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Georgia DUI Arrest
Your Georgia DUI arrest probably began with an officer stopping you for some questionable driving, or possibly because you encountered a DUI roadblock (or "sobriety checkpoint") or were involved in an automobile accident. You were questioned briefly and then asked to get out of the car and perform some field sobriety tests. You may then have been asked to breath into a portable roadside breath test; this relatively primitive device will give a preliminary idea of your blood-alcohol concentration but is generally not admissible as evidence in court.
After the officer arrest you, he informed you that you must take a breath or blood test. This will take place at the police station where, if you choose breath testing, two breath samples will be obtained. You should understand that these tests are unreliable and often inaccurate, due largely to the variability of human physiology and defects in the equipment and/or procedures. If a blood test is to be given, this may be taken by a technician at the station with a pre-packaged kit or at a medical facility. You are required by Georgia's "implied consent" law to submit to a test; if you refuse, you will be facing additional penalties.
If a driver with a Georgia driver's license is arrested for drunk driving in Georgia and either has a .08% blood-alcohol test result or refuses to submit to testing, his license will be confiscated by the officer and immediately suspended. This suspension will appear in the records of the Georgia Department of Motor Vehicles. To preserve your right to drive in Georgia, you or our office must request an administrative hearing within 10 business days after your license has been taken from you by an officer. This is for all drivers under 21 who registered a .02 or more, all drivers over 21 who registered a .08 or more, and all drivers of a commercial vehicle who register .04 or more.
ALL DRIVERS REGARDLESS OF AGE WHO REFUSE THE STATE TEST. If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. If you lose at the hearing, you can not drive after the hearing. In some cases you may qualify for a work permit and may be able to reinstate the license within 30 days. Crucial defenses can be developed at the hearing.
