WARNING
When arrested for drunk driving in Cherokee County, the state will seek to suspend your driving privileges.You have just 10 Days from the date of your arrest to request a special hearing or you will automatically lose your driver's license. Please give us a call at Meyers and Meyers Law and we will walk you though the process step by step. 770-479-5257
DUI Over View
The state of Georgia has serious laws pertaining to driving under the influence. Anyone who violates the DUI driving laws will be facing serious criminal prosecution. It is imperative to obtain an experienced DUI lawyer if you have been charged with a DUI offence. An established Atlanta DUI lawyer will protect your rights and fight aggressively for you at each stage of the DUI process.
Georgia DUI Law
In the state of Georgia it is illegal to drive or operate a vehicle with a blood alcohol concentration (BAC) of .08% or more. A driver can also be charged with DUI for being “less safe.” Under these provisions, the prosecution must prove the driver is “less safe” to drive to due alcohol, drugs, or other intoxicants. Most drivers arrested for being “less safe” have a BAC between .05% and .07%. However, if the prosecution can collect enough evidence, drivers who have a BAC less than .05% can be arrested and charged under this provision.
For people under the age of 21, it is illegal to drive with a BAC of .02% or more.
Two Part Process
There is a two part legal process to occur after an arrest for DUI happens. A criminal case is established first and then an administrative license suspension hearing follows.
Your driver’s license will automatically be suspended after the initial arrest. It is important to schedule an administrative hearing first with the Georgia Department of Driver Services. This allows you the opportunity to salvage your driving privileges by contesting the evidence submitted by the state. If this is successful your driver’s license will be reinstated at the hearing. It is important to know that this hearing is only allowed to be scheduled 10 days after the arrest. If the hearing is not scheduled within this time frame your driver’s license will be suspended for at least one year.
In addition to this hearing you will also be required to appear in criminal court for the criminal charge of driving under the influence. This part of the legal process allows you to plead guilty, not guilty, or no contest to the charges against you. If your case progresses to a trial, a jury will be selected. If you are found not guilty, all charges will be dropped and you will be free to go. If you are found guilty of DUI, the judge will enforce a sentence.