HARTWELL DUI LAWYER - HARTWELL 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 Hartwell 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 Hartwell DUI Attorney. If you choose to request the hearing, we will file the letter and handle the hearing for you.
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.
How to Request an Ignition Interlock Device
A person who wishes to use an Interlock Ignition Device must satisfy certain conditions:
- The driver must apply through the DDS for the device within 30 days of their arrest.
- The driver must have a valid Georgia driver's license that is not suspended, revoked, or canceled.
- If the driver holds a CDL license, they must downgrade to a non-commercial license.
- The DUI charge cannot have resulted from an accident that causes serious injury or a fatality.
- The driver cannot have any prior convictions within the previous five years.
- They must pay a $25.00 permit fee.
- Their driver's license must be surrendered before the permit is issued.
The length of time that the device must be in your car varies. The period of time that the driver has to keep the ignition interlock device installed can be up to a year if the driver refused to take a chemical test and just four months if the driver consented to a test. And this period of time could change depending on the outcome of the driver's criminal case.
Once the device is installed, it creates monthly reports that can be reviewed by the probation officer and the court. It records failed tests and can detect attempted tampering with the device. If the reports are reviewed with no issues, then the driver is eligible for a non-ignition interlock limited permit or a full reinstatement of their driving privileges.
Costs Associated with the Interlock Device
Installing the ignition interlock device requires both an installation fee, rental fee, maintenance charges, and calibration charges. The typical installation price ranges from $100-$200, and the monthly fee is $70-$100.
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.
Hartwell Municipal Court
If your misdemeanor DUI arrest within the city limits of Hartwell GA, your case will go to the Municipal Court of Hartwell. The Honorable Francis J. George, Jr. is the Municipal Court Judge, and Renae D. Pierce is the Chief Clerk. Court is held at 500 E Howell Street, Hartwell, Georgia 30643. Call (706) 376-7189 for more information
Map to Hartwell GA Municipal Court
Contact Us Today
Whether the hearing or the ignition interlock device is a better option for a driver will depend on the facts and circumstances of their case. If you have been arrested for driving under the influence in Georgia, don't face the criminal justice system alone. Contact our Hartwell GA DUI Lawyers today for a free consultation.