An alcohol content reading of .08 is “per se” DUI, if you are over the age of 21. If you are under the age of 21, the legal limit is .02. If you are driving a commercial vehicle, the legal limit is .04. There is also a “less safe” provision in Georgia DUI statutes where the State must prove that alcohol and/or other intoxicants caused the driver to be less safe.
If you are arrested for DUI your license could be suspended. You must request a hearing in order to contest the suspension of your driver’s license. The 10 DAY RULE states that you only have 10 business days from the date of your arrest to request an administrative hearing before the Georgia Department of Motor Vehicle Safety. This administrative hearing is SEPARATE from the court date you may have received on your citation. It is imperative to prevent your license from being automatically suspended for 12 months that you submit the request for the administrative hearing. At Andrews & Sanders Law Offices our attorneys and staff are knowledgeable and prepared when it comes to dealing with these administrative procedures. Call us within the 10 days and let us help you.
The penalties for a DUI conviction are severe. There are Criminal penalties such as fines and jail time and there are additional consequences such as insurance rates increasing and adverse impact on employment.
The most important thing to remember is be COURTEOUS to the officer. The most difficult cases are the ones where the client has been rude, uncooperative, and nasty to the police officer. While you should be courteous to the officer, you have a right to refuse any and all of the field sobriety tests. You also have the right to refuse the breathalyzer, blood, or urine tests, but if you refuse, you could face a one-year suspension of your driver’s license. Remember, you are probably on VIDEO so you need to remember anything you say or do can probably be used against you.
An experienced DUI attorney, like those at Andrews & Sanders Law Offices knows what it takes to get the results clients want. You should expect your case to last anywhere from a few months to a year. However, if your case is set for trial, then it takes longer for your case to be resolved. Of course, the facts and circumstances of your case, along with your desired outcome, will ultimately dictate how long your case takes to be resolved.