Within ten days of your stop and arrest, you must request an Adminstrative License Hearing. The cost is $150.00 payable to the state to request the hearing. You should hire an attorney to represent you in the hearing and with your DUI. There are defenses and if you speak with an attorney review the facts, you get some insight into the process. If you do not request your adminstrative hearing you will not be allowed to drive during the pendancy of your DUI case because the ALS hearing usually occurs much earlier.
If you have additional questions, please contact me at (671) 994-4091.
This response does not create an attorney client relationship nor should the advice be relied upon because it is not specific to your legal situation. Before you depend on legal advice, you should retain competent counsel.
You, or your lawyer, should ask the judge for an Affidavit of First Conviction. As long as this is your first DUI conviction in a 5 year period, and you're not under any other kind of suspension, you are entitled to a limited work permit. This also assumes you are 21 years old, or older. If the judge does not want to issue the Affidavit of First Conviction then just take certified copies of te conviction from the clerk's office to DDS to get your limited permit.
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. 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.
If you have a Georgia driver's license and you want to know if it's still valid, call the Department of Driver Services at 404-657-9300 and follow the voicemail prompts. If that recording says you have a valid license, you can drive. You haven't stated whether you've been to court and been convicted, or you've just been arrested. If you have just been arrested, you need an attorney. If you've already been to court, contact DDS to find out how you can legally drive. DDS will not discuss your driving history with anyone except you and only DDS can tell you if you can drive.
I am an attorney. I am not your attorney unless you have signed a written contract with me and given me money. This is information for educational purposes only, and no attorney-client privilege exists.
A first DUI can yield a suspension for three reasons.
One, you are convicted. In that case, you can get a permit by going to DDS after you are sentenced, and then apply for, and pay for, the permit. Be able to prove its your first conviction.
Second, you blew over .08 and got an ALS- Administrative License Suspension. You can get "unsuspended" in this situation if you jump through some hoops. Any of the lawyers who have answered here, or I, can tell you what to do to fix this. Just call.
The third type is if you "refused" the breath or blood test that was requested at the time of your arrest. This type of suspension really stinks, because it is a "hard" suspension with no permit and no early termination. Its also called an ALS, but for a "refusal". If its less than ten days after your arrest, SEND IN THAT LETTER! If you don't, you are guaranteed that you won't drive (legally) for twelve months, unless you subsequently prevail on the DUI charge itself.
FWIW (For what its worth), I recently served at duty attorney at DUI court in my home county. There were ten people who had DUI's- only three had lawyers. Of the other seven, six people "refused" the test, and NONE of them had sent in the "ten day letter". They were NOT happy to learn the consequences of their inaction. Don't be penny-wise and pound foolish.Get lawyer. )That will be the only way to have any chance of "keeping it off your record", too.)
You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
Your question s not give the necessary facts in order to give a specific answer to your question. So here goes-- If you are over 21, you were not convicted with a blood alcohol level of 0.15 or higher, you did not refuse the States test and you are not suffering from an Administrative License Suspension or any other suspension you should be eligible for a limited driving permit. You should talk with your attorney (who represented you in the DUI) and make sure you are eligible for a Limited Driving Permit. If so the Court can sign an Affidavit stating that in the courts opinion you are eligible and qualify for the limited permit. However, most judges will quickly tell you that the Department of Driver Services (DDS) rules and regulations take precedent over the opinion of the court. finally, you may want to go to your local DDS office and inquire into your eligibility for the limited driving permit. Good Luck!!
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
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