Michael M. Hawkins’s Answers

Michael M. Hawkins

Atlanta DUI / DWI Attorney.

Contributor Level 9
  1. How does the Georgia 10-day Rule apply to a DUI for drugs?

    Answered 8 months ago.

    1. Michael M. Hawkins
    2. Adam M. Cain
    3. Zachary Walter Procter
    4. Steven P. Shewmaker
    5. J. Guy Sharpe Jr.
    6. ···
    7 lawyer answers

    There is no administrative suspension action for DUI drugs - only DUI alcohol. Even if your blood and urine screens return with a positive for drugs - whether you have a prescription or not, whether they are legal drugs or not, there is no administrative suspension action under Georgia law. Interestingly, if you refuse the chemical tests, administrative suspension is provided for under Georgia law.

    1 lawyer agreed with this answer

  2. Who is a good lawyer for a DUI Court Probation Revocation hearing in Savannah, GA?

    Answered 8 months ago.

    1. Michael M. Hawkins
    2. Steven P. Shewmaker
    3. Elmer H. Young III
    4. James Lawrence Yeargan Jr.
    4 lawyer answers

    Douglas Andrews and Steve Beauvais, particularly for a revocation involving a DUI Court.

    1 lawyer agreed with this answer

  3. I need advice on whether my dui lawyer is handling my 1st offense dui case properly

    Answered almost 3 years ago.

    1. Michael M. Hawkins
    2. Evan A. Watson
    3. Richard Timothy Jones
    3 lawyer answers

    A lawyer has a duty to keep a client informed and to communicate important events. If you feel that the lines of communication have broken down, schedule an appointment to go in and see your lawyer. Oftentimes the lawyer will realize that communicating by telephone, email or regular mail is less-time consuming than meeting with a client just to update on events. If your client is not willing to meet with you, send him a letter or an email and advise him that you are seeking a second opinion....

    1 lawyer agreed with this answer

  4. If someone has numerous DUI's on their record from 1975-96 and they receive another Dui in 09 are the Habitual Violater?

    Answered about 5 years ago.

    1. Michael M. Hawkins
    2. Douglas Blake Chanco
    3. Trey E. Phillips
    3 lawyer answers

    He will NOT be considered an Habitual Violator as the term is used under Georgia law. The "lookback" period is 10 years, so anythig prior to 1999 cannot be considered under the mandatory sentencing statute. That does not mean that the prosecutor will not recommend a significant jail sentence to the judge if he is convicted. The drivers license suspension will be treated as a first offense since he has nothing in the last 5 years, which is still the lookback period for licenses. If you...

    1 lawyer agreed with this answer

  5. Rehab instead of jail time?

    Answered about 5 years ago.

    1. Michael M. Hawkins
    2. Douglas Warren McDonald Jr.
    2 lawyer answers

    Child endangerment is punished the same as contributing to the delinquency of a minor, which does NOT carry mandatory jail time under the law, so the answer is YES it is possible. It depends on the facts and circumstances, the person's driving record, and the judge. Assuming it is a first offense and there was no injury or death: Here is the statute: An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of...

    1 lawyer agreed with this answer

  6. If my license is suspended at ALS hearing, how long does it take or what is the process to get permission to drive to school?

    Answered about 3 years ago.

    1. James Lawrence Yeargan Jr.
    2. Michael M. Hawkins
    2 lawyer answers

    If you are suspended on a first ALS after the hearing you can immediately get a work permit. Just go to DDS and apply. After 30 days, if you complete DUI school, you can apply for full reinstatement.

    1 person marked this answer as helpful

  7. 1 DUI in past, Citizenship application

    Answered over 2 years ago.

    1. Michael M. Hawkins
    2. Michael Lawrence Doyle
    2 lawyer answers

    I have seen this issue before, but I must tell you that I am DUI defense lawyer, not an immigration or citizenship lawyer. I will share with you an experience I had that may shed some light on your question. DUI is not a crime of moral turpitude, which is one of the issues that INS looks at. My understanding is that one of the grounds for denying an application is if INS finds that there is evidence that the applicant is an "habitual drunkard". In the case I handled, we were successful in...

    Selected as best answer

  8. Can i renew my green card with 2 duis

    Answered over 2 years ago.

    1. Michael M. Hawkins
    2. Emily M. Oberdorfer
    2 lawyer answers

    My best is advice is to contact an immigration lawyer, or to post this question under the immigration category on AVVO. Here is why - lawyers like me who specialize in DUI defense often rely on the input from immigration lawyers in a situation like yours. My experience with your issue is this - 2 years ago I represented a man from Belarus who was applying for citizenship here. He had a previous DUI and had been charged again. His immigration lawyer advised me that one of the criterion for...

    2 lawyers agreed with this answer

  9. Do"s the officer that witnessed the violation have to be present when a breathalyzer is administered

    Answered almost 3 years ago.

    1. James Lawrence Yeargan Jr.
    2. Zachary Walter Procter
    3. Michael M. Hawkins
    4. James Bartholomew Glasgow
    4 lawyer answers

    There is no requirement that the officer be present, but there may be an issue with the breath test. In Georgia, all breath tests must be preceded by a 20 minute observation period to assure that the driver does not belch, burp, vomit, etc. The Georgia Intoxilyzer 5000 Training Manual contains this information. Although it is not grounds to get the test thrown out of evidence, it certainly calls into question whether the presence of mouth alcohol could have caused an artificially high...

  10. If you are on probation for a DUI and would rather take a blood drug test rather than a urine drug test, is this legal?

    Answered about 3 years ago.

    1. James Lawrence Yeargan Jr.
    2. David Edward Boyle
    3. Michael M. Hawkins
    3 lawyer answers

    The starting point is to look at the sentence and see what the court ordered. Most court sentences in Georgia have a portion that lists conditions of probation in a "check-box" manner. Look at the language - if it says something broad like "submit to random screens to test for the presence of alcohol or drugs", than it is likely that the probation has discretion to designate the type of test. Most probation officers will request a urine screen because drugs can be detected in urine far...