Powder Springs DUI Lawyer – Powder Springs DUI Attorney
Superior DUI Defense
The Law Office of Richard Lawson is a legal firm solely dedicated to Georgia DUI Defense. Richard Lawson is a former DUI Prosecutor with over 25 years' experience in DUI Law. Why choose a “general practitioner” when you can have an expert who knows all the facets of a DUI case from both sides of the courtroom. He is the top-rated DUI Attorney in Georgia. Please see his reviews on Avvo and you will understand why. Contact our office as soon as possible after your Powder Springs DUI arrest. Your best defense begins with us.
If you have been arrested for DUI in Powder Springs, or anywhere else in Cobb County, you only have thirty days from the date of your arrest to save your Georgia driver's license from being suspended. You (or your Powder Springs DUI Lawyer) must file a request for an Administrative License Suspension (ALS) hearing or ignition interlock device. The filing fee is $150. If you do not request an ALS hearing or interlock device, your license will automatically be suspended. If you have been accused of refusing the State's chemical test of your breath, blood, or urine, your Georgia driver's license will be suspended for one year with no chance for a restricted permit.
Know Your Rights
What Are Miranda Rights?
If you have watched crime drama shows on television, you probably know the Miranda rights speech by heart or, at least, the part that goes: “You have the right to remain silent. Anything you say can and will be used against you in a court of law…”
However, what you might not know is that law enforcement necessarily does not have to read your Miranda rights, especially if you are arrested for DUI. That does not mean that police cannot use evidence against you (but it could affect the type of evidence used).
Here is what you need to know about Miranda Warnings and how they are applied to DUI arrests:
When law enforcement arrests a person and begins to question them about a crime, they must first advise the arrestee of their Constitutional rights. It often goes a bit like this:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law
- You have the right to a Powder Springs DUI Attorney before answering any questions.
- If you would like a Powder Springs DUI Lawyer but cannot afford one, you will be appointed one free of charge.
When Miranda Rights Have to Be Read
Miranda rights are a reminder to those who are in the custody of police that they have particular constitutional rights under the Fifth Amendment; such as the right to remain silent and the right to an attorney.
Keep in mind, these rights only apply to a person who is:
- In the custody of law enforcement;
- About to be questioned about a crime.
If you are in police custody are being questioned by police without reading your Miranda rights, mostly what you say will typically be inadmissible in court. Any evidence that was collected or discovered during the interrogation will also be inadmissible.
When Miranda Rights Are Not Necessary
In a DUI case, law enforcement more than likely has the evidence they need before a suspect is arrested and taken into custody. That being said, a Miranda warning may not be necessary. Your Powder Springs DUI Lawyer will explain Miranda rights in detail and make sure you have full understanding of your Powder Springs DUI case.
Can My Case Be Dismissed If I Was Not Read My Miranda Rights?
Not likely. However, if you were questioned after you were taken into custody, any statements you make cannot be used against you.
What Are Implied Consent Rights?
Georgia's Implied Consent Law states that by obtaining a driver's license, you agree to submit (if asked by law enforcement) to a chemical test of your breath, blood, or urine to determine alcohol or drug content in your system. That means by having a Georgia driver's license, you have already consented to test if requested by police. Some information that is good to know:
- You have a right to refuse the State's chemical test. However, driving is a privilege and not a right. If you choose to refuse testing, the State of Georgia can suspend your driver's license or place restrictions on your driving privilege within the state (if you have an out-of-state license). Refusing the State's chemical test carries a one year “hard” license suspension (meaning no chance of a restricted permit or early reinstatement).
- If you are under the age of 21 and submit to testing and test .02 or more, your Georgia driver's license may be suspended for a minimum of one year. If you refuse to test, your license will be suspended for one year.
- If you choose to submit to testing and test .08 or above, the maximum time of license suspension is one year (starting 30 days after your arrest, subject to appeal). If you are over the age of 21 and submitted to testing, you will be eligible for a restricted permit that will allow you to drive to work, school, and seek medical care/treatment. You will be eligible for an early license reinstatement after 30 days if you attend (and complete) a Risk Reduction course (also known as DUI school).
- If you have a Commercial Driver's License (CDL) and refuse to test, you will be restricted from driving a commercial vehicle for one year. If you submit to testing and test .04 or more, you will be limited from driving a commercial vehicle for one year.
Powder Springs Municipal Court
The address of Powder Springs Municipal Court is 192 Anderson Street, Marietta, GA 30060. Tracie Jackson is the Chief Clerk and may be reached by calling (770) 943-8020. The Powder Springs Municipal Court Judges are Judge John Story Morgan, Judge Robert L. Whatley, and Judge Stephen A. Yaklin.
Map to Powder Springs Municipal Court
Contact Us Today For Expert Legal Advice
A Powder Springs DUI arrest is stressful. Choosing a competent Powder Springs DUI Attorney is easy when you choose a Powder Springs DUI Lawyer with the Law Office of Richard Lawson. We have Powder Springs DUI Attorneys waiting to speak with you about your Powder Springs DUI case. Do not trust your future to just any Powder Springs DUI Lawyer when you can have the best. Our Powder Springs DUI Attorneys are available 24 hours a day, seven days a week, and even weekends and holidays. When you need a DUI Lawyer in Powder Springs, look no further than the Law Office of Richard Lawson. Contact us today for your free consultation.
Powder Springs DUI Resources
Powder Springs Police Department
Powder Springs Municipal Court
Administrative Office of the Courts
Georgia Department of Driver Services
Wikipedia of Powder Springs Georgia