Lance Warren Tyler's Answers

Can someone go to rehab rather than going to jail they know revocation is likely?

Richard is right. The options available to you will depend on the probation officer, the judge, and the facts in your case. You need to retain counsel for the probation violation and the subsequent DUI. It sounds like the attorney who represented you on the first DUI did a good job. Contacting him or her may be a good place to start.

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Does Implied Consent mean the breathalizer. What is officer refused to give you breahalizer or FST if you requested?

As Mr. Young explained above, Implied Consent is a complex issue which allows the officer to request a test of your blood, breath, or urine after first placing you under for DUI arrest (or having probable cause to believe you were DUI in some cases). The officer is not required to administer field sobriety evaluations or to administer a preliminary breath test (Alco-Sensor) prior to arrest, even if you request it. Only after first submitting to the requested state test, are you are entitled to...

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Officer withdrew charges against my license for dui less safe at the als hearing so what will happen next?

You should take advantage of the free consultations offered by any number of DUI defense attorneys on AVVO. During the free consultation, most DUI defense attorneys will tell you what you are facing on a plea of guilty to DUI as well as how to defend against the charge. If you are contesting the DUI, you will need an attorney to get through motions and trial. If you cannot afford an attorney, even with a payment plan, you will still have a better idea of what you are facing and what to be sure...

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DUI conviction but he passed all field sobriety tests and there is no evidence as the police officers car camera doesn't work.

Your boyfriend should consult with a DUI defense attorney who practices in your area. Depending on the facts in his case as well as the time frame of his plea, it may be possible to withdraw the plea and contest the DUI. Whether that will makes things better or worse is something an attorney can advise during a consultation.

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Question about ALS

Bob is right. If the arresting officer did not give you a copy of the DDS 1205, it does not mean that he did not submit the original, with or without your license, to DDS. I always recommend sending a "10 day letter" whenever someone has refused the state test or has a BAC over the limit. If the officer did not send in the DDS 1205, no harm; if he did, you have saved your right to the appeal. The field sobriety evaluations are voluntary, including the Alco-Sensor or other small hand held...

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DUI versus Failure to maintain a lane

Robert's answer is absolutely dead on. Most DUI defense attorneys offer a free initial consultation and will help her with the request for an ALS hearing without charge. She should interview a couple of attorneys to get a feel for expertise, experience and strategy. A referral from someone who has used the attorney's services and had a good outcome is the best way to find an attorney who will do a good job for your mother. I wish her the best in what is a trying and stressful situation.

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Can I drive on a DUI Citation?

You should not be in the position of having to drive on your copy of the citation. If you were driving on a Georgia license and refused the State test or if your BAC was over the per se limit (0.08 for over 21), the officer should have attached your license to a DDS Form 1205 notice of suspension and 30-day temporary driving permit and served you with a copy to drive on. If you submitted to a blood test and the results were unknown, the officer should have affixed a DDS Form 1127 sticker to...

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Can you have a misdemeanor conviction D.U.I. ( controlled sunstance), Pardoned in the State of Georgia? If so how?

You may apply for a pardon if your conviction was in a Georgia court. For this, you must finish serving your sentence and wait five years before you will be eligible. During the five years, you cannot have committed any crimes. You cannot have any unpaid fines or have other charges pending against you. You can get the application from the Parole Board. There is no charge to apply. See [http://www.pap.state.ga.us/opencms/opencms/].

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At my hearing the officer did not show up and the Judge cancled the hearing, is my liencse suppended or can i get a new one?

If the Order is in your favor, you can take it to DDS and get your license. If you are unsure whether the judge rescinded the suspension, you can call DDS at (678) 413-8600 to find out the status of your license. You may also call the Judge's assistant (see www.osah.ga.gov for a directory). Keep in mind that if you are convicted of DUI, there will be a license suspension. Good luck with your case.

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Is 3 dui's considered a felony in the state of georgia?

A third DUI within ten years is a high and aggravated misdemeanor with serious repercussions to your license and mandatory jail time. Driver's under 21 years-of-age may be notified of Habitual Violator status for 3rd DUI conviction within five years. Anyone charged with a third DUI should consult with a DUI defense attorney as soon as practicable.

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