Reader’s Question:

Hi, my sister was charged for DUI here in Sandy Springs, Georgia and I heard her and her friend talking about a 10-day rule. What does a 10-day rule mean in DUI cases?

Gina
Sandy Springs, GA

On your sister’s DUI arrest in Sandy Springs, Georgia, if she either refused to take a blood alcohol test or if she submitted to a breathalyzer (Intoxilyzer 5000) test and had a blood alcohol content (BAC) of 0.08 or more (age 21 or more), 0.04 or more (if operating a commercial vehicle), 0.02 or higher (if under age 21), the state would attempt to suspend her driver’s license or privilege to drive for one to five years. In most DUI cases, this state’s attempt in taking away the right to drive would occur prior to any trial and would automatically be entered against the defendant. Your sister has to file an “appeal” letter within 10 business days after the date of DUI her arrest.

Filing an appeal would permit a postponement and would possibly prevent any license suspension from occurring. At the very least, a “stay” of any proposed license suspension would occur until your sister has had a chance to have a hearing with a Judge from the Office of State Administrative Hearings.

Tags: blood alcohol content, breath test, driver’s license, DUI, DUI lawyer

Reader’s Question:

My cousin has a DUI charge in Albany, Georgia and I wonder how long the prosecution has to file the charges. What would be the statute of limitations in DUI case and is there also a limit for the prosecution to bring the case to trial?

Jasper
Albany, GA

If your cousin’s DUI charge in Albany, Georgia is a first-time DUI offense, this is considered a misdemeanor case. After your cousin’s DUI arrest, the prosecution has two years in which to file charges with the Clerk of Court. If a DUI charge or other charges are not filed with the Clerk of Court in a timely manner, your cousin could not be prosecuted. If the prosecution was able to file the DUI charge or other charges in a timely manner, there would be no limit on the time the prosecution has to bring the case to trial unless your cousin file a speedy trial demand in a timely manner.

Once your cousin properly filed a speedy trial demand, the prosecution should try the DUI case by the end of the term of court following the term during which your cousin filed the demand. Always remember that other nuances to speedy trial demand could exist. If this is gonna be a concern, a good DUI lawyer should be able to advise your cousin on what to do about it.

Tags: DUI, DUI lawyer, DUI trial

Reader’s Question:

My brother was arrested for DUI in Augusta-Richmond County, Georgia and I think they are negotiating the charge. Is it possible for him to plead no contest on his DUI charge?

Serena
Augusta-Richmond County, GA

In a criminal trial, a no contest plea means that the person accused of the charge is not admitting or disputing the charge or charges against him. This serves as an alternative to a guilty or not guilty plea. For all criminal cases that arise on or after July 1, 1997, a no contest or nolo contendere plea is of little or no use. In terms of DUI cases made on or after July 1, 1997, the main benefit of a no contest plea would be to limit use of the plea in a civil suit (like if an accident had occurred). Moreover, after July 1, 1997, no one under the age of 21 can use the “nolo” plea and any person whose case was made before July 1, 1997 and whose blood alcohol level was 0.15 or more is ineligible to use a “nolo” plea.

It is still possible for your brother to plead no contest on his DUI charge in Augusta-Richmond County, Georgia but take note that most judges would not accept a “nolo” plea for any case in which the driver refused to take a blood alcohol test. Also, the judge doesn’t have to accept a nolo plea, but if the judge accepts it, the defendant would have stiff fines, perform community service and serve some jail time just as if entering a guilty plea.

Tags: blood alcohol test, DUI, DUI lawyer

Reader’s Question:

I know that the first stage of my DUI case in Roswell, Georgia would be the license suspension hearing. How can I win this phase of my DUI case?

Edmond

Roswell, GA

It would be a big mistake if you would not contest the license suspension hearing on your DUI case in Roswell, Georgia so it’s a good thing that you find a way to win the first stage of your DUI case. You may have refused to take the chemical test or failed it that’s why you are facing this administrative hearing. You need to know that the license suspension hearing can still be won based on some technical defenses that your DUI lawyer can build.

There are several defenses that could be uses such as the sample was not taken within two hours, the results are under .12% and the retest is below .10%, you burped and the officer did not start the observation period over, you had something in your mouth, you were on an Adkins diet, you have diabetes, you have dentures, you work with solvents and an alcohol antiseptic was used when blood was drawn. If you don’t contest the license suspension hearing, they don’t get to question the police officer who arrested you and this may be the only time that the officer could be questioned soon after the arrest when his recollection of what happened is most accurate.

Tags: blood alcohol test, driver’s license, DUI, DUI lawyer

Reader’s Question:

I wanna know if police officers here in Savannah, Georgia also commit mistakes during a DWI arrest. What are some mistakes that police officers make that can be used as DWI defenses?

Calla

Savannah, GA

In a DWI arrest, police officers in Savannah, Georgia should have an articulable suspicion to stop a person suspected for DWI. A police officer could not stop a person just because he thinks that the person is suspicious. This means that the officer should have a probable cause to make the DWI stop. One other mistake that police officers make is to pull over a vehicle just because it stops in the middle of the street or it is driving too slowly. It would not be lawful for the officer to make a DWI stop unless there is a specific traffic violation.

Police officers are also not allowed to stop a vehicle based on a misperceived violation of a law. The police officers should be right about his interpretation of the law. Likewise, in stopping a vehicle at improper DWI roadblock is another mistake that police officers often make. There are certain guidelines that need to be followed to validate the stop at a DWI roadblock. Police officers also sometimes stop a vehicle just to check the driver’s license and registration. There must be an articulable suspicion of a crime or an actual traffic violation for them to stop a vehicle. All these and more mistakes are what police officers commit which could be used as defenses in a DWI case.

Tags: DWI, DWI arrest, DWI lawyer

Reader’s Question:

Is it really necessary for me to hire a DWI attorney when charged with DWI in Macon, Georgia?

Phil

Macon, Georgia

Georgia is one of the states which strongly ensure the safety of the streets by making the laws tougher. Though there will always be loopholes in the law, the unfortunate victims of drunk drivers are satisfied to realize that even if the DWI offender is not punished, the charges can create enough furor to make the life of the charged difficult.

Georgia DWI laws are quite complex and only an experienced lawyer will be able to help you out in this difficult situation so, yes, hiring a DWI lawyer is an absolute necessity. With proper representation, you can probably get your driving license back and you can also get a bail from the court. A DWI lawyer’s duty is to check the evidences that were collected by the law enforcement officer. Even if evidences turned out to be against you, you can reduce the punishment in a plea bargain. Needless to say, you should always opt to hire a lawyer when charged with DWI in Macon, Georgia so that you can reduce the suspension period of your license.

Tags: drunk driving laws, DWI advice, DWI lawyer

On your fee agreement, you should find details about the various little costs that are the ingredients of the big pot that is your total fee. A certain part of your fee is just a flat rate, be it hourly or for total, but some of it is made up of little variables, and though often very low priced, they are still important parts of the cost of Marietta GA DUI attorney hiring that you need to observe.

• Some charges are paid for by the attorney’s office and are for court.
  • If you have chosen to have a tria by jury, this tends to cost extra.
  • Simple charges just for running the court.
  • Filing.
• Some charges will refer to the labor used by your attorney.
  • If the attorney needs to have employees work more on your case.
  • If your case has complications causing the employees to have to work overtime.
  • If you have witnesses that need to be interviewed, making the lawyer hire someone to interview them.
• Insignificant costs.
  • Paper.
  • Faxing.
  • Postage stamps.

Choosing a Columbus Georgia DWI lawyer is difficult, especially if you have many talented lawyers to choose from, so it may be a tiring process. Even when it’s over, though, you can’t just lay back and rest. Although your attorney will be in charge of most things concerning your case from here on it, it’s still more of a partnership and you will have to contribute or your lawyer will be in the dark.

It’s important for both of you to be on the same page and for you yourself to not get discouraged or hold your expectations too high. You can do this by getting together for another consultation with you Columbus Georgia DWI attorney and drafting a list of goals you have for your case.

Here are some goals to think on:

• What do I want to get done here? Do I want a shorter sentence, a smaller fine? Do I want a driving permit? Do I want to be completely absolved of all guilt and responsibility?
• What do I need to do, and when?
• When will certain things be accomplished?
• When will we finish?

Now that you are searching for a DUI lawyer in Athens-Clarke County GA, the thing you have to do to separate the wheat from the chaff is start going to consultations. You should consult with at least five different lawyers, unless, of course, you’ve been around this block before and know just who to hire. Most of you haven’t, though, so bring to your consultation some questions and a notebook. When you get home, you can compare answers and notes and fee agreements, and figure out who is the best for you. Make sure you don’t leave out the following questions:

• What number of years would you say you have been defending DUI cases as a DUI lawyer in Athens-Clarke County GA?
• During those years, have you only occasionaly defended DUIs, or have they made up a large portion of your case load?
• How would you rate that as a percentage?
• And of those cases, what percent would you say you achieved your original goals on?
• What about my case–is it familiar to you? Have you had one like it before me?
• If you have, how did that case turn out?

You may not even consider hiring a lawyer in the few hours after you have been charged with driving while intoxicated, but in time it is something that you need to think of. Now, a DUI is not like any old speeding ticket, and it can stay on your record for years, which is why you need to consult with an attorney. So here’s why you need a DUI attorney in Warner Robins Georgia:

• There are many, varied DUI laws, which a DUI attorney in Warner Robins Georgia can explain to you.
• An attorney can tell you what kind of charges you face and what this may mean for you.
• An attorney can do the calls, the paperwork, and all of the tiny details of a case.
• An attorney can relate your case to thir experience and comprehend how best to take it before the judge.
• A lawyer can help you set realistic goals for your case.
• A lawyer can defend you with their experience and knowledge.