Defense of your right to Drive
If you have been arrested for DUI in Lawrenceville or anywhere in Gwinnett County, your license could be suspended. Within 30 days of your arrest, you must request a hearing to challenge the suspension of your license or install an ignition interlock device. The request must be in writing and should be done with the assistance of a Gwinnett County DUI attorney who is familiar with the process.
DUI Attorney in Gwinnett County
During the ALS hearing, a hearing officer will determine the following:
- Were there reasonable grounds at the time of the arrest to believe that the client was under the influence?
- Was there any injury, accident or fatality that occurred at the time?
- Was the client informed properly of implied consent rights and what would happen if the client refused to be tested for alcohol or drugs?
- Did the client refuse to be tested for alcohol or drugs?
- Did the test register above the legal limits (.08% for adults, .02% or above for 21 years of age and .04% for a licensed commercial driver)?
If police procedures are not correctly followed in the arrest or in the testing or if the testing equipment was not used or maintained properly, there may be grounds for challenging the suspension of the client's driver's license. An attorney from the firm can bring these matters before the hearing officer.
If you have been arrested and charged with DUI, it is essential that you speak with an attorney immediately. There are only 30 days to take action if you want to keep your license. The firm has successfully defended clients and allowed them to retain their right to drive.
IGNITION INTERLOCK DEVICE
Within 30 days of your arrest, you must either request an ALS hearing or install an ignition interlock device on your vehicle. After installation, you need to go to the Georgia Department of Driver Services to apply for an ignition interlock permit. If you took a blood, breath, or urine test, then the device must be on your car for at least 120 days. If you refused testing, the device must be on your vehicle for 12 months and cannot be removed for any reason. Even if you win your case or it is reduced to reckless driving, the device will have to stay on your vehicle.
This is a big change from the past when winning the underlying case, or getting it reduced to another charge, eliminated the administrative license suspension. That is why installing the device is a big commitment, and it is not for everyone. When facing this decision, please call one of our Gwinnett County DUI Lawyers to help evaluate your options.
However, the interlock option does open up the opportunity to fight more cases. Many of our clients, in the past, have had to make the difficult decision to enter a plea of guilty, just to save their license. No more! Now, we have the opportunity to fight a person's cases without facing a hard suspension of their driver's license.
That being said, there are risks. Even a minor traffic offense can result in the interlock permit being suspended for six months. We ask our clients to let us know if they have received a ticket, so we can help them avoid a suspension.
Contact a Gwinnett County ALS hearings attorney from the firm today for aggressive legal guidance.