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Under Georgia’s implied consent law, if you’re arrested for DUI and refuse to provide a breath or blood sample, your driver’s license will likely be suspended. However, there may be defenses to a refusal in court, such as issues with how the officer explained your rights or conducted the arrest. It’s important to discuss these defenses early on with an attorney to explore your options and determine the best approach for your case.
Yes, hiring an attorney is recommended even if you intend to plead guilty. A skilled DUI attorney can review your case to ensure that your rights were not violated during the arrest and may be able to negotiate a more favorable outcome. They’ll also explain the full impact of a guilty plea, including consequences for your driving privileges, insurance rates, and criminal record. Having an attorney helps you make informed decisions, protecting your rights and future.
In Georgia, a DUI charge doesn’t result in an immediate license suspension. You typically have a 30-day window from the date of your arrest to contest the suspension by requesting an administrative license suspension (ALS) hearing or opting for an ignition interlock device. If no action is taken within those 30 days, your license could be suspended.
Your driver’s license isn’t automatically suspended right after a DUI arrest. However, you must act within 30 days to avoid losing your driving privileges. An attorney can review your case and help identify the steps needed to protect your license.
Most first-time DUI offenders in Georgia may qualify for a restricted driver’s license, also called a work permit, which allows driving for specific purposes, such as work, school, or medical appointments. Eligibility depends on meeting certain requirements, including completing a DUI Alcohol or Drug Use Risk Reduction Program.
Mark Phillips, a seasoned attorney at Phillips & Nemajovsky, P.C. in Georgia, has extensive experience defending clients facing DUI charges. Over the years, he has successfully helped many clear the hurdles of Georgia's DUI laws, including license suspension and refusal defenses. With a deep understanding of DUI cases, Mark knows how to identify key legal options to protect your rights and minimize the impact on your life.
If you’re facing DUI charges, contact Mark Phillips today to ensure you have a strong defense on your side.
No, the administrative license hearing is separate from the criminal DUI case in Georgia. The license hearing only addresses whether your driving privileges will be suspended, while the criminal case deals with the DUI charges. Losing the license hearing does not mean you will be convicted in the criminal case.
Certain circumstances can elevate DUI charges in Georgia, potentially leading to harsher penalties. These include:
These aggravating factors may result in increased fines, longer license suspensions, or even jail time.
A DUI conviction in Georgia doesn’t automatically lead to jail time, but it depends on the specifics of the case. Jail time may be avoidable if the charge is reduced to reckless driving. For a guilty DUI plea, however, jail time is typically required, with minimum sentences based on prior offenses. For first-time DUI convictions, the minimum jail time is usually 24 hours, with penalties increasing for repeat offenses.
For more information on DUI Charges and your legal options, your next best step is a consultation. Call (229) 808-8180 today to get the answers and support you need.
Mark Phillips, a seasoned attorney at Phillips & Nemajovsky, P.C. in Georgia, has extensive experience defending clients facing DUI charges. Over the years, he has successfully helped many clear the hurdles of Georgia's DUI laws, including license suspension and refusal defenses. With a deep understanding of DUI cases, Mark knows how to identify key legal options to protect your rights and minimize the impact on your life.
If you’re facing DUI charges, contact Mark Phillips today to ensure you have a strong defense on your side.
