Common Concerns About DUI
DUI charges should never be taken lightly. Not only could an individual lose or have their driver’s license suspended, but they can also be subjected to jail time. At Overman & Overman LLC, we have aggressively represented the rights of those looking to beat a DUI charge in Georgia. Following, we share some of the most frequently asked questions we have addressed in our office, hoping the answers might be useful for you or a loved one.
If I am asked to perform a field sobriety test, can I refuse?
You may decline a field sobriety test. Field sobriety tests can include a variety of roadside tests, including the walk-and-turn test, the one-leg stand test and the horizontal gaze nystagmus test. On the other hand, refusing to take a chemical test (breath or blood) can have long-term consequences. If you have a driver’s license, you implicitly consent to accept any chemical testing per law enforcement’s request. If you refuse, you might be facing an implicit consent violation that could lead to an automatic suspension of your license. A prosecutor could also use this against you and that might lead to more severe penalties.
How could a DUI affect my CDL?
If you hold a commercial driving license (CDL), DUI penalties may be even more stringent than for regular drivers. Commercial drivers may be subject to a suspension or ban at a first conviction, which means that drivers may not be able to reinstate their licenses in Georgia. Any conviction to a Georgia resident outside the state counts before law enforcement. Therefore, drivers may lose their driving privileges even when such conviction did not occur on Georgian soil.
What are the penalties for a second DUI in Georgia?
A second DUI within a 10-year period in Georgia is generally treated as a misdemeanor, with the threat of jail time and probation. Additional penalties according to Georgia DUI laws can include significant fines, community service, an extended driver’s license suspension and more. In Georgia, DUI includes driving under the influence of alcohol, drugs or a mix of both. Because penalties will vary based on the circumstances of the arrest, where the offense took place and more, working with a lawyer from the start is critical to understand what to expect.
What would happen if I was not read my Miranda rights?
The truth is that whether an officer reads you your Miranda rights or not, it does not often make a significant difference in DUI arrests. Instead, law enforcement should read your implied consent rights to acknowledge your legal responsibility to submit to the tests requested. Remember that you have the right to refuse these tests, as well as the right to a lawyer to make your case and protect your rights.
For decades, we have fought to protect our clients’ driving privileges. Learn what we can do for you.
More Questions? Reach Out Today
Call 770-676-3177 or toll-free at 877-857-9471. You may also send us an email using our secure online contact form. Whether you are a first-time DUI offender or have had multiple DUIs, we can answer your questions. Your consultation is confidential. We are proud to serve clients from our office in Fayetteville across the state of Georgia.