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I did not take the breathe test....what are the chances of winning the hearing

Lawrenceville, GA |

I was arrested in the city of duluth for DUI at a roadblock. I told him I had a margarita at a restaurant with dinner. He asked me to take field test and gave me the HGN (eye test). He said I didnt blow hard enought for the handheld breathe test and told me I was going to jail tonight...then he asked me to take the breathe test on the machine and I told him what's the point because you already told me I am going to jail tonight regardless. He told me I did not have to take it. I said fine. At this time I did not know that my license would be suspended because I didnt take the test but he told me I did not have to take it so I didnt since I was going to jail anyway, in my mind, I was thinking whats the point. He then released my vehicle to my passenger who had the same thing I had to drink which was a margarita. I asked him how can you release my vehicle to my passenger and we both had the same thing to drink. He then said well I can have your vehicle towed so I agreed to him releasing my vehicle, but still totally confused because I was going to jail. I am an upstanding citizen and I followed the rules by having one drink and still ended up in jail. Where is the justice? Now my life is in disarray and I am having to spend the money that I had saved to refinance my home to fight DUI charges and losing my license for an entire year. I have no intensions on pleading guilty because I am truely innocent and was not drunk driving. One drink...dinner and home and now I am part of the system and fighting for my life all because of a prick officer who had the nastiest attitude. He never told me I could lose my license for a year when i told him I wasnt going to continue cooperating with him since he had already told me I was going to jail. My court date is Feb there anyway I can possibly get to keep my license? How can I keep the insurance on my car it renews in Feb? How can I not loose my license? If I cant drive I cant get to work and I am not going to take a plea and have employers thinking that I am an irresponsible drunk all because of a jackazz officer. This is a prime example of why the public hates the police...because they are corrupt and not always out to protect and serve.

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Attorney answers 3


Obviously, you have many issues that a good Georgia DUI Attorney can help you with. Many of them offer free consultations. You have the right to fight your suspension and criminal DUI. I recommend that you contact William Head, a brilliant DUI Attorney.


You have ten (10) days from the date of your arrest to file for an Administrative License Suspension Hearing. You can fight the case on the basis of the roadblock (consitutionality) and other factors. A first DUI offense carries a minimum $300.00 fine, 24 hours in jail and 40 hours of community service. There are other punishments such as DUI School, Drug and Alcohol Evaluation and Treatment and Victim Impact Panel. If you do not win the Administrative License Suspension Hearing you are not eligible for a Work Permit. You definitely need representation.


The police are required to inform you of certain rights you have under Georgia Law. I would advise seeking the advice of an attorney to discuss the specific facts of your case.

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