Free Georgia Drunk Driving Defense FAQs | Free Georgia Drunk Driving Defense Legal Documents

What Happens After A Dui Arrest In Georgia?

Tue, 29 May 2007 21:19:00 GMT

Motor Vehicle Hearing: To preserve your right to drive in Georgia, you must request an administrative hearing within 10 business days after your license has been taken from you by an officer. This is for all drivers under 21 who registered a .02 or more, all drivers over 21 who registered a .08 or more, and all drivers of a commercial vehicle who register .04 or more. ALL DRIVERS REGARDLESS OF AGE WHO REFUSE THE STATE TEST. If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. If you lose at the hearing, you cannot drive after the hearing. In some cases you may qualify for a work permit and may be able to reinstate the license within 30 days. Crucial defenses can be developed at the hearing. Arraignment: This is the date on your ticket, about 30 to 60 days after your arrest. In some cases you will not have to appear. However, many courts will require your presence at arraignment. If you have an attorney, he will advise you. ALL MOTIONS TO EXCLUDE EVIDENCE MUST BE FILED AT ARRAIGNMENT OR THEY ARE WAIVED. Arraignment is an important hearing and the attorney must be aware of all issues that are relevant in order to get harmful evidence against you excluded. Pretrial Conference/Plea Negotiations: Your attorney will discuss your case with the prosecutor and attempt to work out the best disposition possible. This is an on going process. Many cases do not get resolved until the eve of trial. Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. In some courts there will be a separate hearing date. In other courts, motions will be heard right before trial. Trial: In Georgia we have the right to a jury trial. This is held before six people who will determine innocence or guilt. In some cases, you may opt for a bench trial where a judge will decide innocence or guilt. Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, alcohol classes and fines.

Will I Go To Jail?

Tue, 29 May 2007 21:19:00 GMT

Yes, a DUI carries a maximum penalty of 12 months in jail and a minimum period of 24 hours in jail. DUI has become a very serious issue, and most judges can give jail time for even a first offense. Most judges will look at a lifetime record. Even though the law only has specific penalties for DUIs within a five year period, it is not uncommon for a Judge to look outside that window to determine a sentence. An experienced attorney may be able to keep you out.

I Had Two Alcohol Offenses When I Was Younger. What Will Happen To My License If I Have A Third Conviction?

Tue, 29 May 2007 21:19:00 GMT

If the offenses took place within the last five years, you will lose your license for five years. You may be eligible for a work permit after two years.

How Many Hours Of Alcohol Classes Will I Have To Take?

Tue, 29 May 2007 21:19:00 GMT

In order to get your license back on any DUI, there will be a twenty hour DUI school. In addition on a second or third offense within a five year period, you will be required to attend a seventeen week Department of Human Resource course.

What Will Happen If I Do Not Complete The Classes Or Public Service Ordered By The Court?

Tue, 29 May 2007 21:19:00 GMT

Your probation will be revoked and you will go to jail.

I Lost My Georgia License. May I Obtain A License In Another State?

Tue, 29 May 2007 21:19:00 GMT

In most cases, no.

If I Obtain An International Driver's License, May I Drive In Georgia, Even Though My Georgia License Is Revoked?

Mon, 04 Jun 2007 21:51:22 GMT

No.

Am I A Bad Person, Because I Was Arrested For Dui?

Mon, 04 Jun 2007 21:51:22 GMT

No, in Georgia it is not illegal to drink and drive. It is only illegal to drink and drive at the point in which you are 'less safe.' This is a pretty difficult standard for anybody to recognize.

What Are The Speed Limits In Georgia?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 70 mph
Ltd Access Rds 65 mph
Other Primary Rds 55 mph
Residential 30 mph

How Are The Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

What Is The Speed Trap Law?

Tue, 29 May 2007 21:19:00 GMT

Georgia has a speed trap law that applies to all police agencies except State Patrol. Some of the regulations regarding Speed Measuring Device (SMD) use include: (1) cannot issue tickets for less than 10 mph over posted speed limit, (2) cannot use SMD on downhill road with more than a 7% downgrade, (3) cannot use SMD closer than 500 feet inside a changed speed limit zone (4) police vehicle using SMD must be seen by all approaching vehicles at least 500 feet or more, and (5) any municipality using SMD must have warning signs on major road at city limits or county limits stating so.

When Must I Use My Windshield Wipers?

Tue, 29 May 2007 21:19:00 GMT

Georgia requires that you have your headlights on whenever you are using your windshield wipers.

How Can I Pay My Tickets?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding Yes
Parking No
Equipment Yes
DWI Yes

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $500 must be reported immediately to the local authorities or state patrol.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law with securitytype and future prooftype required after a claim. Minimum limits: $15,000/30,000/10,000.

What Are Some Other Regulations

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants in the vehicle are prohibited for the vehicle operator, but permitted for passengers.
Firearms are permitted in the vehicle, but are required to be cased, unloaded, and separated from ammunition (unless special permit[s] has been issued).
Studded tires are permitted.
Tire chains are not required.
Georgia has a seat belt law with primary enforcement for all front seat occupants.
Georgia has a mandatory child restraint law for passengers under 6 years of age. Children under age 3 must use approved car safety seats.
Georgia has a mandatory motorcycle helmet law.
Registration is not required to be carried in the vehicle. Insurance card must be carried in the vehicle.