WHAT ARE THE LEGAL LIMITS OF ALCOHOL IN GEORGIA?
- An alcohol content reading within three hours of driving of
.08 is "per se" DUI, if you are over the age of 21. There is 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. An alcohol content of .08 raises the presumption
of the driver's intoxication. If you are under the age of 21,
the legal limit within three hours of driving is .02.
- If you are driving a commercial vehicle, the legal limit is
.04.
WHAT IF I HAVE A COMMERCIAL DRIVER'S LICENSE? (A CDL)
- If you were driving a commercial vehicle and tested .04 or higher,
you are facing the 10 DAY RULE
- If you have a CDL, but not driving a commercial vehicle at the
time of your arrest, your CDL is immediately suspended - AT THE
TIME OF YOUR ARREST. You may continue to drive your personal vehicle,
but you must contact a Georgia driving under the influence lawyer at Conaway & Strickler, PC to find out how -
it is NOT automatic.
WHAT IS THE 10 DAY RULE?
- 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. You must request
this hearing in order to contest the suspension of your Georgia driver's license. This is SEPARATE from the court date you may have received
on your citation. This is confusing and it is meant to be - don't
lose your license - call Conaway & Strickler, PC right now to
save your driver's license from being suspended! The first thing
you need to do is look at your citations and whatever else you
received at the time of your arrest. Did you receive an 8 1/2
by 11 inch size paper from the Georgia Department of Motor Vehicle
Safety?
- If you are unaware that you received this form, call Conaway
& Strickler, PC NOW! This could mean the difference between a
full year suspension of your driver's license and simply having
a work permit for 30 days, and NO suspension!
WHAT ARE THE PENALTIES FOR DUI IN GEORGIA?
- The criminal penalties for a DUI conviction are severe. A DUI conviction also means higher insurance rates, difficulty renting
automobiles and having to say to all current and future job prospects,
if asked, that you have a DUI conviction.
- Avoid all of this by calling Conaway & Strickler, PC NOW!
WHAT SHOULD I DO AFTER BEING PULLED OVER?
- First and foremost, the most critical thing that you can do
is to be COURTEOUS to the officer. Getting nasty with the officer
will only get you to jail more quickly. You do not have the right
to an attorney at the time of being pulled over. You DO have the
right to refuse all field sobriety tests - the standing on one
foot, the watching the pen (HGN test), the touching of your nose,
the walk and turn, reciting the alphabet by starting at d and
ending with u.
- You DO have the right to refuse the breathalyzer, blood, or
urine tests. Remember however, if you do this, you face a one-year
suspension of your driver's license. It may be in your best interest
to request an INDEPENDENT blood or urine test (at your expense)
which the officer must comply with.
WHAT IF I AM UNDER 21?
- A blood alcohol level of just .02 within three hours of driving
is sufficient for a DUI conviction. Your license is REVOKED and
it is therefore necessary to go through the ENTIRE process of
obtaining a license again. If your blood alcohol level is less
than .08, then your revocation is for 6 months.
- If your blood alcohol level is greater than .08, then your revocation
will be for one year.
WHAT OTHER HELPFUL HINTS CAN CONAWAY & STRICKLER, P.C. OFFER?
- You are probably on VIDEO. Watch what you say.
- You do not need to respond to the officer's questions about
whether you had anything to drink that night, where you were coming
from, etc. You can say, "I need to talk to my attorney before
I answer any more questions." Be respectful. An unhappy officer
is not something you want.
The firm of Conaway & Strickler, PC has handled over a thousand
DUI cases. We are Atlanta Georgia DUI defense attorneys dedicated to preserving your rights and getting your case dismissed. We have
payment plans and accept all major credit cards. Call us now to
avoid your license suspension, excess fines and jail time.
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