DUI #NicolaW
Georgia DUI law is very complex. Once your case makes it to court, you’ll notice that the prosecution will rely heavily on the testimony of the arresting officer. If you were arrested for DUI because of a “less safe” violation this means that the prosecution will have to prove that you were incapable of driving safely as a result of alcohol and/or drugs in your system. However, alcohol and drugs are not the only reasons that your driving could have been affected on the day in question.
During your court case, the police may also testify that they noticed physical signs of alcohol and/or drug consumption. Typically, bloodshot eyes, pupil enlargement, and nervousness can be attributed to alcohol or drugs. Yet if you have allergies, were wearing contacts, or were simply stressed out about the police stopping your vehicle, these symptoms can also occur. If you were given a blood, breath or urine test, your attorney should review the facts surrounding such testing. Police, medical personnel, and the state crime lab must follow certain protocols when conducting their tests. If machines are not working properly, the person administering the test is not trained, or if your sample is tainted, this can affect your blood alcohol content test result. So before you throw in the towel and think of pleading guilty to your DUI charge, contact the McDonough GA DUI defense Attorney Nicola Cummings.
Why you need to act, before you head to court
We all know that a DUI arrest means going to criminal court where you’ll face a judge or jury and potentially lose your driver’s license. But did you know that before you have to appear in court, your driver’s license can already be taken away by the Department of Driver Services? Don’t let this “hidden law” take away your right to drive. Time is of the essence!
It is now the 30-day rule which means that you have thirty (30) actual days (starting with the day after your DUI arrest) to request an administrative hearing with the Office of Administrative Hearings. When you were arrested, the officer should have read and explained the Georgia Implied Consent Notice to you. This is a notice to warn drivers that refusing to take a chemical test can result in serious penalties. Whether you refused to take a chemical test or the result exceeded the per se limit, the officer should submit his or her report to the Department of Driver Services. Don’t let these 30 days pass without requesting your hearing! DUI defense attorney Nicola Cummings can help you through this civil proceeding.
What happens if I miss the 30-day mark for requesting a hearing? If you refused to take a chemical test and you didn’t request a hearing within 30 days, your driver’s license will be suspended for one year starting on the 46th days after your DUI arrest date. It is NOT possible for you to get any limited permit during an administrative suspension for refusing the state test. When you are administratively suspended due to a “per se” violation for the first time within five years, you are eligible for a 120-day ALS limited permit. Upon payment of the reinstatement fee and providing proof of completion of DUI School, you can reinstate your license after 120 days. The amount of time that your license was administratively suspended will be credited against any license suspension you receive later in criminal court if you are convicted of DUI.
