Criminal Defense Lawyer of Atlanta GA

It’s important to understand what happens when you are charged with a DUI. There are many consequences for driving under the influence in Georgia, and we understand you may have certain questions. It’s important to be prepared before your DUI trial. Hiring the right DUI defense lawyer can drop or lower all of your charges. If your questions are not listed below, feel free to call The Burnett Firm at 404-630-8599. We can offer advice, answer any questions you may have, and offer free DUI case consultations.

Frequently Asked Questions About DUI’s

THE FOLLOWING ARE RESPONSES TO QUESTIONS WE OFTEN GET FROM CLIENTS

What happens to my driving record if I plead or am found guilty of a DUI?
Is there an advantage to a nolo plea?
Will the court know about an out-of-state DUI?
Can I lose my license if I live in another state?
How do I get my license back and/or drive while my case is pending?
What if I wasn’t read my Miranda Rights?
Can I get a permit if I am convicted or plead guilty?
If my out-of-state license is suspended at the time of my arrest can I get a Georgia driver’s license?
What is a habitual violator?
How long will I lose my license?
What is the “10 day” letter?


What happens to my driving record if I plead or am found guilty of a DUI?

In Georgia, a DUI stays on your record for life. Following a conviction, your car insurance company will usually increase your insurance premiums, refuse to renew your policy, or cancel your insurance.


Is there an advantage to a nolo plea?

A nolo plea is neither an admission of guilt nor an insistence of innocence. It means you do not contest a charge. The benefit of a nolo plea is to avoid an admission of liability in a civil suit stemming from an accident arising out of a DUI arrest.

In all other respects a nolo plea has the same effect on your driving history as a guilty plea or verdict, and it counts as a DUI conviction.


Will the court know about an out-of-state DUI?

The prosecution may not know about convictions from other states. They usually follow up on anything that comes up when they search your arrest record.


Can I lose my license if I live in another state?

Georgia can only suspend your privilege to drive in Georgia. Georgia will notify your home state of that suspension. You can expect to be contacted by the state that issued your license and to be required to take steps to remain licensed similar to those that would that would be required if you the DUI had occurred in that state


How do I get my license back and/or drive while my case is pending?

The officer often takes the license of a person arrested for DUI. You can drive on your tickets, on your 30 day permit hearing/notice, and/or obtain a Georgia ID card. Other options may be available to you.


What if I wasn’t read my Miranda Rights?

Statements you make prior to arrest may be used against you. Anything you say if you are questioned after you are arrested, but before you are advised of your Miranda Rights (“anything you say may be used against you”), cannot be used at trial.

Because DUI prosecutions rely primarily on other forms of evidence: driving, appearance and behavior, field sobriety tests, and alcohol test results, the prosecution need not use statements that can and will be suppressed because of Miranda rights issues.


Can I get a permit if I am convicted or plead guilty?

A limited driving permit for use in Georgia is available to Georgia licensees who plead or are convicted of a first DUI. The permit lasts for 120 days, after which your license can be reinstated.


If my out-of-state license is suspended at the time of my arrest can I get a Georgia driver’s license?

If you now reside in Georgia but have an out-of-state license that is suspended or revoked, you must get a clearance letter from the state that issued your license before you can obtain a Georgia license. In addition, if you were issued a DDS 1205, necessitating a hearing request and subsequent hearing, you will have to wait until after the hearing to obtain a Georgia license.


What is a habitual violator?

Convictions or pleas to three serious driving offenses within a five year period (including DUI, Hit and Run, and Attempt to Elude) put one into Habitual Violator status. A habitual violator’s license is suspended for five years. A limited permit is available after two years with an ignition interlock driving permit for the first six months and a probationary license for the last two and a half years.

While a Habitual Violator, driving without a permit or probationary license is a felony that can result in up to five years in prison.


How long will I lose my license?

Following a plea or conviction of a first DUI in 5 years, your license will be suspended for 120 days. If you have a license and you do not turn in at the time of your plea you will not receive credit for not having driven and will have go without a license for another 120 day period of suspension.

Be sure to let your attorney know if you have obtained a duplicate license or have lost your physical license since you were arrested.


What is the “10 day” letter?

The 10 day letter, DDS 1205, is both a 30 day permit and the notice of your rights and obligations under Georgia’s implied consent law.

If you received DDS 1205, a license suspension begins automatically 30 days after you were arrested unless you request a hearing within 10 business days of the date of your arrest.

The hearing written request prevents any suspension from going into effect until a hearing is held in a civil court.

If you refused to submit to a test, the state can suspend your privilege to drive for one year.

If you tested 0.08 or higher (.04 if operating a commercial vehicle, or .02 if under age 21), your license can be suspended for 30 days.