Atlanta DUI Lawyer

Frequently Asked Questions

How can a lawyer help me, if I failed a breath test or blood test?
Even if you took a breathalyzer test and failed, or if you failed field sobriety tests, a skilled DUI defense lawyer can still work to defend your rights and contest these test results in court and at your DMV hearing. There are a number of ways a breath test or blood test may be improperly administered, and also a number of mistakes the person who administers the test may make. An experienced Atlanta DUI attorney will be able to evaluate your charges and determine how to best defend your case, even in the face of these failed tests.

What happens if I refuse a breath or blood test?
Refusing a breath test or blood test will result in the automatic suspension of your driver’s license, regardless of whether you were actually under the influence or had a blood alcohol level of .08% or higher. This is covered under Georgia’s Implied Consent Law. When a person gets his/her driver’s license, he/she is agreeing to submit to chemical testing to determine his/her blood alcohol concentration, on suspicion of DUI.

What is the 10 day rule?
In Georgia, after a person has been arrested for DUI (driving under the influence) he/she has only 10 days to schedule an ALS (administrative license suspicion) hearing with the Department of Drivers’ Services, regarding the suspension of his/her driver’s license. The failure to schedule this hearing within 10 days will result in the automatic suspension of his/her driver’s license, on the 31st day after the date of arrest. This suspension will occur regardless of whether the driver is actually convicted of DUI or not.

Do I need an attorney at my administrative license suspension hearing?
While having a defense attorney present at your ALS hearing is not mandatory, it is definitely beneficial. Your driving privileges are important, and trying to represent yourself at your hearing can be confusing and extremely difficult. An experienced Atlanta DUI attorney can schedule your ALS hearing and provide you with representation at the hearing in order to help you achieve a better outcome.

What is the legal limit for a driver under the age of 21?
A driver who is under the age of 21 may be arrested for DUI if his/her blood alcohol concentration is .02% or greater.

Can I get a restricted license after a DUI conviction?
In some cases, you can apply for and obtain a restricted driver’s license after a DUI conviction. This license will allow you to drive to and from work and school and to perform essential household duties. After a first Atlanta DUI conviction, you may apply for a restricted license after a certain amount of time has passed (usually 30 days). After a second conviction, you must wait 1 year to apply and must meet other qualifications. A lawyer can help you in applying for a restricted license.

What are some of the types of penalties I might face for a DUI conviction?
A DUI conviction may result in a number of various penalties: jail time, fines, court fees, driver’s license suspension, DUI Alcohol or Drug Use Risk Reduction Program, probation and more.

Is there mandatory jail time for a first DUI conviction?
Mandatory jail time of 24 hours is required for a first DUI conviction, where the driver’s blood alcohol level is at or above .08%. However, the judge may suspend or waive this jail time, depending upon the particular case and also the skill of the defendant’s DUI defense lawyer.

Contact Atlanta DUI attorney Judy Kim today!