FAIRMOUNT DUI LAWYER - FAIRMOUNT DUI ATTORNEY
Driving under the influence (DUI) of drugs or alcohol is a serious crime in Georgia. If you are arrested and charged with DUI, you face potentially severe consequences in the form of jail time, hefty fines, community service, and license suspension. When facing these penalties, it is critical that you hire an experienced Fairmount DUI lawyer. We have exclusively practiced DUI law for over 20 years and have the skills your case requires to be successful. Call now for a free case evaluation.
Within 30 days of your arrest, you must file a letter requesting an administrative license suspension (ALS) hearing or install an ignition interlock device to save your license. A failure to do either option within 30 days will result in your license being automatically suspended. However, if you refused the State's testing of your blood, breath, or urine, then the license suspension will last for 12 months. Whether to file the letter or install the device is not an easy decision. It should be thoroughly discussed with your Fairmount DUI Attorney. If you choose to request the hearing, we will file the letter and handle the hearing for you.
When the police arrest someone for a DUI, it starts both a criminal prosecution and a civil administrative action against the accused. Most are familiar with a traditional criminal prosecution. However, there is a second "civil prosecution" against the defendant in regards to their privilege to drive.
The civil action against a suspected DUI driver starts within thirty days of a person's arrest. An accused DUI driver only has thirty days to appeal their automatic license suspension or to install an ignition interlock device on their vehicle. Otherwise, their license will be automatically suspended.
If you refuse chemical testing or submit to testing and your blood alcohol concentration is higher than .08%, the officer will confiscate your physical driver's license and fill out what is called a 1205 form. This form is a temporary driver's license that is valid for 30 days. To continue driving, a 30-Day Letter must be submitted timely with a $150 check or money order. When this letter is received, it stays the license suspension until your administrative license suspension hearing (ALS).
Your Fairmount DUI Attorney will handle this hearing for you so you do not have to appear. At this hearing, they will argue the lack of probable cause to arrest for the DUI or that the arresting officers violated Georgia’s Implied Consent Law. Winning this hearing saves your privilege to drive in Georgia.
Ignition Interlock Device
An ignition interlock device is connected to the ignition of a vehicle and prevents the car from starting if the driver has consumed alcohol. The driver has to blow into the device, and if their breath is over the limit, then the vehicle will not start. In addition to starting the vehicle, most devices require a random sample while driving to ensure that someone else did not start the car for them.
While ignition interlock devices have been used for many years, a new law went into effect on July 1st, 2017, allowing those arrested for DUI to install the device instead of losing their license. In the past, offenders had to file the 30-day letter to request an Administrative License Suspension (ALS) hearing to save their license. But as of 2017, drivers can install the device to prevent the suspension as well.
You Must Request an ALS Hearing or Install the Ignition Interlock Device within 30 Days
However, if the driver does not install the device or request the hearing within 30 days, their license will be automatically suspended. The length of time that a driver's license is suspended is usually 120 days if the driver submitted to a chemical test and up to 12 months if the driver refused to take a chemical test. In addition, while a restricted license is available to drivers who took the chemical test, it is not available to those who refused one.
Fairmount Municipal Court
If you were charged with a DUI within the city limits of Fairmount, then your case will proceed to Fairmount Municipal Court. The Honorable Robert Sneed is the Judge of Fairmount Municipal Court. The Court is located at 2265 Highway 411 SE, Fairmount, GA 30139. For more information about the Court, call (706) 337-5306.
Map to Fairmount Municipal Court
Lawson and Berry has been defending those charged with DUI for over 20 years. We have represented thousands of clients and obtained dismissals, reductions, and other great results for our clients. Our office is open 24 hours a day, 7 days a week to answer your call. Contact us today.