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Tests and Refusals: Know Your Rights

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When someone is pulled over for suspicion of DUI in Georgia, they will be asked to perform a series of tasks that could indicate potential impairment to the arresting police officer. It is important to note that these tests are entirely voluntary. If you choose not to perform the tests, your refusal statement cannot be used against you in trial in any attempt to generate incriminating evidence. This is because mandating field sobriety tests would violate the right of self-incrimination. The same can be said when the police officer asks for your consent to any blood testing or breath testing. Although the officer can obtain a search warrant, you do not have to submit to chemical testing on the spot. Do not be misled into believing that if you refuse these chemical tests, your statement of refusal will be used against you at trial.  If you’ve been pulled over for a DUI, contact us today.

How do I get a reduction to Reckless Driving in my DUI case?

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If you have been charged with DUI, you likely have many questions about what your best options are, how you can best defend your case, and what you can do to help your attorney as they prepare your case and pursue your interests with a prosecutor.

The best thing you can do to help your attorney and improve your prospects for being offered a reduction is to avoid getting additional charges, especially charges involving drugs or alcohol. Getting another DUI while one is already pending can severely hurt your case and reduce your chances of getting a reduction by a great deal.

There are several things you can do to improve the likelihood of getting a reduction. Completing 40 hours of community service at a 501(c)(3) organization is one task that costs nothing, and is generally a required term of probation. The organization cannot be religiously affiliated, but volunteering at an animal shelter, public library, or soup kitchen are all great ideas.

Completing a Mothers Against Drunk Driving Victim Impact Panel can also be beneficial. This online panel consists of individuals sharing their stories about the impacts of drunk driving. You can sign up here: https://online.maddvip.org/.

Taking a DDS-sponsored Risk Reduction class is also generally a condition of probation. There are online and on-the-road options available all over Georgia. For a list of locations and their contact information, visit this link: https://online.dds.ga.gov/ddsgeorgiagov/locations/certified-dui-schools.aspx.

The last thing you can do is get an alcohol and drug assessment done. This can be through any State-sponsored provider, and can be done in person or over the phone. The cost of the assessment varies depending on the provider, so you may choose to shop around to find the right counselor for you. If, after your evaluation is complete, any treatment is recommended, you can also help your attorney by working on the recommended treatment.

These steps show integrity and proactiveness, and can be good mitigating evidence for your attorney to provide to the prosecutor. For questions or a free consultation, call us at 404-581-0999.

 

Second DUI arrest in Fulton County, Georgia

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By: Erin Dohnalek

In Georgia, sentencing and license consequences get more severe with each new DUI arrest and subsequent conviction. There are mandatory minimum sentences that judges must abide by, and there are required consequences for an accused person’s driving privileges mandated by the Georgia Department of Driver’s Services.

The Offense:

According to O.C.G.A. § 40-6-391, a person commits driving under the influence of alcohol or drugs when it renders them less safe to drive, the person’s alcohol concentration is 0.08 grams or more at any time within 3 hours after such driving occurred, or there is any amount of an illegal controlled substance present in the accused person’s blood or urine.

The mandatory minimum sentencing for a second DUI conviction, if the first was committed in the 10 years preceding the second arrest for DUI, is at least three days in custody. In Fulton County, that means three days must be served at the Fulton County Jail. There also is a requirement that the accused must complete 240 hours of community service, a substance abuse evaluation plus recommended treatment, DUI school, and a Victim Impact Panel. This is all mandated by Georgia law.

In Fulton County, there are two judges who primarily preside over individuals charged with a second DUI: Judge Edlein and Judge Tailor. Both of these judges are in charge of the Fulton County DUI Court Program. A potential consequence of being charged with a second DUI in Fulton County is that DUI Court is pushed to avoid substantial jail sentences.

License Consequences:

One of the most pressing consequences of a second DUI conviction is a mandatory license suspension. If the accused has had a prior DUI conviction in the last ten years, but not in the last five years, the license suspension will be for a period of 120 days. However, a Georgia driver’s license holder will be eligible for a limited permit during that suspension to allow them to drive to essential locations.

Alternatively, if the accused has had a prior DUI conviction in the last five years, the consequences for his/her driving privileges are severe. The accused will be required to surrender their license, and he/she will have a hard license suspension for 120 days with no eligibility for a limited permit. After the 120-day license suspension is up, he/she will then be required to install an ignition interlock device in their vehicle for a period of 12 months. After the 12-month period has expired, the accused must continue to drive on a limited permit for two additional months before they will be able to reinstate their permanent driver’s license.

Contact Us:

Due to the severity of the consequences following a second DUI arrest, it is imperative to hire an experienced criminal defense attorney to explain all the possible options for an individual charged with a second DUI, to challenge that arrest in order to avoid some of the direct and collateral consequences of a second DUI conviction, and to advocate for their client’s constitutional rights. Therefore, if you have been arrested for a second DUI in Fulton County, please call our office today at 404-581-0999 for a free consultation.

Cobb County State Court – Pre Trial Diversion

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If you are arrested for the following offenses, you may be eligible to participate in a diversion program.

The eligible offenses are:

  1. Minor in Possession of Alcohol
  2. Possession of a Fake ID
  3. Possession of Marijuana (VGCSA)
  4. Theft by Shoplifting
  5. Theft by Taking

So if you are arrested on any of these charges, do not walk in to court and plead guilty. You definitely will want to consider the diversion program. If you are accepted and complete the diversion program, then the case will be dismissed and your record will be sealed.

In Cobb County, the prosecutor, otherwise known as the Cobb County Solicitor General, will require you to have an attorney. They will not let anyone enter into the diversion program if they are not represented by an attorney. We will work with you on a payment plan that fits your budget.

There is a $ 350 fee for any person that would like to participate in the diversion program.

There are several requirements that must be completed within 12 weeks once you enter the program. You can complete the requirements earlier than 12 weeks.

  1. Community Service:
    1. For Marijuana possession, theft by shoplifting and theft by taking, you must complete 40 hours of community service.
    2. For possession of a fake ID, you must complete 60 hours of community service.
    3. For minor in possession of alcohol, the community service varies:
      • 40 hours – if you blow below a .08 or are not offered an opportunity to blow into a portable breath device
      • 60 hours – if you possess a fake ID and blow below a .08
      • 80 hours – if you blow between a .08 and .15
      • 120 hours – if you blow above a .15 or refuse.4.

All Cobb County Police Officers are trained to request a breath test if you are caught with an alcohol and are not 21 years of age.

  1. Admissions
    1. For possession of a Fake ID and Minor in Possession of Alcohol, the defendant must admit, in writing, from whom and where they obtained the alcohol and fake ID
  2. Clean Screens
    1. You must pass 3 drug/alcohol screens during the 12 weeks. These drugs screens must be done through the Cobb County Superior Court Drug Lab unless previous permission is granted to do it elsewhere.
    2. These drug screens are for Minor in Possession of Alcohol, Fake ID and Marijuana Possession cases only.
  3. Alcohol and Drug Evaluation
    1. If you are charged with Minor in Possession of Alcohol, Fake ID or Marijuana Possession then you must complete an evaluation from a state certified evaluator. If this evaluation requires treatment, then you must complete the treatment within the allotted time.
  4. Theft Seminar
    1. If charged with theft by shoplifting or theft by taking, you must complete an approved theft seminar.
  5. Essay
    1. If you are under 21 years old, then you must handwrite a 2 page essay about why you should be admitted into the diversion program.
  6. Additional Classes
    1. For Minor in Possession of Alcohol, Possession of a Fake ID and Possession of Marijuana (VGCSA) you must complete one of the following:
      • MADD Victim Impact Panel
      • Teen Drug and Alcohol Impact Program (only if under 25 years old)
      • S.M.A.R.T. Program

So if you are arrested for any of the above, do not panic. Please call us so we can discuss your case, your defenses to your case and see if you are eligible to participate in the diversion program. It is a great way to make sure you do not have a criminal record.

Give us a call 24/7 at 404-581-0999