, you
get what you
pay for.
If necessary
in your
case, expert
witnesses
are paid
directly by
you and
appellate
work also
costs extra.
Many times,
with half
down, a
payment plan
can be
worked out
to pay off
the balance.
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