"Yes!" Moreover, with the new Georgia DUI law, (as amended July 1st, 2017) you have more options than under the prior law.
One of the problems we Georgia DUI Attorneys have always had is trying to defend people who have refused to take a breath or blood test.
In cases where a person takes a test, we can challenge the admissibility of the test in many ways. We can also call into question the accuracy of the breath testing device.
Most importantly, when appealing a person's license suspension, drivers who have submitted to testing were able to get a permit to drive, regardless of the outcome of the case. (assuming a first DUI)
In refusal cases, Georgia drivers face a 12-month “hard suspension” of their license. Under the prior law, the only option was to appeal their suspension. Once at the hearing, many police officers would not lift the suspension unless a person promised (in a legally binding agreement) to plead guilty to the DUI charge. Since driving is a necessity to almost everyone, there often was only one choice, to enter into the agreement.
With the new Georgia DUI Law, our clients can now fight their DUI cases without facing the unfair choice clients faced at their administrative license hearing.
Georgia 30 Day Warning:
Under the new Georgia 30 Day DUI Rule, Georgia drivers (this is limited to people who have a Georgia license at the time of their arrest) can forgo the administrative licensing process and agree to install an ignition interlock device for 12-months.
When drivers select this option, there will be no ALS hearing. The driver is allowed to drive to work, school, medical appointments, probation meetings, and to provide for the needs of dependents.
Since our clients can now drive, this opens up the possibility of fighting their case and taking the case to a trial.
The attorneys at my office are extremely excited to have the opportunity to fight more cases and provide our clients a real opportunity to get the justice they deserve.
Once a person elects to install an interlock, they cannot later change their mind and request a hearing.
The ignition interlock device must remain on the vehicle, in refusal cases, even if the accused driver is completely acquitted.
Some clients change their mind and want to enter into a plea bargain. Once the interlock device is installed, its term must be completed. In cases that involve a breath or blood test, the term is 120 days. In refusal cases, the term is 12-months.
Our office is here to help you make the right decision after a DUI arrest. Your case will not resolve itself. Call us for immediate attention 24 hours a day, 7 days a week.