Atlanta DUI Lawyer William C. Head

October 28, 2008

Georgia Criminal DUI Prosecution

Filed under: Uncategorized — atlantaduilawyer @ 10:18 pm
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Why You Face Both a Criminal Prosecution and an Administrative Legal Proceeding
The reason for initiation of this separate administrative action against your license is that the federal government made such actions against an accused DUI driver’s license mandatory about 30 years ago.  All states now have an “implied consent” law that controls these separate civil-type actions against driving privileges and most states have a verbally-administered or a written “implied consent” advisement or BOTH.  Under federal highway funding statutes, States that did not comply with passing such laws would lose federal highway money for not enacting statutes to suspend or revoke drivers’ licenses when a breath or blood test “over the limit” is given as part of a DUI arrest, OR if a person REFUSES to provide a “chemical test” after being reasonably suspected of being a DUI driver.  All states have complied and passed these laws.

A “Hard” Suspension TOTALLY Takes Away Your Right to Drive — No Permit Available
Some administrative suspensions, those for REFUSALS, are HARD suspensions in Georgia, meaning that no “work permit” is available IF you lose the administrative hearing on the issue of “refusal.”  This rule on refusals is applicable for ANY offender — first DUI arrestees or anyone else. This “HARD” suspension may also be applicable for “per se” (cases where you were previously arrested for DUI and submitted to testing but had a result “over the legal limit”), but only if you have had a prior per se administrative suspension entered against you for an arrest made within five (5) years of the last DUI arrest that resulted in an administrative suspension for “blowing” over the legal limit.

October 27, 2008

Georgia Driver’s License Suspension

Filed under: Uncategorized — atlantaduilawyer @ 1:40 pm
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The Georgia ALS Hearing Creates Two Legal Fronts for Your Attorney to Battle
In Georgia, your DUI lawyer must first defend you against this immediate administrative loss of your license (or privilege to drive in Georgia), AND also investigate and prepare to fight the criminal DUI case later. These two RELATED BUT SEPARATE proceedings SHOULD be coordinated and handled by ONE attorney who is fully versed in DUI law and procedure. That person needs to be a D.U.I. specialist, who understands the interrelationship of both proceedings and attacks both legal proceedings in a “comprehensive and cohesive fashion.” If no other advice is followed in these video clips, DO NOT try to handle the administrative hearing or merely walk in alone, expecting to “ask for” a continuance. You will likely LOSE that hearing, because you did not follow the Rules of the Office of State Administrative Hearings (OSAH). Your actions at this early stage of the case could take away ALL of your rights to drive for twelve (12) full months, or possibly longer.

October 26, 2008

Georgia Ten Day Rule

Filed under: Uncategorized — atlantaduilawyer @ 6:33 pm

Why Filing an Appeal is Crucial and What Happens if You Don’t File
If you miss the 10-business day deadline to appeal, you may have totally squandered one of your best leverage points for contesting your entire DUI prosecution.  The appeal sets up an ALS Hearing date, which is typically scheduled about 60 days after your date of arrest.  If you miss the filing deadline (10 business days after arrest), then no hearing will be scheduled and your right to drive ENDS on the 31st day after your arrest for DUI.  More is explained about this below.

How a “Business” Day is Defined and Calculated by Georgia Law
In a nutshell, this is how you count “business” days. First, you START counting days on the next calendar day AFTER the actual date you are arrested, so long as that day is NOT a Saturday, Sunday, or State holiday. Weekend days and STATE holidays (not federal holidays) are NOT counted as “business days”. The appeal must either be RECEIVED at DDS [Department of Driver Services] Headquarters in Conyers, Georgia, or must bear an OFFICIAL U.S. Postmark date on or before that last day.  Use of a confirmed FAX of the appeal [678-413-8450] to DDS is possible, but a second method of delivery, with signed proof of delivery, to DDS Headquarters in Conyers is our DUI law firm’s preferred way of dealing with these EXTREMELY important matters. Dual methods of delivery are utilized by our firm in all cases.

October 25, 2008

Georgia DS-1205 Form

Filed under: Uncategorized — atlantaduilawyer @ 8:01 pm
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 Continued important information about the Georgia DS-1205 form

The police officer will check the applicable block on the Georgia DS-1205 form stating the basis of the suspension. The DS-1205 Form outlines the officer’s options for issuing the intent to seek an immediate administrative suspension of your GA license or (if licensed elsewhere, your driving privileges in Georgia) PRIOR TO the criminal case ever being resolved. The Form DS-1205 offers boxes for the officer to “check off” his or her reason [for either “refusing” the State tests OR “blowing over the legal limit”] for seeking the suspension. The issuance of this form MANDATES that you file a written appeal to the proposed suspension WITHIN TEN [10] BUSINESS DAYS.

You Will Be Asked to Sign the Form 1205, and You Should Sign It
The officer usually asks you to acknowledge the pending action against your license by having you sign the document near the bottom of the Form DS-1205. Once you sign it, the Arresting Officer will sign it and (in doing so) AUTHORIZE you to take advantage of temporary driving privileges sanctioned by GA laws. You should be given the yellow copy of this multi-part form to take with you, since your plastic license is being confiscated and sent to Georgia DDS. Typically, this issuance of the Form DS-1205 happens while you are being processed at the detention center (jail) where you were taken for booking, and (possibly) the administering of the  Intoxilyzer 5000 breath testing being offered (if applicable). Shortly after this, you will be turned over to the jailers at the detention facility.  In some very rare instances, the arresting officer will issue the Form DS-1205 at the roadway for a person who has already said “I refuse” or otherwise indicated that he or she will not submit to the requested testing at the station.

The DS-1205 Form is Your Temporary License, so KEEP IT WITH YOU
Some arrested drivers refuse to sign the DS-1205 Form.  They insist on speaking to an attorney first, or are just mad at their general predicament.  Georgia’s highest court has ruled that you do not have the right to ask an attorney for advice before either submitting to official implied consent testing or refusing to be tested. This failure to sign the Form DS-1205 accomplishes nothing, and possibly could mean that you have no temporary right to drive is you refuse to sign the Form DS-1205. We can help cure that problem by filing an immediate appeal of the pending suspension.  Call our 24-Hour Hotline at 404-250-1113 or Toll Free at 877-384-4367.

October 24, 2008

Almost 100% of Georgia DUI Arrests Involve a DS-1205 Being Issued

Filed under: Uncategorized — atlantaduilawyer @ 12:56 pm
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About 98% or more of all drivers arrested in Georgia for DUI are given this DS-1205 Form. In general, this official form states the officer’s action seeking administrative suspension of your Georgia license (or your privilege to drive in Georgia, if you are licensed in a different state). The Form offers the officer different boxes to check, as applicable to your case and circumstances. In simple terms, the officer is asserting (swearing under oath) that you either (1) refused to take the required test OR (2) that you took the test and that the test indicated the presence (in your body) of ALCOHOL at a level that was equal to or greater than the applicable legal limit [0.02 grams % for any driver under age 21, 0.04 grams % for any driver of a commercial motor vehicle, regardless of age, and 0.08 grams % for any driver age 21 or over who is NOT operating a commercial motor vehicle].

If No DS-1205 Form is Issued, You Should Receive a Form (a DS-1127 180 Day Permit)

For any driver arrested for DUI, and who either (1) took the State’s official breath test and produced a numerical result UNDER the legal limit [applicable to that driver, based on age (either under age 21 or 21 & over) and type vehicle (commercial or non-commercial) being operated] OR (2) the officer asked the driver to submit to a type of testing which would not produce an immediate numerical result [blood, urine or both], a different form should be issued. This Form DS-1127 is not a full sheet of paper, but is (instead) a small sticker with an adhesive backing that is affixed to the lower part of the DUI “citation” (traffic ticket). This DS-1127 serves as your driving permit for 180 days. It can be extended beyond the 180 day period, but that requires action by your attorney through a petition with the criminal court judge.

October 23, 2008

A Citizen’s Guide to Administrative License Suspension Consequences Following a DUI Arrest in Georgia

Filed under: Uncategorized — atlantaduilawyer @ 7:58 pm
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This Update Includes the Latest Changes in Georgia DUI Laws Effective July 1, 2008

This update on Georgia Driver’s License Administrative License Suspension Law is written AFTER the latest change in Georgia DUI laws effective for all arrests made July 1, 2008 and after. Unless specially stated in these video clips, the SAME law (for administrative suspensions) also applies to all arrests made since July 1, 2001 (this was another major revision of Georgia’s DUI statutes). The new D.U.I. law in Georgia starting with arrests made July 1, 2008 and after changed the CRIMINAL PENALTY “lookback” term to 10 years, but did not change the Georgia Administrative License Suspension [ALS] Laws, which still utilize a 5 year “lookback” period in determining whether a driver is a “repeat” offender. See Mr. Head’s copyrighted “DUI Punishment” Grid available on full color for your review or easy download and printing off of a personal copy at www.DUI.tv/galaws.pdf.

An Administrative License Suspension [ALS] Form Should Be Issued in ALL DUI Arrests

If you are ultimately convicted of DUI, a license suspension or revocation WILL occur in 100% of DUI cases, if your arresting officer follows Georgia laws. Hence, before the criminal case ever gets started and before you have made a “first appearance”, other Georgia laws relating to breath testing, blood testing or urine testing (or, if the arresting officer requests, two or more types of tests) trigger one of TWO TYPES of pre-trial administrative suspension “action” against the licenses of virtually every person arrested for DUI in Georgia. This rule is applicable whether you possess a Georgia driver’s license or one issued by another state, the arresting officer is required to confiscate (pick up) your plastic operator’s license. This administrative suspension can be and often IS more devastating to an accused impaired driver in GA than the potential suspension that occurs in the criminal case for DUI first offender, if a DUI conviction does later happen. If arrested for D.U.I. in the State of Georgia, statutes mandate that you should be issued one of two types of notices of suspension of your license. You will either be issued a Form DS-1205 (issued in about 97% of DUI arrests) OR a Form DS-1127 (issued in about 2% of DUI arrests). The forms look and ARE completely different in their APPEARANCE and their PURPOSE.

The Most Commonly Issued ALS Form is the Yellow-Colored DS-1205 Form

When a DUI arrest is made in Georgia, the arresting officer is compelled by State laws to take away (confiscate) your plastic license and issue a pre-conviction, written notice of a proposed, IMMEDIATE driver’s license suspension action. Usually, it is the Form DS-1205. This form is commonly referred to by lawyers who are DUI specialists (and by police officers who handle DUI arrests) as “a 1205 form” or “a DS-1205 form.” Click on the hyperlink to see an sample of this State-issued pre-printed, 8½” by 11”, yellow-colored form (called a DS-1205) [CLICK on this link to see the PDF version of this blank form, plus a copy of the Arresting Officer’s Instructions to follow in completing and filing the Form Ds-1205 and the Arrested Driver’s Instructions]. This form can be compared to the papers you received (or should have received) after your arrest, so you can read the notice — front and back — to see what you are facing.

October 21, 2008

Georgia Alcohol Laws

Filed under: Uncategorized — atlantaduilawyer @ 4:24 am
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Georgia has many laws pertaining to the sale, consumption, and distribution of alcohol. I would like to review the most common statutes and how they apply to you.

In Georgia, bottled spirits (distilled alcohol, or hard liquors) are sold only in retail package stores. Beer and wine may be sold in grocery stores and convenience stores with a license. Alcohol sales are not permitted in retail stores on Sundays. However some restaurants may serve alcohol on Sunday, depending on the percentage of sales and local regulations. Most restaurants in the state are allowed to serve alcohol from 6 a.m. until midnight, if local regulations permit.

Servers in bars and restaurants must be at least 18 years old in order to serve alcohol.

Georgia’s Open Container Laws state that bottles of alcohol that have already been opened must be transported in the trunk where the driver or passengers do not have access.

In Georgia, the legal age to consume alcohol is 21 years old.

Like all of the other states, the maximum blood alcohol content (BAC) that a person may have in his or her system while operating a motor vehicle in Georgia is 0.08 percent. If your BAC is over this limit, you will be charged with a “per se” violation. Even if your driving was not impaired by alcohol, you may be convicted of DUI based on your BAC alone.

Georgia has Zero Tolerance laws that are intended to keep minors from consuming alcohol and then driving. Drivers under the age of 21 may be arrested for driving under the influence with a BAC of 0.02 percent or higher.

Drivers who refuse to take a chemical test or who have an excessively high BAC (0.15 percent or higher) are subject to stricter penalties. Refusing to take a breath, blood, or urine test will lead to a one-year driver’s license suspension by the DMV, with no chance of a limited permit.

An ignition interlock device may be ordered for a second DUI conviction. This device must be installed and maintained at the offender’s expense.

Georgia Ignition Interlock Devices

Filed under: Uncategorized — atlantaduilawyer @ 2:27 am

Ignition interlock devices are becoming one of the newest tools to allow people convicted of driving under the influence back on the road as part of a probation agreement.

You may wonder just what an ignition interlock device is. It is a system used to determine whether or not you have consumed alcohol before starting up your vehicle. To use the device, you must blow into the handheld device, which is usually attached to the dashboard of the vehicle. If your blood alcohol content, or BAC, is over a certain limit, the vehicle will not start. This limit is normally set to .02 or .04 percent.

For ignition interlock devices to be approved by the NHTSA, they must require a “rolling retest” in addition to the initial “start” testing. This rolling, or running, retest is to circumvent drunk drivers from having sober friends take the initial test to start the vehicle. If the driver fails the rolling retest, or refuses to take it, the vehicle’s lights will flash until the vehicle has been stopped. The device will also record this information.

Many people erroneously believe it might be easy to trick an ignition interlock device. This is untrue. Sophisticated safeguards have been developed making it very difficult to circumvent the device.

The driver must pay the cost of installation and maintenance for an ignition interlock device. The driver must also bring the device in periodically to be maintained.

These devices allow DUI offenders to run errands, go to work, pick up the kids from school, and otherwise lead an undisrupted life.

While ignition interlock devices can be helpful for people who would otherwise not be allowed to drive, it is not a perfect system. For example, it is impractical to order someone to have an ignition interlock system on every vehicle he or she owns.

It is also very easy for a driver to simply avoid the ignition interlock device by driving another vehicle without this system.

Are ignition interlock devices a good solution for people who have been convicted of driving under the influence?

October 4, 2008

Tougher Georgia DUI Laws

Filed under: Uncategorized — atlantaduilawyer @ 8:16 pm
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Another year, another crop of tougher DUI laws.

Just when you thought it wasn’t possible, the Georgia General Assembly has done it again! Not only are they throwing the book at people with a prior DUI plea or conviction, but people who have never been in trouble before are facing harsher sentences. What does this mean? It signals more jail time, higher fines, and extra helpings of DUI School for anyone convicted of driving under the influence.

In the past, a first-time offender could expect around 24 hours in jail and fines of about $300. Since July 1st, a new requirement calls for first-time offenders to complete Georgia DUI School classes at a cost of $280 for a 20-hour course. In addition, a clinical medical evaluation and completion of an alcohol treatment program is also necessary.

Before July, the “look-back” period for prior convictions in Georgia was 5 years. House Bill 336 increased this look-back period to 10 years. The look-back period helps the court establish the punishment you will receive at sentencing. In the past, if you had a DUI more than 5 years ago – you’d be sentenced as a first-time offender. Now, a prior DUI conviction up to 10 years ago nets you more jail time, higher fines, and a longer driver’s license suspension.

When you think of felons, most people normally picture outlaws like drug dealers, rapists, armed bandits, and murderers — not someone who perhaps had one drink too many and was stopped on their way home. However, new Georgia laws make DUI a felony upon 4th conviction, in some cases even less. It’s important to note that it doesn’t matter where prior convictions occurred, even if they were out of state. If your fourth incident occurs in Georgia, you will be sentenced as a felon in Georgia.

The new sentencing for DUI felony includes a prison of one to five years. No more than 90 days may probated or suspended. In addition to stiffer criminal penalties, convicted felons are unable to vote, own firearms, or serve in the military.

Georgia keeps enacting tougher DUI penalties year after year – with no end in sight.

It makes reasonable people wonder what could possibly be coming next!

What DUI laws do you think will be passed in the upcoming year?

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