FREQUENTLY ASKED QUESTIONS ABOUT DUI CASES

Q: What will happen on my first court date on my DUI case and do I have to be there if I have a Lawyer?
A: The first Court date is called an arraignment. On this day a plea will be entered to the charges (guilty or not guilty). Usually, a list of charges are obtained. The defendant in DUI misdemeanor cases will usually not have to be present if represented by an lawyer.
Q. The police did not read me my rights, will my DUI case be dismissed?
A. The police are required to read you your "Miranda rights" only if two criteria are met. You must be in custody (usually "arrested"), and you must be interrogated (questioned about the details of the DUI). A Miranda warning violation does not automatically result in the dismissal of a case. The statements that you made after the violation would be suppressed and not admissible as evidence if a lawyer is not provided.
Q. The police said I blew a .07%. Why was I still arrested and charged with a DUI?
A. An arrest for DUI can be made at any blood alcohol level. Some counties and cities in Georgia routinely prosecute people with blood alcohol levels below a .08% Blood Alcohol Concentration (BAC). Often the decision to arrest is dependent upon the performance on the field sobriety tests (balance & coordination) and the driving pattern (weaving, speeding or an accident, etc.). An officer can arrest for simply being under the influence of alcohol or drugs with no reference to your blood alcohol level at all! The Prosecutor would then file a charge of "less safe", which is simply driving under the influence of alcohol. Again, this would likely be based on the police observations of your driving pattern and performance on the field sobriety tests. There is no difference regarding the penalties with or without test results.
Q: If I have a good case, should I wait to contact the DMV about a hearing?
A: NO !!! The criminal case and DMV suspension of your license in DUI cases are completely separate actions. You must request a hearing within ten days of arrest to avoid the automatic suspension of your driver's license by the DMV. Our lawyers can handle this for you for FREE. Yes, that’s TRUE ! We will write your 10 DAY LETTER for FREE... No strings attached. We won't charge you $100-$500 as many lawyers do. It's absolutely FREE !
Q. What is a DMV administrative hearing?
A. In most circumstances where DMV orders an action against a person's driving privilege, that person has the right to a hearing before the department to contest the action and review the evidence supporting it. You must request a hearing within a set period of time of receiving notice of the action against the driving privilege. The hearing is tape recorded. The hearing is held before a Hearing Officer. At the hearing, the driver is informed of the legal grounds for the action, and has the opportunity to review and challenge the evidence of the department, and to present evidence, witnesses and testimony to persuade the department to modify or rescind the action. Following the hearing, the Hearing Officer will make a decision to uphold (sustain), modify, or rescind (set aside) the DMV action. A Lawyer is essential.
Q. What are my legal rights at a DMV administrative hearing?
A. You have the right to be represented by a lawyer. We have helped our clients keep their driver license. You have the right to review the evidence and to cross examine the testimony of any witnesses for the department, and to present evidence and witnesses on your own behalf, as well as the right to testify on your own behalf. Following the hearing, you have the right to be provided a decision in writing. Should the decision resulting from the hearing be against you, you have the right to request the department to conduct an administrative review of the decision, as well as the right to appeal the decision to superior court. Requests for the administrative review or to appeal the decision in court must be made within a certain time period.
Q: Why am I being charged with DUI if I did not drink, I only smoked a little marijuana?
A: Georgia DUI law includes drugs as well as alcohol. Suspicion of driving while under the influence of drugs, including marijuana may be proper grounds for a charge of DUI. The law does not distinguish between prescription medication and illegal street narcotics. Under the influence of drugs will cause impairment… no matter how they were obtained.
Q: How can they charge me with DUI if they pulled me over for speeding?
A: The speeding offense provided the probable cause (valid reason) for the stop. If the police officer suspects you of driving under the influence after you are stopped (based on admissions, smell of alcohol or drugs etc.) you can be arrested for DUI. There is no requirement that police suspect you of driving under the influence prior to the stop in order to arrest you for DUI.
Q: Why is there no speeding charge on my ticket, only DUI?
A: The lesser speeding charge (infraction) is usually not charged because of the more serious DUI charge (misdemeanor). The speeding will be reflected in the police report, not on the ticket.
Q: The police spelled my name wrong on the citation, will my charges be dismissed?
A: No, a harmless error of this type on a traffic citation will not result in a dismissal of the charges.
Q: I did not give police permission to search my vehicle. Is this a violation of my rights and an illegal search?
A: In most cases no. Police need probable cause to suspect that the vehicle contains contraband or instrumentalities of a crime. There is a lesser expectation of privacy in vehicles and searches incident to an arrest are also allowed. Officers can search the entire passenger cabin, and in some cases may even open any containers and packages if there is probable cause that it may contain contraband. Proper probable cause is always a key issue for your lawyer to explore.
Q: If the officer does not show up at my initial court date will my DUI be dismissed?
A: No, a DUI is a misdemeanor criminal offense… not a traffic infraction. The initial court date is an arraignment and the police officer will not be present. In fact the police officer may never be present during the court proceedings until the date of trial if any.
Q: Is it true that you should refuse the chemical test?
A: No, absolutely not. You should never refuse to take a chemical test in Georgia. A refusal to take a blood or breath test will result in the automatic 1-year suspension of your driver's license. And if convicted a refusal can result in increased penalties including jail time. Also, the refusal can be introduced into evidence as "consciousness of guilt" of having too much alcohol in your system. This can be refuted by your defense attorney. The police must offer you an independent test of your choosing and at you own expense after you after taken the state administered test. Often, the test results are different, which will aid you in your defense
Q: I heard that my previous DUI is wiped off my record after 5 years… Is this true?
A: No, a DUI conviction is never “wiped off” your record unless your are found not guilty, the state dismisses the charges or you later have a conviction expunged from your record.
Q: Will they use my prior DUI convictions against me?
A: Generally, yes. If the DUI is substantially similar to the current charge then a prior DUI can be used against you in Gerogia thereby increasing the penalties (jail time, greater fines and longer alcohol programs, etc.).
Q: Shouldn't I just plead guilty if my test results were over .08% BAC?
A: There could have been an error during the testing process that can only be uncovered during the discovery process. If you simply plead guilty based on the original test results you may be giving up your opportunity for a dismissal or reduction of the charges against you. Alcohol testing is not always accurate. Procedural errors, faulty machinery, improper testing methods are always a possibility in a DUI case. Your lawyer should explore all of your options and opportunities.
Q: How can I win a DMV hearing if my test results were over .08%BAC?
A: The DMV hearing is very concerned about whether all procedures by law enforcement were properly performed before suspending a person's driver's license. Testing is not always accurate, procedural errors, faulty machinery, improper testing methods are always a possibility in a DUI case. All of these could result in a set aside of your suspension. The DMV hearing is crucial in DUI cases. We are very successful in having our client's driver's license suspension set-aside and licenses returned to our clients.

Copyright ©2006 Harvey T. Siegel, Attorney at Law  - Harvey T. Siegel & Associates, Attorneys at Law  Criminal Defense Lawyer, Drunk Driving Attorney, DUI Defense Lawyer, Drug Lawyer, Juvenile DUI Lawyer, DUI Criminal Law, DUI / Criminal Attorney serving the State og Georgia communities, cities and counties of: Abba, Abbeville Acworth Adairsville Adel Adrian Ailey Alamo Alapaha Albany Allenhurst Alma Alma Alpharetta Alston Amboy Ambrose Americus Appling Arlington Ashburn Athens Athens-Clarke County Atkinson Atlanta Attapulgus Auburn Augusta Augusta-Richmond County Austell Avondale Estates Axson Baconton Baden Bainbridge Bainbridge Baldwin Bannockburn Barnesville Barney Barretts Barwick Baxley Bemiss Berkeley Lake Berlin Blackshear Blairsville Blakely Bloomingdale Blue Ridge Bogart Boston Bowdon Bowens Mill Bowman Braselton Bremen Brinson Bristol Bronwood Brookfield Brooklet Brooks Broxton Brunswick Buchanan Buena Vista Buford Bushnell Byromville Byron Cairo Camilla Canton Carnesville Carrollton Cartersville Cave Spring Cecil Cedartown Centerville 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