Because you have limited time to contest your suspended license and the seriousness of DUI charges in Georgia, you should call a DUI attorney in Marietta as soon as you receive notice of your criminal charge.
A former prosecutor and lifelong advocate for justice, Kim Frye has years of experience defending Marietta residents against DUI charges. If you or someone you know has been charged with a DUI, contact our law office at Frye Law Group today to begin your defense.
Are you facing a DUI charge in Cobb County, Georgia? Call Frye Law Group today at (470) 256-0897 or contact us online to schedule a meeting with our Marietta DUI attorney!
WHAT IS A DUI?
DUI stands for “driving under the influence,” and that influence includes alcohol, drugs, or any other unknown substance. It’s important to remember that even marijuana is included on this list of DUI substances. You can get a DUI conviction even if you have a prescription but are impaired because of it.
If you get pulled over while driving under the influence in Marietta, Georgia, and an officer asks you to take a breathalyzer test, say, “no, thank you.” If you are asked to do roadside field tests, you can also say no without impacting your license.
Georgia is an implied consent state, which means you are consenting to a state test by getting a license. You can still refuse the state test. We suggest you do so. It may still result in arrest or even a search warrant for your blood. Implied consent in Georgia has been challenged strongly in the last few years. As a Georgia case goes up to the US Supreme Court, you can only protect your rights by saying “no.”
The blood alcohol levels that can lead to a DUI are like those in most states in the US:
- If you are over the age of 21, driving a passenger vehicle: 0.08 or higher
- If you are driving a commercial vehicle: 0.04 or higher
- If you are under 21: 0.02 or higher
Getting convicted of a DUI in Marietta or throughout Cobb County, Georgia, is a serious issue. It could affect how much you pay for car insurance, and that conviction will stay on your criminal record forever. It’s also important to note that this includes first-time offenders – Georgia does not have an exception for DUI first offenders. That means that, if convicted, even your first-time DUI can’t be expunged (cleared from your record).
WHAT IS THE 30 DAY LETTER FOR DUI IN GEORGIA?
Anyone arrested in Cobb County, Georgia, for a DUI has to appear in two separate courts. First, you’ll appear in criminal court (the State of Georgia v. you). But after that, you’ll also have to appear in a civil court to determine whether your driver’s license will be suspended – also known as an administrative license suspension hearing.
When you are arrested, the police officer will fill out a form called DDS (Georgia Department of Driver’s Services) Form 1205. When DDS views your form, they’ll send you what’s commonly known as the 30-Day Letter. That’s because you only have 30 days to request a hearing after you receive the Letter. Your license will automatically be suspended if you don’t ask for a hearing.