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Georgia DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Georgia on
Q: I have a dui and drug charge on my back ground I am wanting to see if I can get it Exsponged?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

Georgia law does not allow expungement of DUI convictions or felony drug convictions. However, you may be able to expunge the drug conviction if it was for a misdemeanor offense. You would file a petition with the convicting court to request expungement.

O.C.G.A. section 35-3-37(j)(4)(A)...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: I got a dui which was my third. It was 2 years and 1 month ago. I have not heard from the courts or got a letter.

I live in Georgia. Single vehicle. No witnesses.

Morris  Margulis
Morris Margulis
answered on Jun 21, 2022

Sometimes cases do get lost in the shuffle, but it's never something to rely upon.

The citation likely gave you a court date. If you missed that, there's probably a warrant out for your arrest and a suspension on your driver's license.

Otherwise, see if you can find...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: My husband was charged with this, but was notdriving a bus. He was driving a pickup truck. Will the dui likely stand, ec

The code on his citation is 40-6-391.3 DUI - Driving school bus under influence

Morris  Margulis
Morris Margulis
answered on Jun 19, 2022

That code section specifies an increased penalty for DUI while driving a school bus.

Your husband may still nevertheless be culpable for DUI with the more typical penalties.

2 Answers | Asked in DUI / DWI for Georgia on
Q: 1st DUI in Gwinett County blew .12 what will my sentence be.i
Morris  Margulis
Morris Margulis
answered on May 3, 2022

You're probably looking at something between 24 hours and 30 days in jail, plus classes, fines, and community service.

The amount of jail time will depend on various factors, including your driving record, your history with drugs/alcohol, whether you gave the police any attitude, and...
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1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Can an ROR bond that is correctly followed keep me from going to jail after my court date?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

It is always helpful to show the Court that you have been compliant with previous bond conditions, however, jail time is usually related to a person's criminal history, the severity of the charges, and whether a victim is involved.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Will bench warrant show up on online case file in atlanta for failure to appear?

My license has not been suspended

Morris  Margulis
Morris Margulis
answered on Feb 7, 2022

Online dockets are not very reliable. Sometimes the warrant will show on the system but not always.

The best thing for you to do is get an attorney to walk into the clerk's office to check for a warrant and get you a new court date.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I got charges of dui/drug,violation georgia controlled substances act vgcsa-f, poss drug related object equip m

What's can I do ?

Morris  Margulis
Morris Margulis
answered on Nov 22, 2021

Defending these cases usually depends on fourth amendment arguments. Did law enforcement have the right to stop you? If so, was the stop unreasonably prolonged? If not, did they have the right to search you and/or your car? Etc.

Feel free to email me to talk about setting up a retainer...
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1 Answer | Asked in DUI / DWI, Consumer Law, Family Law and Personal Injury for Georgia on
Q: 31 yrs old female first dui and and missed court on the hearing. Bench issued she spent 6 days in jail can she nolo

Furthermore as a violent man held her beyond will and beat her and had her arrested . Lady has 3 children and now away from harm need a chance to start her life now without the terrioristic drama he put her through

Michael D. Birchmore
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Michael D. Birchmore
answered on Nov 18, 2021

UNFORTUNATELY, YOU HAVE TOO MANY DIFFERENT ISSUES IN YOUR QUESTION. NOBODY HERE WILL BE ABLE TO PROVIDE A RELEVANT RESPONSE TO ANY OF THEM. THE OVERALL BEST ADVICE YOU WILL REVCEIVE HERE IS TO MEET WITH AN ATTORNEY SO THAT ALL THE ISSUES CAN BE SORTED AND DISCUSSED.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Does a character witness help in dui citation or can it be paid
Morris  Margulis
Morris Margulis
answered on Nov 15, 2021

Technically, you can use a character witness to defend against a DUI change, but it is probably not advisable.

Generally, using a character witness "opens the door" for the prosecution to call other witnesses, or to present other evidence, against the defendant's character,...
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2 Answers | Asked in DUI / DWI for Georgia on
Q: How can I get my limited permit to drive, due to a first dui where it was suspended for a year due to implied consent

Which I wasn’t asked for a test just booked in jail but I had supposedly 30 days to write to the dds but I wasn’t informed I had to to save my license an enable a permit to drive

Anthony Kozycki
Anthony Kozycki
answered on Oct 25, 2021

It is best to get in touch with an experienced DUI attorney who can guide you through the ALS process. As you mentioned, there is a limited time period to request a hearing.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: Could i be eiligble for house arrest for false statement dui and havent been in trouble for ten years
Morris  Margulis
Morris Margulis
answered on Oct 20, 2021

Yes, but you should probably be going for simple probation instead.

Email me to discuss.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Courts have no paperwork but DMV shows suspended
Anthony Kozycki
Anthony Kozycki
answered on Oct 6, 2021

When was the arrest? Did you have an ALS hearing yet?

1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: How do I get alcohol test results from my case . before court .
Anthony Kozycki
Anthony Kozycki
answered on Sep 30, 2021

Your attorney needs to file a discovery request.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Can someone be arrested for DUI on private property?

Refuses blood test and Field sobriety test

Anthony Kozycki
Anthony Kozycki
answered on Aug 19, 2021

Yes, they can absolutely be charged. However, the real question will be whether they will be convicted. It sounds like you may have a strong case. I would recommend you contact a criminal defense attorney to discuss your options.

1 Answer | Asked in DUI / DWI, Products Liability, Traffic Tickets and Car Accidents for Georgia on
Q: how do i go about getting damages to my vehicle fixed or at least compensated?

If i were the victim in a hit and run accident, and made a police report at the scene and whom they later arrested

P. Charles Scholle
P. Charles Scholle
answered on Jun 29, 2021

I’m glad to hear they found the hit and run driver. There should be an amended accident report from the resulting arrest with the driver’s information and their insurance company. You can file a claim against their auto insurance carrier to get compensated for your vehicle and injuries as a... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Georgia on
Q: I have a DUI and a marijuana charge I have an arraignment tomorrow I don't have a lawyer so how should I plead.
Sam McRae
Sam McRae
answered on Jun 9, 2021

Depending on the court, you may be able to ask for more time to consult an attorney. If you qualify, you may consider applying for a public defender. Don't wait to consult an attorney on your case because certain deadlines will begin passing and put you in a disadvantageous position.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I am in a dui program that is way more intense than I thought it would be, and I would like to get out
Robbie Levin
Robbie Levin
answered on May 10, 2021

It sounds like you may be in DUI Court program. If this is the case, then yes, there are ways to be removed from the program. However, the alternatives available might not be fantastic either.

In order to get more useful information, you should contact an attorney to better explain the...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: How do I file a discovery in Lumpkin co ga so that I may take it to DUI trial April 21 2021I need the officers police

I believe I passed the sobriety test even though cpl weeks said I failed and charged me with DUI

Robbie Levin
Robbie Levin
answered on Mar 31, 2021

If you are planning to go to trial on a DUI charge, you should hire an attorney immediately.

For more information, visit my website at www.LevinLawyerGa.com

-Robbie Levin, Esq.

1 Answer | Asked in Civil Rights, DUI / DWI, Gov & Administrative Law and Sexual Harassment for Georgia on
Q: I was completely hammered drunk, speeding 92 mph going home at 2am. I flew by a police officer and I voluntarily pulled

I was completely hammered drunk, speeding 92 mph going home at 2am. I flew by a police officer. I am a 34 year old woman.

He saw empty beer cans, asked to perform an FST. Toe to heel.

Tells me I failed.

Asked me where I lived.

"1 mile away."

Told... Read more »

Robbie Levin
Robbie Levin
answered on Mar 31, 2021

Your drunk driving and speeding are not legal. However, there is no law requiring an officer to arrest you.

1 Answer | Asked in DUI / DWI and Civil Litigation for Georgia on
Q: How can a Sheriff Dept. Not have a Breathalyzer machine then say you refused one?

Get Started

I received DUI and on the ticket it stated that a test was administered then in the remarks it states I had refused all testing. At the scene I asked for a breathalyzer. None of the 3 units had one. I was then brought to the station and I asked again for a breathalyzer and was... Read more »

Michael D. Birchmore
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Michael D. Birchmore
answered on Mar 17, 2021

You are in a situation that cannot be fixed online. You need to retain competent counsel now to address your DUI case. You should not wait either. DUI cases have timelines.

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