Webb & D'Orazio Law Firm
2551 Roswell Road Suite 201
Marietta GA 30062
Fax: +1 770-952-7001
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Top Marietta DUI Lawyers
In most cases the arresting officer will take your license and send it to the Department of Drivers Services with a DDS FORM 1205. The Form 1205 will cause your license to be suspended unless you request a hearing within 10 business days of your arrest. If the hearing request is made in a timely manner, in proper form, and the required $150 filing fee is paid, an ALS (Administrative License Suspension) hearing will be scheduled to determine if the officer was correct in requesting that your license be suspended. ALS hearings are usually at 8:30 a.m. and YOU AND/OR YOUR ATTORNEY MUST APPEAR. If you don’t appear your license is suspended. Sometimes the officer does not appear and you can get a free pass but you or your attorney must be present to win. If the officer appears there are several possible outcomes, however, you will need an attorney to help you negotiate a deal or to conduct the hearing and save you license. Approximately 7 days after your hearing you can obtain a copy of the decision from the Georgia Office of State Administrative Hearings by clicking here. You will need to enter your docket number that appears on your hearing notice and your zip code.
A conviction in which there has not been a previous DUI conviction within 10 years will result in a 12 month suspension of your license. However, you are entitled to obtain from the court a certificate of first conviction that you can take to a DDS office and get a limited permit to drive to and from work or school. Then you can get your license back in full after 120 days if you have attended the State risk reduction DUI school. So the reality is you can continue to drive on a first offense.
Things get drastically worse if you are convicted of DUI twice within 10 years. First, your license is suspended indefinitely. After 12 months you can get a limited driving permit upon proof that you have installed an ignition interlock device on your car which requires you to blow into the device to test for the presence of alcohol before your car will start. Then after using the ignition interlock device for 6 months you can apply for the restoration of your license. So effectively you can get your license back after 18 months if you successfully comply with interlock device prerequisite.
If you are convicted 3 times within five years of DUI you will be declared an habitual violator and your license will be revoked for 5 years. You may apply for a probationary license after your license has been surrendered for 2 years and you must attach an ignition interlock device on your vehicle.
If you refuse to take the offered State administered chemical test of your blood, breath, urine or other bodily substance at the time of arrest your license will be suspended for 12 months. This is a hard suspension as there are no limited permits available during the 12 month period. See To Blow or Not to Blow for more information.
Persons charge with DUI who are under 21 years of age face stiffer suspensions. A first conviction will result in either a 6 month or a 12 month suspension of your license with no limited permit as is available to persons over 21. Whether it ends up as a 6 or 12 month suspension depends on whether the conviction is a “per se” or a “less safe” violation. Per se means that you are convicted of having over .02 gms percent of alcohol in your blood when you were driving. Less safe means that you are convicted of being a less safe driver because of your alcohol consumption without any reference to the blood alcohol level.
Have a question? Get in touch with our Marietta DUI lawyer Robert F. Webb right away. Set up a free consultation at 770-952-7000.
Your arresting officer may have already submitted your license to the department of driver services for suspension. In most cases, You only have 10 days to save it. Our DUI attorneys are ready to help if you call us now.
Call us Right Away at (770) 952-7000
When you find yourself in a legal matter, there is little time to spare. Your future depends on acting fast and having the best legal representation is in your best interest. Our attorneys are ready to answer your questions and offer the best legal representation. We offer Free consultations.
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