LAVONIA DUI LAWYER - LAVONIA DUI ATTORNEY
If you have been charged with a DUI in Lavonia, you need to act fast! You only have 30 days to save the automatic suspension of your driver's license. We understand that you may be overwhelmed and stressed about a DUI charge, but we are here to help. Our Lavonia DUI Lawyers have over 50 combined years of experience and have represented thousands of clients. We will walk you through the entire process and help get your case resolved. Call now for a free case evaluation.
30 Day Warning
If charged with DUI in Lavonia, you only have 30 days to prevent the automatic suspension of your Georgia driver's license. To prevent the suspension, you must either request an administrative license suspension (ALS) hearing or install an ignition interlock device on your vehicle. Whichever choice you make must be completed within 30 days from your arrest. This decision should not be taken lightly. Call one of our Lavonia DUI Lawyers to discuss your case.
Implied Consent in Georgia
Every state within the United States has an Implied Consent law. If you are operating a motor vehicle within a state, then you have already given your consent to have your blood, breath, or urine tested for alcohol or drugs.
What Does Implied Consent Mean?
In Georgia, the implied consent law means that in exchange for the privilege to drive on Georgia roads, you agree to take a chemical test should a police officer request that you take one. If you refuse this testing, you face a license suspension of up to one year of your Georgia driver's license.
What Happens If I Submit to the State's Test?
If you submit to testing and the results show a BAC of .08 grams or more, the maximum license suspension is one year that will begin 46 days after your arrest. This also applies if you refused to take the test. This suspension is an administrative suspension, meaning that it is separate from the criminal DUI charge. You will still have to go to court and face additional penalties.
If you submitted to the test and are over the age of 21, then you may be able to get a limited permit that would allow you to drive to work, school, and medical appointments. However, if you refused testing, then you will not be eligible for a limited driving permit.
Implied Consent Warnings for Georgia Drivers
The arresting officer is required to read the appropriate Implied Consent Notice depending on your age and driver's license status.
Implied Consent Notice for Suspects 21 or Over:
The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?
Implied Consent Notice for Suspects Under Age 21:
The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?
Implied Consent Notice for Drivers of Commercial Motor Vehicles:
The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?
Defenses to Your Lavonia DUI Involving the Implied Consent Notice
No matter your situation, there are always defenses that apply to your case. Unless you were involved in an accident that resulted in serious injury, the officer must have placed you under arrest for DUI less safe before they can read you the implied consent notice. The notice must be read in its entirety and exactly as stated above. If the officer gives you an incubate or misleading interpretation of your implied consent rights, he has deprived you of your ability to make an informed decision. We can use this in your favor at court.
There are lots of defenses that can be used with regard to the implied consent notice. Contact one of our DUI Lawyers in Lavonia today to see how we can help.
Lavonia Municipal Court
Lavonia Municipal Court handles traffic violations and other misdemeanor cases that occur within the city limits of Lavonia. The Honorable Douglas Kid presides over the Court. Court is held at the Lavonia Police Department located at 851 Grogan Street, Lavonia, GA 30553.
Map to Lavonia Municipal Court
Contact Us Today
Set up a free consultation with one of our experienced DUI Lawyers today. We have represented clients for over 20 years with fantastic results. Every person deserves to be well-represented, and we will use our knowledge and litigation skills to help you. Our office is open 24 hours a day, 7 days a week to serve you. Call now!