KINGSTON GA DUI LAWYER - KINGSTON GA 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 Kingston GA 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.
You only have 30 days after your DUI arrest to protect your driver's license from being suspended. To prevent the suspension, you must either file a letter requesting an Administrative License Suspension (ALS) hearing or install an ignition interlock device on your vehicle. Both of these approaches should be discussed with a Kingston GA DUI Attorney before you make a decision. However, if you have been charged with refusing the blood, breath, or urine test, your license will be suspended for one year. To protect your Georgia' driver's license, call us now.
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 Kingston GA 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.
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.
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.
Kingston GA Municipal Court
If you have been arrested for misdemeanor traffic offense (including DUI) or a city ordinance violation within the city limits of Kingston GA, then your case will proceed to Kingston GA Municipal Court. The Court is located at 30 W. Main Street, Kingston, GA 30145. The Honorable Terry Wheeler is the Municipal Court Judge, and Kelly Ensley is the Court Clerk. For information about your citation or court information, call (770) 336-5905.
Map to Kingston GA Municipal Court
Lawson and Berry is Georgia's premier DUI defense firm. We have over 50 combined years of experience defending DUI cases in Kingston GA. Our knowledge is unmatched, and we are prepared to assist with your case now. Our office is open 24 hours a day, 7 days a week to take your call. Call now for a free case evaluation.