30-Day Rule for DUI Cases
Forsyth County DUI Lawyer – 678.829.2826
After being arrested and charged with driving under the influence (DUI), you have a limited amount of time to file a request for an administrative license hearing or the installation of an ignition interlock device (IID) in your car. Following an arrest or license suspension, you only have 30 days to act. It is important that you contact Richman Law Firm as soon as possible to ensure that your rights are protected and that your driving privileges are defended.
At my firm, I can take the time to review your case and ensure that we move toward securing the best possible resolution to your case as soon as possible. Working with a Cumming DUI lawyer can make all the difference in the outcome of your criminal proceedings and your administrative hearing.
Contact my firm for DUI defense representation in Forsyth County.
Preparing for Your Administrative License Hearing
Administrative hearings are separate from criminal proceedings and are not presided over by a criminal judge. During this hearing, which is ran by the Georgia Department of Driver Service (DDS), evidence will be brought forth to support the suspension of your license, and you and your attorney will have a chance to speak regarding these findings. Without presenting a case at the administrative hearing, regardless of your innocence in the DUI case, your license will automatically be suspended for at least one year. If you refuse to submit to a mandatory chemical test, your license will also be suspended automatically.
It does not matter if this is your first, second, or third DUI offense, you will have a chance to defend your driving privileges at an administrative hearing. Under Georgia law, your license appeal letter must be submitted with necessary payment. Once the payment has been processed and the letter has been received, you will get a scheduled hearing date. At this hearing, your arresting officer, your attorney, yourself, and administrative officials will come together to determine the future of your driving privileges. While the officer will argue for the suspension, your lawyer will have a chance to testify in your defense.
When working on your case, evidence and information I will want to consider for your hearing includes:
- Your driving record
- Your criminal history
- Your day-to-day needs (driving to work, school, etc.)
- Potential officer biasness against you
Volunteering for IID Installation
New Georgia State laws (circa July 2017) have added a new provision to rules and regulations regarding automatic license suspension. If you do not want to file and fight for an appeal, and you do not want to simply let your license be suspended, you can petition to the DDS and an administrative judge within 30 days of your arrest for the installation of an ignition interlock device in your car for at least 12 months. You will have to pay for the installation, removal, and monthly maintenance taxes on the device. Even if you are found not guilty of a DUI, the IID will stay in your car all the same.
Using an IID to avoid license suspension can be beneficial but it can also be a financial and general burden in your life. Speak to me about choosing whether or not to ask for an IID before making that decision alone.
Work with a Forsyth County DUI Lawyer
When you work with my firm, I can look into your case and help ensure that your rights were not violated during the course of your arrest. I have years of experience handling complicated criminal cases and I have been able to successfully reduce or dismiss charges for clients facing DUI penalties in and around Cumming and the Forsyth County area, as well as the surrounding North Georgia counties. I offer complimentary consultations, and I can meet you at your convenience.
If you have been arrested, or if you have questions and concerns regarding a pending DUI case, do not hesitate to contact the Cumming DUI attorney Richman Law Firm today.
