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Why Request A DMV Hearing In Alpharetta GA?

DUI case what our DUI Lawyer does in Alpharetta GA

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February 6, 2023

Why Request A DMV Hearing In Alpharetta GA?

Why request a DMV hearing? We almost always request a DMV hearing and we primarily do it for two reasons. First, if there is no hearing, you lose your license no questions asked. We believe that you shouldn’t lose your license without a fight. Second, we generally request that the officer be present because it gives us an opportunity to question the officer and get a feel for what he will be like if and when we go to trial. And of course, if he doesn’t show up it’s an easy win. If you’ve been charged with a DUI don’t go at it alone, call us at the number listed below or the website.

5 Tips to Help Avoid a DUI Conviction

If you are ever arrested for drunk driving (also called DUI for “driving under the influence” or DWI for “driving while intoxicated”), your experience will begin with an officer stopping you because of some questionable driving pattern, or possibly because you encountered a DUI “sobriety checkpoint” or you were involved in an accident. The officer will approach your car and ask some questions. You will then be asked to perform “field sobriety tests”.

He may also ask you to breathe into a handheld device, technically called a PBT or “preliminary breath test”. You will then be arrested. On the way to the police station, you will be asked to submit to a breath or blood test — and told that if you don’t, your driver’s license will be suspended. What should you do and say during all of this to minimize the risk of a criminal conviction and a license suspension?

1. Politely decline to answer any questions without an attorney present.

It is a cardinal rule in legal circles that only incriminating statements are included in police reports and later testified to in court; statements pointing to innocence are invariably ignored, forgotten or misinterpreted. Bluntly put, whatever you say will almost never help you and can only hurt you.

2. Decline to take any so-called field sobriety tests.

These are theoretically intended to determine impairment, but in fact, are designed for failure. In most cases, the officer has already made the decision to arrest and is simply going through the motions and gathering further evidence to bolster his case (he is the one who decides whether you “pass” or “fail”). In almost all states, you are not required to submit to this “testing”. It’s unlikely that taking it will change the officer’s decision to arrest.

3. Decline to take a “PBT” (preliminary breath test).

These handheld units are carried by officers in the field to help decide whether to arrest or not and are notoriously inaccurate. In most states, drivers are not required to submit to these tests (in some they are required if you are under 21). Although most states admit the results of these tests into evidence only to show the presence of alcohol, some permit them to prove the actual blood-alcohol level.

4. Do you choose blood, breath — or refuse to take any chemical test?

This is a case-by-case decision and involves a number of considerations. First, although blood tests are subject to many possible errors, they are generally more accurate than so-called “breathalyzers”; if you feel your blood-alcohol level is below .08%, then you might want to choose the blood test. Secondly, whether to submit to testing at all requires some knowledge of your state’s laws — specifically, the consequences of refusing.

If the increased criminal penalty and license suspension do not outweigh the possible benefit of depriving the prosecution of blood-alcohol evidence, then you may wish to refuse. Bear in mind that the prosecution will charge you with two offenses, DUI and driving with over .08% blood alcohol; without a blood or breath test, he cannot prove the .08% charge, and there will be no chemical evidence to corroborate the officer’s testimony. You should also realize that in many states chemical evidence of a very high blood-alcohol level, say over 5%, can trigger more severe penalties.

In almost all states, your driver’s license will be immediately suspended if either (1) the chemical test results are .08% or higher, or (2) you refuse to submit to testing. You have a right to a hearing to contest this administrative suspension, and there are many possible defenses, many of them technical in nature.

This hearing is usually separate from the criminal proceedings, and involves different procedures and issues than in court; it is not uncommon to lose the criminal case but win the suspension hearing. However, as most motor vehicle departments do not really want the time and expense of providing these hearings, they tend to provide notice of the right buried in fine print given to arrestees. The critical information is the requirement that an actual demand for the hearing must be made by the arrestee — usually within ten calendar days. If you do not contact the DMV within ten days, you lose all rights to a hearing — no matter how good a defense you may have.

5: Get an attorney right away, or make the call yourself — and make sure you can later prove you made the call within the ten-day window!

Read More: What to do if pulled over for DUI in Georgia?

How we can help

A DUI (Driving Under the Influence) lawyer specializes in representing individuals who have been charged with DUI offenses. Here are some ways our DUI lawyer can help:

1. Legal Knowledge and Expertise: DUI laws can be complex and vary from jurisdiction to jurisdiction. At Bobe & Snell, our DUI lawyer has in-depth knowledge of the relevant laws, regulations, and legal procedures surrounding DUI cases. They can explain the charges, potential consequences, and available defense strategies based on their expertise.

2. Case Evaluation: Our DUI lawyer will thoroughly review the details of your case, including police reports, breathalyzer or blood test results, and other evidence. They will assess the strength of the prosecution’s case against you and identify any potential weaknesses or inconsistencies that can be challenged in court.

3. Defense Strategy: Based on their analysis of the case, our DUI lawyer will develop a defense strategy tailored to your specific circumstances. This may involve challenging the legality of the traffic stop, the accuracy of the breathalyzer or blood test results, or the conduct of law enforcement officers during the arrest.

4. Negotiation: In some cases, at Bobe & Snell our DUI lawyer may negotiate with the prosecution for a plea bargain or reduced charges. We can advocate for alternative penalties or treatment programs that may minimize the impact on your driving record, insurance rates, and criminal record.

5. Court Representation: If your case goes to trial, our DUI lawyer will represent you in court. We will present your defense, cross-examine witnesses, and argue on your behalf. Our experience and knowledge of trial procedures can help ensure your rights are protected and that evidence is properly evaluated.

6. License Suspension Appeals: Our DUI lawyer can assist with administrative hearings to contest a driver’s license suspension or work to obtain a restricted license that allows you to drive to work or other essential activities.

7. Legal Guidance and Support: Throughout the entire process, our DUI lawyer will provide guidance, support, and advice. We can answer your questions, address your concerns, and provide you with peace of mind during a stressful time.

It’s important to note that specific tactics and strategies employed by our DUI lawyer will depend on the unique circumstances of your case. Consulting with a Bobe & Snell DUI lawyer as soon as possible after a DUI charge is highly recommended to ensure you receive the best possible legal representation.

Call Bobe & Snell Today (470) 268-5802 

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