Once you are arrested and charged with a DUI offense you have 30 days following your arrest to schedule a hearing in order to avoid license suspension or to install an ignition interlock device. If you choose to schedule a hearing, the request must be made in and writing and received within 30 days following your arrest and charging. Many people do not know that they have the option to choose and instead just let the process continue without putting up a fight. If you do not schedule a hearing or request an ignition interlock device and instead plead guilty to the charge(s) you will have your driver's license suspended for a period of time. Even if this is your first DUI you may face up to 1 year of license suspension with the possibility of a restricted license after the first month. If during the incident you were charged with refusing a breath, blood, or urine test you will have your license suspended for a year with no option for a restricted license to get to work, school, and doctors appointments. This type of suspension is often referred to as a “hard suspension”.
If you do have a suspended license, you have the right to appeal the decision. A qualified Henry County DUI attorney can request an ALS hearing and present the necessary evidence to have your license reinstated.
DUI Attorney in Henry County
If you do elect to go through with an ALS hearing there are several legal issues that are considered in order to restore your ability to drive, such as:
- Did the arresting office have a reason to believe that you were controlling a vehicle or driving while under the influence of drugs or alcohol?
- Did an accident causing serious injury or death result from the incident?
- Were you advised of your implied consent rights and what the consequences of blood alcohol test refusal could be?
- Did you actually refuse the blood alcohol concentration (BAC) test?
- Was your BAC above the legal level of .08% or above for an adult, .02% or above for individuals under 21, or .04% or above for an individual with a commercial driver's license?
- Were the field sobriety and BAC tests administered properly by a qualified individual and were you informed of your right to choose an independent company to test your BAC?
These issues along with other legal question will help determine whether or not you will be able to retain the use of your driver's license. A good DUI defense lawyer in Henry County will be able review your case and potentially provide the judge with evidence that there were no reasonable grounds to arrest you. Even if your hearing is not successful you have the right to appeal the decision.
Contact a Henry County DUI Defense Lawyer from Lawson and Berry to guide you through the process and fight relentlessly and professionally for your defense.