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Driving Under the Influence: Frequently Asked Questions

The period of time immediately following a DUI arrest can be quite confusing. However, Marietta DUI lawyers Webb & D'Orazio are willing and available to assist persons through this process, so a speedy resolution to your case can be achieved. If either yourself or your loved one has been arrested, you will be interested in the answers to some of these most commonly asked questions about DUI charges.


What is the first thing I should do if I am arrested?

After having been arrested, the first thing you should do when released is request an Administrative License Suspension (ALS) hearing. This hearing must be requested within a period of ten days after the arrest. If this is not done within that period, your right to contest your license suspension is waived and the suspension will commence.

Can I handle my case without an attorney?

It is not advisable for you to attempt to handle your case without the assistance of an attorney, although it is possible. An attorney with experience in DUI defense practices will be knowledgeable about the DUI and administrative laws as well as any time constraints and defense tactics available to achieve a reduction or dismissal of the charges.

Is it wise to accept a plea bargain?

Only an attorney that you select can answer this question. In some cases, a plea bargain can be a viable option, such as when pleading guilty may result in getting a charge significantly reduced or receiving penalties that are somewhat lighter. This varies from case to case.

If I get placed on probation, what happens if I violate it?

If you are placed on probation, you are basically going through a "trial phase" where your actions will be heavily scrutinized. In some instances, a probation officer will make regular checks. If any of the terms of your probation are violated, you can face an arrest or even stiffer penalties that the original ones. It is therefore essential that you completely understand the terms of your probation.

Can I refuse a field sobriety test?

It is important to understand the difference between a standardized field sobriety test and chemical testing, which could include blood, breath, and urine testing. According to implied consent laws, it is illegal for you to refuse a chemical test, so refusal could lead to an automatic suspension of your license. You can refuse a field sobriety test, as it is not illegal to do so, but you may likely be arrested. An officer can require a chemical test, after a lawful arrest has taken place.

How can I get my license back?

After having been arrested for DUI, you have the opportunity after an ALS hearing to get back your driving privileges. If you are unsuccessful, it may be possible for you to petition for a hardship license. This license will allow you to drive only to certain locations and at specific hours of the day. If you have already been convicted, the Georgia Codes dictates the eligibility of a driver to seek reinstatement with the Department of Driver Services.

Can I get a DUI while Parked?

There was a time where “sleeping it off” seemed harmless, but today it can actually get you charged with a DUI. “How is this possible?” You might ask yourself that, but sadly it happens more than you think. If an officer sees someone in their car, even if it is not moving, they may make a determination that the person had the intent to drive. The result is that you may be cited for DUI.

As Marietta's premier DUI attorneys, don't take the chance of fighting this by yourself. Give us a call  at Webb & D'Orazio and our experts will help you.

Contact Marietta DUI lawyer Webb & D'Orazio today at (770) 952-7000 if you have any questions. Although this is not a comprehensive list, it serves as a general guide to some of the questions concerning DUI arrests, that are frequently asked.

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