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Dalton DUI Lawyers

1. Hinman, Ralph: Q: Do I have to be drunk to be charged? A: No. A DUI charge simply implies that a driver has consumed enough alcohol and/or drugs of any kind to make him or her a less safe driver. A minor traffic infraction, such as an improper lane change, disregarding a traffic signal, failure to yield, or driving too fast or too slowly -- combined with even a small amount of alcohol, or any drugs -- may become justification for a DUI charge of "less safe". Q: What alcohol level constitutes DUI? A: Under Georgia law, a person over 21 years of age is considered "per se" under the influence if he or she has a blood alcohol content of .10 within 3 hours of driving. A person with a blood alcohol content of .08 is presumed to be under the influence and will be arrested. A driver 21 years old or over is presumed not to be under the influence of alcohol with a blood alcohol content of .05 or under, but could be charged, at the officer's discretion, if his or her blood alcohol content is .05 to .07. Drivers of ages 15 to 21 years may be convicted of DUI with a blood alcohol content of only .02 or higher. NOTE: THE PENALTIES FOR DUI FOR PERSONS UNDER 21 YEARS OF AGE, PARTICULARLY STUDENTS, CAN BE FAR REACHING AND COMPLEX, DEPENDING ON THE FACTS OF EACH CASE, AND WILL NOT BE ADDRESSED FURTHER IN THIS REPORT. CALL US FOR QUESTIONS REGARDING UNDERAGE DRIVERS. Drivers of commercial vehicles who are 21 or older may be convicted of DUI with a blood alcohol content of .04% or higher. Commercial drivers who suffer a conviction often find themselves unemployable as drivers for insurance reasons. Q: If stopped, do I have to take the tests? A: No. There are two types of tests. 1. Field sobriety exercises are the type given by officers in the field, and include physical dexterity evaluations (walk the line, one leg stand, follow finger with eyes, etc.) and, sometimes, a hand held (alco sensor) breath test. These tests are voluntary, and you have the right to refuse to take them. 2. The State administered chemical test (at the station or hospital or in bat mobile) of your breath, blood, and/or urine. You have the right to refuse these tests as well. However, you are given an implied consent warning, which tells you that you must take the test the officer designates or you will lose your license for 12 months. Drivers with out of state licenses will lose their privilege to drive in Georgia, and their home state may revoke their residence license. In addition to the police officer's test of your blood, breath or urine, you have the right to take an additional test with qualified personnel of your own choice (and at your expense). The police officer must transport you to your designated hospital for testing, if it is within a reasonable distance. Q: Will my license be suspended on a first arrest? A: Yes, if your test results are .10% or higher. However, the law provides for a 30 day administrative suspension on first offenses. This administrative suspension begins on the 31st day after your arrest and you will be given 10 business days to appeal it. If you appeal the suspension, this will put a stay (or stoppage) on the suspension pending a hearing on the appeal. CAUTION: IF YOUR LICENSE IS SUSPENDED EITHER IN THE MANNER DESCRIBED ABOVE OR IF YOU REFUSE TO TAKE THE TESTS, YOU MUST FILE A REQUEST FOR A HEARING WITHIN 10 BUSINESS DAYS. FAILURE TO DO SO COULD COST YOU BOTH YOUR RIGHTS TO APPEAL AS WELL AS YOUR LICENSE. CALL OUR OFFICE IMMEDIATELY TO REQUEST A HEARING! If you are found Not Guilty, or your charges are reduced or dismissed, the license suspension is terminated. Q: How accurate is the breath test? A: The Intoxilyzer 5000 is just a machine, affected by outside forces. The machine does not allow for individual variations and other factors such as mechanical failures. Other bodily chemicals, even foods such as white bread, may also influence the test results. Q: What happens to my car when I'm arrested? A: Always ask to leave your vehicle at it's present location and tell the officer you will release him and the police department from all liability resulting from the vehicle remaining at the location. Another driver may not always be allowed to drive your car home. Most likely it will be towed at your expense, usually at a cost of $50 to $200, not to mention the aggravation of reclaiming your automobile from the wrecker service Q: What is a nolo contendere plea? A: A "nolo" is a plea that allows you to dispose of your case without admitting guilt. As of July 1, 1997, the only benefit derived from this plea is that it cannot be used against you in a subsequent civil action. It no longer prevents license suspension. A DUI charge simply implies that a driver has consumed enough alcohol and/or drugs of any kind to make him or her a less safe driver. A minor traffic infraction, such as an improper lane change, disregarding a traffic signal, failure to yield, or driving too fast or too slowly -- combined with even a small amount of alcohol, or any drugs -- may become justification for a DUI charge of "less safe".