If you have just been arrested for DUI it is likely that your driver’s license is about to be administratively suspended – whether you refused the test or because your breath sample came back higher than .08. In either case, the officer has the right to submit a DDS-1205 form (which he or she should have provided to you at the time of your arrest) and have your license suspended for up to a year.
You have TEN DAYS from the date of your arrest to request an Administrative License Suspension hearing. This will NOT happen automatically. Don’t let one bad decision lead to a financial collapse.
Have you already been arrested for DUI in Georgia?
If you’ve been arrested for DUI, it doesn’t make you a bad person. It just means you made a bad decision, and there isn’t a one of us that hasn’t made a bad decision at some point in time.
A DUI is not going to end your career or your life. It’s now getting harder to find potential employees that haven’t been arrested for DUI at some point than it is to find those who have; so, many employers will forgive one DUI.
Here in Georgia the vast majority of DUIs are misdemeanors, rather than felonies
That aside, a DUI case is one of the most complex pieces of litigation in the entire criminal system. There are so many different points of attack in a DUI.
Do we KNOW DUI? This isn’t even half of the things that we look at with every case:
- Did anyone see you actually driving?
- Was the stop good?
- How did you look on the video, if there even was one? How did you sound?
- Were there Standardized Field Sobriety Tests performed? Were they done RIGHT?
- How well-trained was the officer?
- Did the officer medically pre-qualify you before doing any tests?
- Did the officer do the correct number of passes for Horizontal Gaze Nystagmus, at the right speeds for each pass?
- Did the officer give you the correct instructions for Walk and Turn and demonstrate it correctly?
- Did the officer give you the correct instructions for the One Leg Stand test?
- What was the ground like under your feet when you did those tests?
- Were you wearing shoes? If so, what kind?
- At what point did the officer actually place you into legal custody?
- Did the officer read you the statutorily required Implied Consent warning and then ask you if you will submit to a test of your blood, breath, urine or other bodily substance? Did they read it to you in a timely fashion or was there a delay of any kind after you were arrested?
- How did you respond?
- If you initially said no, did the officer give you another shot to change your mind at the jail? They don’t have to, but many will.
- If you said no, did the officer obtain a warrant and force you to provide a sample of blood, breath or urine to be used against you?
- If you said yes to blood or they collected it by force, was the right type of swab used by the right type of person qualified to draw blood? Was the sample sealed and stored correctly?
- If you said yes to breath, how much time passed between your arrest and when you gave a breath sample? Was the officer paying attention to you during that time?
- Did you ask for an independent test of your choosing? After submitting to the State’s test, you have the right to an independent test of your own choosing – to be arranged by you and paid for by you. If you said you wanted a test and the officer didn’t do anything to accommodate that request, any tests performed as part of Implied Consent are inadmissible against you at trial.
- If you provided a breath sample, what happened to that testing machine in the months before and after your arrest? Was it removed from service for any reason?