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I was told by an attourney not to take a subriority test. After taking and not failing , but doing poorly on the roadside test,

Dawsonville, GA |

Finding no alcohol or drugs, I was arrested for DUI drugs.The reason I did poor is due to my previously broken femur bone. My miranda rights were not read and no one informed me that by refusing to give urine aren't blood, that I would lose my liscense for a year. I aslo was not informed that I have 10 days to get a permit to drive to and from work and appointments. I was incarcerated for 11 days and missed that grace period. My wife has a brain tumor n seizures, plus I have a 4 yr old that we can't get to pre school. So far, I have not been indited yet and nobody seems to be able to help me with my liscense or tell me what is going on. What are my options? I lost my job and my wife can't drive due to her seizure disorder.

Attorney Answers 6

  1. If you were incarcerated for 11 days, that should justify the delay in sending the ALS hearing request. Get an attorney on board as soon as possible to preserve your driving privileges!

  2. Your options are to get a lawyer and fight your case. If you are found not guilty you will get your license back immediately.

  3. You need an attorney ASAP. I would also go ahead and file the ALS appeal anyway and immediately. Send it by certified mail.

  4. Your options are:
    1. hire a lawyer immediately and get on top of this
    2. do nothing, let time pass, and make your situation even worse than it is.

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  5. Go ahead and file the 10 Day Appeal Letter anyway. As long as DDS gets it within 30 days of your arrest you are usually fine. Also, now that Georgia requires the $150 filing fee for these appeals if they cash your check, even after 30 days, this is acceptance of your appear. In either event, get your appeal letter in ASAP because if it is still within 30 calendar days of your arrest your license has not been suspended yet, and you can still easily stop this suspension.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

  6. You need to hire a lawyer and fight the case. Good Luck!

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