Contact us today for a free case consultation. No one can physically force you to take a breath test after being pulled over. However, there are laws in place meant to dissuade However, when it comes to DUI charges in Georgia, record expungement may not be an option. A fourth DUI in Georgia is a felony, and offenders face the following potential penalties:. You only have 30 days from the date of your arrest to have your Georgia DUI lawyer file your license suspension appeal, commonly referred to as an ALS hearing.
The day letter is a request for a Georgia ALS hearing. At this hearing, your attorney will present arguments used to protect your right to drive.
If this hearing request is not made, your license may be suspended for up to one year. You can spend up to five years in prison and have your license suspended for up to ten years. Even if more than ten years have passed since your last DUI, the conviction could still impact you. The look-back period only indicates the minimum fines and jail time you could serve. The judge can still look at your entire history when deciding how to sentence you.
This means past offenders are likely to face stiffer penalties regardless of how long ago the last DUI was. There are only two ways a DUI can be expunged from your record in Georgia. You have to either win a jury or bench trial or have your case dismissed by the prosecutor. The only way to get either of these outcomes is to have an attorney who can build a strong defense. Your attorney needs to understand the chemical tests and their results.
They also have to know the correct police procedures for handling a DUI suspect. Their ability to spot procedural errors could be key in clearing your name.
A good DUI lawyer in Athens will question whether:. These are just some of the basic things your DUI lawyer in Athens will investigate.
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