Decades Of Criminal Defense Experience
Answers To Your DUI And Traffic Violations Questions
An arrest for drunk driving in Georgia can result in extremely serious and long-term consequences. And even traffic violations can become a part of your permanent driving record. It is therefore important to have an experienced DUI and traffic defense lawyer on your side who can answer your questions, and who will aggressively fight all charges for you.
I am Savannah attorney Lynne Fleming, and for over 20 years I have been defending individuals in drunk driving and traffic violations cases. As a former prosecutor in over 120 felony jury and bench trials, I can anticipate the approach that county attorneys will take concerning your case. I come fully prepared to defend your rights in the courtroom.
Below are some answers to commonly asked questions regarding DUI and traffic violation cases.
Do I have to submit to a breath test?
Georgia law does require you to submit to a breath test if you are suspected of being under the influence. Under implied consent laws, the refusal to take a breath test may be viewed the same by courts as failing the breath test. The refusal to submit to such a test in any case can result in a license suspension. A refusal may also result in police then obtaining a warrant to administer a blood or urine sample, and an automatic one-year license suspension.
You do have the opportunity to appeal a license suspension due to such a refusal, but it must occur within 30 days. If the officer did not have probable cause to pull you over to begin with or if the officer fails to follow other procedures under the implied consent laws, there is a chance that the test results will be inadmissible in court.
Will I have to serve jail time for a DUI arrest?
While there are a number of factors that determine whether you will have to serve time in jail, ordinarily those facing their first DUI offense will face a jail sentence of 10 days at most. However, there is a much greater chance of serving additional time following subsequent DUI offenses.
Also, do keep in mind that jail time is not your only concern. A DUI conviction can result in a large number of other penalties, including fines, court costs, community service, license suspension, license reinstating fees, participation in an alcohol assessment program or treatment, and attendance at a victim impact panel.
What happens if I was involved in an accident at the time I was charged with DUI?
An accident at such a time could result in much more serious charges. This could include assault with a motor vehicle, manslaughter or even vehicular homicide charges. For more information about DUI and traffic stops, contact Fleming Law, PC, online or by calling 912-598-6022 now.