In yesterday's post, I explained and outlined an ALS Hearing in Georgia. I mentioned in the first paragraph that you have a choice between filing an appeal of your license suspension after being arrested for DUI in Georgia and installing an ignition interlock device into your vehicle. I'd like to expand on the ignition interlock device in Georgia in today's post.
Again, I'll warn anyone charged with a DUI - never decide between appealing your license suspension or installing an ignition interlock device without first consulting a Georgia DUI Lawyer.
An ignition interlock device is a breathalyzer that is hard wired to your vehicle's ignition system. The device will actually prevent your vehicle from starting if it detects that your BAC (blood alcohol concentration) is above the programmed limit. If you choose to install an interlock device on your car, it is a 12-month commitment. Even if the underlying DUI case is dismissed or reduced to reckless driving, you must keep the interlock on your car for 12-months.
If alcohol is detected by the device, the ignition interlock device will keep a positive test report that is subsequently downloaded by the interlock provider. Regardless of whether or not the ignition interlock device has been installed because of a DUI probation or because you chose device installation over a suspension appeal, the interlock company downloads all of the reports. If chosen over suspension appeal, the reports get sent to the DDS. If part of your DUI probation, the reports get sent to your probation officer. This is part of the problem - there is no due process.
Every citizen is entitled to fair treatment through our judicial system. The fact that if you test positive (even a false positive), get a ticket, provide an inadequate sample, etc. your ignition interlock device will be suspended, and you could face jail time.
The most important part of this post is that the DDS or a probation officer will have access to EVERY sample given and reported through the ignition interlock device. If you are on DUI Probation, you are absolutely prohibited from consuming any alcohol. If you fail to provide a sample or test positive, then your probation officer will most likely file a petition to revoke some or even all of your probation. This usually results in a warrant, and you could end up waiting up to 30 days in jail before even going in front of a judge.
This is why it is of crucial importance if you or a loved one has been charged with a DUI in Georgia to contract a top-rated and experienced Georgia DUI Attorney today. Our firm has over 50 years of combined experience to offer you the best legal advice and the best defense for you case.