theduilawyer.com

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If you fail to request the hearing within 30 business days of your arrest, your license will automatically be suspended. You should take note that if you do take a blood, breath or urine test and you score a .10 or higher , you must also request a hearing within 30 days of your arrest"}},{"@type":"Question","name":"Will My Case Get Dismissed If The Officer Doesn’t Give Me A Miranda Warning?","acceptedAnswer":{"@type":"Answer","text":"Georgia law does not require the police to give a Miranda warning to a DUI suspect during the officer’s initial investigation of the crime. Miranda warnings are only required if the officer interrogates a suspect after the arrest. Put simply, any incriminating statements that you make to police in response to questioning after you’re placed in custody and without the benefit of a Miranda warning are not admissible in court. As a general rule, it is not a good idea to say anything incriminating to the police before, during or after your arrest."}},{"@type":"Question","name":" What Are The Consequences If I Cooperate And Enter A Plea Of Guilty In Court?","acceptedAnswer":{"@type":"Answer","text":"The new DUI laws in Georgia require jail time for a first DUI offense. This jail time is mandatory, and therefore the judge has no choice but to include it in your sentence if you plead guilty. This strict law is causing many Georgia citizens to take an aggressive stance in court. Another downside to cooperating and pleading guilty is that your license will be suspended for one year. Other consequences include high insurance rates, a criminal record, and compromising future job prospects. Because of the new harsh law in Georgia, it is very important to speak to an experienced DUI lawyer before you decide what to do in court."}},{"@type":"Question","name":"Should I Take A Blood, Breath Or Urine Test Down At The Station? What Will Happen If I Refuse?","acceptedAnswer":{"@type":"Answer","text":" Many lawyers agree that the above tests are not completely accurate and therefore should not be taken. However, if you agree to take one of these chemical tests for the police, remember that you are then entitled to your own independent tests. This means that the police are required to transport you to a medical facility of your own choosing for the purpose of obtaining an independent test. Keep in mind, however, if you refuse a chemical test after being arrested, you risk losing your driver’s license for one year. If you refuse to take the test that the police offer, you only have 10 days to request a special hearing to fight the one-year suspension. Therefore, calling a DUI lawyer immediately after your arrest is important!"}},{"@type":"Question","name":" What Should I Do If The Police Ask Me To Take Field Sobriety Tests?","acceptedAnswer":{"@type":"Answer","text":"Understand that the police want you to help them make their case against you stronger. By performing field tests, you are simply helping the police manufacture evidence against you. Be aware that they fully intend on using this evidence against you in court. Therefore, taking an eye test, balancing test, or any other evaluation on the street is usually not a good idea. Most experts agree that police officers are not well trained enough to accurately interpret the symptoms observed while administering these street evaluations. This doesn’t mean that you need to be rude or nasty to an officer if he asks you to do a field sobriety test. Instead, it's a good idea to respectfully decline all tests on the roadside."}},{"@type":"Question","name":"Do Citizens Have A Right To An Attorney When They Are Stopped For A DUI Investigation?","acceptedAnswer":{"@type":"Answer","text":"The law in Georgia provides that persons stopped for DUI initially do not have the right to an attorney. In fact, you don’t have a right to speak to a lawyer until after the initial investigation on the street is complete and you have been taken to jail. Most citizens do not understand that after their arrest, they are not entitled to speak to a lawyer when confronted with the decision of taking or refusing a blood, breath, or urine test. Keep in mind, however, that it may still be a good idea to request a lawyer when you are first stopped by the police. This is because some police officers will let you call a lawyer prior to having the right to do so."}},{"@type":"Question","name":"What Signs Of Insobriety Do Police Look For After Stopping A Citizen On The Roadside?","acceptedAnswer":{"@type":"Answer","text":"The most common symptoms of impairment taught at police training classes are:\nFlushed face\nRed, watery, glassy or bloodshot eyes\nOdor of alcohol on breath\nSlurred Speech\nFumbling with wallet while trying to get license\nFailure to comprehend officer’s questions\nUnsteady of feet while exiting vehicle\nSwaying while standing\nLeaning on car for support\nBeing combative, argumentative or jovial while talking with officer\nDisheveled clothing\nLack of awareness in regards to time and place\nUnable to follow police instructions."}},{"@type":"Question","name":"If I’m Stopped By The Police, Should I Answer Any Questions Regarding Drinking?","acceptedAnswer":{"@type":"Answer","text":" Citizens are not required to answer questions that are designed to be incriminating. In a police encounter, a simple request to speak to your attorney before answering questions would be an appropriate response. However, informing the officer that you had one or two beers should not be harmful since it usually would not cause a person to be impaired. This response may explain away the odor of alcohol on a driver’s breath."}},{"@type":"Question","name":"What Do Police Officers Look For When Trying To Find Drunk Drivers On The Roadway?","acceptedAnswer":{"@type":"Answer","text":" The following list of clues indicate what police look for when trying to establish whether the driver being observed is impaired. The higher the clue is on the list, the higher the probability of impairment. The list is based on research by the National Highway Traffic Administration:\nTurning with a wide radius\nStraddling center of lane marker\n\"Appearing to be drunk\"\nAlmost striking object or vehicle\nWeaving\nDriving on other than designated highway\nSwerving\nSpeed more than 10 mph below limit\nStopping without reason in traffic lane\nFollowing too closely\nDrifting\nTires on center or lane marker\nBraking erratically\nDriving into opposing or crossing traffic\nSignaling inconsistent with driving actions\nSlow response to traffic signals\nStopping inappropriately\nTurning abruptly or illegally\nAccelerating or decelerating rapidly\nDriving with headlights off\nSurprisingly, speeding is not a clue of insobriety. This is because studies show that a person who speeds often exhibits signs of heightened awareness in the form of quicker judgment and reflexes."}}]}