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Georgia DUI / DWI Questions & Answers
3 Answers | Asked in Criminal Law and DUI / DWI for Georgia on
Q: I recently got arrested for aggravated assault an dui, first time I've ever got in trouble with the law or been arrested

The case is still open an I don't have a court date yet what are my options an what can I expect to happen thanks

Kelly Case
Kelly Case
answered on May 10, 2017

First, stop posting on social media. Second, and even more importantly. Hire a top notch criminal lawyer. These are serious charges and trying to do this yourself will be the worst, longest lasting mistake you could make. You can expect jail time, lose of your license and worse! You only have 10... View More

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1 Answer | Asked in DUI / DWI, Criminal Law and Civil Rights for Georgia on
Q: My boyfriend is a black male, arrested by a white officer for a DUI even though he blew a 0 on the breathalyzer.

My boyfriend asked several times to,be transported to a hospital for a blood test, but was denied. He was advised of a court date on Nov 14, but was called Nov 13 by his bondsman, who stated there was an arrest warrant for missing his court date. He immediately went to court in Nov 14 to inquire... View More

Kelly Case
Kelly Case
answered on May 8, 2017

This is a very convoluted fact situation and you should probably get in touch with a good criminal or DUI attorney. Ther eis really nothing that you could do other than help him get a good lawyer. Mistakes do happen in the criminal justice system but this sounds like there is something else going... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: In a DUI case when can the defendant subpeona the production of evidence? Is the DA required to include arrest video?
Kelly Case
Kelly Case
answered on May 8, 2017

Once charges are officially filed and the case has been assigned to a specific court, you can request a subpoena for records. Typically, there is no need to do this since most solicitors will provide the video and offense report as part of the discovery process. Issuing a subpoena to the police... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: I was convicted as a habitual impaired driver in the state of North Carolina and lost my driver license for life.

Can I therefore get a Georgia drivers license?

Kelly Case
Kelly Case
answered on May 8, 2017

Without knowing more, the best I can tell is that Georgia will honor the North Carolina suspension. So you will have to get that issue resolved before Georgia will issue you a DL. Depending on the reason for the suspension in North Carolina, it may be possible to contact a very good DUI lawyer in... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: I got a 10 yr. Suspension after 3 dui's ,92- 06- 07 within 15 yrs in Fla HTO,am I HTO in ga.Can I get a lic.its yr 9
Kelly Case
Kelly Case
answered on May 8, 2017

There is not enough information to answer your question. You should contact a very good DUI or administrative license lawyer and bring in all of your paperwork for a consultation. Your fact scenario is very specific and there may be a way around the 10 year rule, but it is just as likely that this... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Probate for Georgia on
Q: Violation of DUI probation with a MIP charge sentence?

My sister is 18 years old and in September of 2016 she got a DUI by wrecking in to a mailbox. Now, in March of 2017 while still on DUI probation she has gotten TWO MIP alcohol charges in the same month while still on probation. What type of punishment should she expect?

Kelly Case
Kelly Case
answered on May 8, 2017

The judge has complete discretion at this point, but I would not be surprised if she gets the maximum jail time. With everything you have described, she should hire a very good lawyer and listen to their advice. I would tell her to get help immediately and begin either an intensive rehabilitation... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: What are police looking for when they are trying to find people driving drunk on freeways?
Kelly Case
Kelly Case
answered on May 8, 2017

My cynical answer is money, but the reality is that there are people that drive under the influence of either drugs or alcohol when they should not. The police are looking for anyone they determine to be intoxicated (different from drunk). Generally, that is if their blood or breath alcohol level... View More

2 Answers | Asked in Criminal Law, Domestic Violence and DUI / DWI for Georgia on
Q: For how many years does a DUI and a domestic violence charge stay on your record ?
William C. Head
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answered on Apr 23, 2017

Forever, for DUI. It may be possible, depending on the terms of the domestic violence case disposition, that it may be subject to record restriction, but from your description, it is not possible to assess this. It would depend on the exact manner the case was resolved.

Suggest you see a...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: I went to court facing two DUI charges...

On Tuesday I went to court facing two DUIs from 2011. Neither officer showed up to court, but we went ahead with the first on the insistence of my public defender. After that I was labeled a Habitual Violator... I got 2 in 2005, these two in 2011 and two more in 2012 (which ive already went to jail... View More

William C. Head
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answered on Apr 5, 2017

Your record of arrests is not clear, but a 4th DUI within 10 years, if all 4 DUI arrests OCCURRED July 1, 2008 and after, is a FELONY. Depending on the Judge and Court, you can be doing up to 5 years in State prison.

As far as the HV offense, you cannot be "retroactively"...
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2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Municipal Law for Georgia on
Q: Officer violated many rights, not guilty, denied jury trial, no attorney given, 14 years later can I take it to court?

Sitting at stop sign, officer turns around & pulls me over. Illegally search car, impounds car, take me to police station, forces me to give a UA, did not read me any rights, wrote a citation and made me pay to leave station, he said that if the UA comes back positive he will file the charges,... View More

William C. Head
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answered on Mar 26, 2017

I know of no law allowing any lawsuit 14 years later. The law in every state puts time limits on when litigation must be pursued, and you fit none of the exceptions to allow this out-of-time filing.

William C. Head

Atlanta, GA

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1 Answer | Asked in DUI / DWI for Georgia on
Q: 24 year old arrested, charged with 1st DUI less than safe Alcohol. She was under limit stopped for speed help ?

Her release paperwork says she took blood test , she did not. She only took a Breath Alyzer test she was way below limits. He made her walked the line, she passed, 1,2, Mississippi passed, follow the light and swarts, passed. She's due to go to the military will be kicked out, we need some... View More

William C. Head
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answered on Mar 18, 2017

Call Doug Andrews, at 912-236-3020.

doug347@bellsouth.net

He can assist her.

William C. Head

Atlanta, GA

1 Answer | Asked in DUI / DWI for Georgia on
Q: I got a dui (pending) in AZ with an Arizona license. I now live in Georgia. Can i get a Georgia license?
William C. Head
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answered on Feb 17, 2017

If you have the plastic license, possibly so. But, when you are answering questions on the application form, answer them truthfully, as to any pending cases. Otherwise, the state of GA may come after you for perjury, since that form is an affidavit.

When the case gets resolved in AZ, you...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: I heard I will get a 10 day letter for a DUI. What does that mean?
George Chadwell Creal Jr.
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answered on Feb 3, 2017

In Georgia, you don't get a 10 day letter, rather you have to send a letter requesting a hearing within 10 business days of your Georgia DUI arrest. If you do not send a 10 day letter requesting a hearing after your DUI arrest, your Georgia Driver's License or privilege to drive on the... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Probate for Georgia on
Q: I am on misdemeanor probation in GA for Posses marijuana up to half oz, dui & speeding. I am in violation for being unab

Unable to pay fines, do community service, and i sent my report by mail forms the day I recieved an email from my probation officer stating I have to be in court this upcoming week. Is it likely they will allow me a bond?

William C. Head
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answered on Jan 29, 2017

Each judge is different, but most will understand lack of funds. The important thing is to do all other conditions, meticulously. Plus, communicate with your probation officer, and keep detailed records of every call, letter, etc., even if you get an answering machine on some calls.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I need to get a commercial license. Will my DUI hurt my chances?
William C. Head
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answered on Jan 29, 2017

Yes, under federal law, you are ineligible -- in any state --- to obtain a CMV license (CDL) until one full year after the date of conviction. Be sure to clear up all reinstatement issues, before you apply. Otherwise, your status will show up on the National Computer System of state licensing... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: I received a first time offense DUI in Georgia in 7 years ago but now cant get a commercial drivers license?

I paid my court fees and moved to Virginia and got a Class E license, and then moved to Florida and got a Class E license. I tried to get a CDL Class B license in Florida and they said that Georgia has a block on me and they cannot issue the CDL license.

Georgia says that I must complete... View More

William C. Head
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answered on Jan 29, 2017

You will NOT be permitted to get a CDL ANYWHERE in America, until you clear up Georgia. It is that simple. The federal government has worked for decades to stop people who have license issues in ONE state from moving to another state and starting over. It is part of the Interstate Compact... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: Is a DUI less safe the same as a regular DUI?
William C. Head
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answered on Jan 22, 2017

In Georgia, a DUI less safe case can be by either alcohol or by drugs. About 85% or more are strictly ALCOHOL cases, but some are DUI less safe by a combination of alcohol and drugs. Then, other cases have no evidence of alcohol being used, but symptoms of drug use only.

Without elaborating...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: If I drive my intoxicated underage friend home can I be liable for his intoxication

I was told today that if I drove my intoxicated friend that I would be liable for that and I would be in trouble since I am 19 and he isn't 18 yet

Paul Stanko
Paul Stanko
answered on Oct 15, 2016

Are you the person who got your friend intoxicated? Or are you being the good Samaritan who drove your already intoxicated friend home to safety? That makes a lot of difference.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Is there any way I may be able to get a DUI charge dropped down to a reckless driving charge.
George Chadwell Creal Jr.
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answered on Sep 16, 2016

There are a million ways to get a DUI reduced to reckless driving. The trick is finding the facts in your case that will convince the prosecutor handling your case to offer a plea to reckless driving. An example could be a questionably legal traffic stop. Another example might be a video which... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: What is the maximum punishment I can get for having a charged with possession of a drug-related object.
George Chadwell Creal Jr.
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answered on Sep 16, 2016

The first offense is a misdemeanor and carries up to 12 months in jail and a $1000 fine. A second offense is a felony and can carry 1 to 5 years in state prison and fines up to $5000.00.

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