DUI Defense

Arrested for DUI?  What next?

 

The State of Georgia provides that individuals can be charged with driving under the influence (DUI), in violation of Georgia Code section 40-6-391, if they are driving or in actual physical control of any moving vehicle while:

  1. Under the influence of alcohol to the extent that it is less safe for the person to drive;
  2. Under the influence of any drug to the extent that it is less safe for the person to drive;
  3. Under the influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
  4. Under the combined influence of any two or more of the substances listed above to the extent that it is less safe for the person to drive;
  5. The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
  6. There is any amount of marijuana or a controlled substance present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.

Administrative License Suspension Hearing (10-day letter) – Pursuant to Georgia’s implied consent law, the officer who arrested you likely will submit a request to the state to have your license suspended for one year if you refuse to submit to the state administered test of your blood alcohol level.  You will have only ten (10) days from the date of your arrest to submit an appeal to the state to request a hearing in order to protect your license.  It is critical to get an attorney involved in your case right away to make sure the ten day appeal documents are submitted properly and the case negotiated to a favorable solution.

Punishment for DUI in the State of Georgia

Call the Hernan Law Firm now at (678) 275-4000 for a free consultation and, if you were arrested less than ten (10) days ago, preparation of the ten day letter without further cost or obligation.

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