Ask a Question

Get free answers to your DUI / DWI legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Georgia on
Q: Can a lawyer that i once retained but dropped represent me as a public defender on the same case?

A warrant was issed for my arrest because this lawyer claimed not to know my whereabouts when in fact i have paper work via mail from his office.

Ecleynne Mercy
Ecleynne Mercy
answered on Dec 1, 2018

I need so much more information before I can attempt to answer this question. You should schedule a phone conference for a low fee and discuss your case and what I can do to help.

Mercy Law P.C.

404-599-3031

1 Answer | Asked in DUI / DWI for Georgia on
Q: I plead guilty a few weeks ago. I did not blow, but was found guilty of dui less safe. Should I reopen my case?

I was pulled over for a speeding, but never issued a speeding ticket instead hit with a dui. I was told my speech was slurred and failed the officer tests on the video. I did not blow the breathalyzer. My attorney convinced me that taking the plea would be better than going to trial, so I did, but... View More

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Nov 30, 2018

You have a very limited time to withdraw a guilty plea. You need to consult with an attorney ASAP. But whether your case is a good case to do that for is impossible for anyone to answer on internet - it would take a thorough review of the evidence for that.

3 Answers | Asked in DUI / DWI for Georgia on
Q: Can you reopen a dui misdemeanor case?
Robbie Levin
Robbie Levin
answered on Nov 29, 2018

It depends how long ago the conviction happened. Sometimes we can get the prosecutor to consent to reopen even if it is an out of time Motion.

It also can depend on the jurisdiction of the case.

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

View More Answers

1 Answer | Asked in DUI / DWI for Georgia on
Q: facing a DUI charge any advice ?
Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

PLEASE GET AN ATTORNEY. Get one ASAP. DUI's can effect so much and an attorney will be able to tell you whether you should plea, have a motion or go to trial.

1 Answer | Asked in DUI / DWI for Georgia on
Q: 64 yr old retired man napping in car at waffle house--ticket "unsafe driving" DUI. Requested to go to hospital for blood

test. Was a Gwinnet county resident until recently widowed and evicted when house forclosed. Fine is $2006 and requires going to court. Without evidence of a breathlyzer will he be convicted? He was jailed at that time for 2 days and his license revoked and he has no money to pay.

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

He needs to go to the public Defender ASAP. In Georgia you can be arrested for DUI with circumstantial evidence. If he does not have funds he needs to get a PD. Just be mindful that one can subpoena the surveillance video outside waffle house and see if he drove there.

1 Answer | Asked in DUI / DWI and Car Accidents for Georgia on
Q: i was not informed of chemical test.

After being in a traffic accident I respectfully told the officer that I didn’t want to take breathalyzer because I am under doctor’s care and was afraid my med. Xanax would register. I only take it at night before bed. I was arrested after a field sobriety test. Then the officer took me to the... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Nov 28, 2018

Yes the fact that you were transported to the hospital indicates that you sustained serious injury. The fact that the accident was 9/18/18 is not too late for a hearing. However, i am concerned and you should also be concerned about being referred to Mental Health Court. However, you don't... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: Is there any help for folks who don't have money for a lawyer in Glynn Co.?

My son got a dui 2 years ago, has a court date in two weeks. The first lawyer we hired died. The 2nd lawyer that took over didn't want his case. Can't afford another lawyer. What can we expect?

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Nov 26, 2018

Apply for the services of the public defender.

2 Answers | Asked in DUI / DWI for Georgia on
Q: Can I get a DUI when I have a hangover?
Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Nov 12, 2018

Yes, you can.

View More Answers

1 Answer | Asked in DUI / DWI for Georgia on
Q: How many times can someone get caught drunk driving before the police will revoke a driver's license?
Ecleynne Mercy
Ecleynne Mercy
answered on Oct 31, 2018

The Georgia DDS will revoke your driver's license if:

You receive a 3rd conviction within 5 years for a violation that carries a mandatory suspension (e.g. DUI).

Your driver's license will be revoked for 5 years and you will be declared a “habitual violator."...
View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: I refused to blow but did the sobriety test . Was not drunk. Arrested. Never informed of chemical test.

I refused to blow and respectfully told the officer and provided my pres. under doctor’s care for MDD. I wasn’t sure of the accuracy or even know hoe breathalyzer work. I had not had one drink. I agreed to sobriety test was easy. arrested for dui. I did not know until the reading my papers that... View More

Ecleynne Mercy
Ecleynne Mercy
answered on Oct 31, 2018

DUIs can impact your life in so many negative ways. Your situation based on what you presented sounds like a case that should go to trial. You need an attorney. I've had to prepare for a DUI trial with similar facts. I will warn you that you may want to just speak to you attorney and NOT the... View More

2 Answers | Asked in DUI / DWI for Georgia on
Q: If I was proceeding to take a field sobriety test and touch my pockets when asked not to is this obstruction?

I was stepping out of my car and had my phone and keys in my hand and placed them in my pockets at the same time the officer asked me not to reach in my pockets.

Nicola Cummings
Nicola Cummings
answered on Oct 26, 2018

Not really but the officer can try to charge you for obstruction. Consult with a well-qualified criminal defense attorney for assistance.

View More Answers

1 Answer | Asked in DUI / DWI for Georgia on
Q: Got a dwi in ny will they extradite me back there ?

I live in georgia and wondering if they will send me back to ny for this

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2018

They may extradite you if you fail to appear. Contact a skilled NY traffic and DUI lawyer.

2 Answers | Asked in DUI / DWI for Georgia on
Q: Felony dwi in ny. I live in georgia. Will they extradite me
Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2018

I cannot answer this definitively and I don't think anyone has a crystal ball yet who could answer it but as a general rule felonies are more serious than misdemeanors so the chances probably go up on a felony versus a misdemeanor. Contact a skilled NY traffic and DUI lawyer as they can tell... View More

View More Answers

2 Answers | Asked in DUI / DWI for Georgia on
Q: Im facing a dwi charge in ny. Will georgia extradite me back there
David Edward Boyle
David Edward Boyle
answered on Oct 15, 2018

Georgia will not extradite you to NY for a NY charge, the question is whether NY will ask GA to arrest you and hold you for NY to pick you up. If the DUI is a misdemeanor it is very unlikely. However, this problem will not resolve itself and generally will only get worse over time. At some point... View More

View More Answers

1 Answer | Asked in DUI / DWI for Georgia on
Q: DUI - my brother got a DUI in July this year. He has two prior in November and December 2005. So 13 years ago.

Does the state of Georgia look at the prior two when sentencing for the one in Georgia? He also has Huntingtons disease which is like having Parkinson-ALS and Alzheimer’s simultaneously. He watched my mother die in February of the same disease. We don’t care about drivers license - he should... View More

David Edward Boyle
David Edward Boyle
answered on Sep 27, 2018

Yes, the court will consider prior DUI's in last five years (which impact license suspension), DUI's in last 10 years (which affect mandatory sentence requirements), and total number of DUI's and other criminal history in making a determination about a sentence. The jurisdictions... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: Ive comply requirements on two dui in diff probations i havent had my lic in past 8 yrs and all classes done all done

2010 june 19 I have a dui'/child endangerment first offense , sec offense I got a dui/ poss control sub charge I did first offenders, i got caught driving 3 times without licenses with a permit cops stated there was no statas of one I paid 230 for well so three charges was dropped to one... View More

David Edward Boyle
David Edward Boyle
answered on Sep 25, 2018

If you have 2 DUI's and 1 child endangerment by DUI charge then you would be a habitual violator and your license would be suspended for 5 years. After 2 years you can get a limited permit as long as your car has an ignition interlock device installed on it. If you violated your permit and... View More

2 Answers | Asked in DUI / DWI for Georgia on
Q: Can a drivers license be suspended even if there wasn't a DUI conviction (20 years ago)?
Ecleynne Mercy
Ecleynne Mercy
answered on Sep 17, 2018

I would need ALOT more information to answer your questions. Like what state? what happened? Etc. Etc. etc

View More Answers

2 Answers | Asked in DUI / DWI for Georgia on
Q: What are the penalties for 17 year olds who are caught drunk driving?
Nicola Cummings
Nicola Cummings
answered on Sep 16, 2018

The penalties are as severe as an adult being caught driving. while drunk. However, the threshold of proof is lower. The State has to show a less BAC. So, it depends on whether there is a BAC or not. Consult with a well-qualified DUI attorney for assistance.

View More Answers

1 Answer | Asked in DUI / DWI for Georgia on
Q: Are police legally allowed to stop you for swerving slightly on the road if they don't have a reasonable expectation

that you're actually drunk?

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Sep 4, 2018

Yes, they can stop you for even weaving within your own lane. It's absurd, but it is the law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.