George C. Creal, Jr. P.C.

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(770) 961-5511

George C. Creal, Jr. P.C.

If an officer believes that a person is under the influence of drugs as opposed to alcohol, then they may designate a blood or urine test in lieu of a breath test. Sometimes drivers will perform poorly on field sobriety tests and show signs of impairment but test negative for alcohol. Also once someone has been arrested, the officer will conduct an inventory search of their vehicle or a search incident to arrest; if drugs or drug paraphernalia is found, the officer may ask for a sample of the suspect’s blood.

What Can I Do If I Missed The Deadline To File For An Administrative Hearing?

Many people do not realize that when they are arrested for DUI, that they can be subject to an administrative license suspension of their driver’s license or driving privileges for refusing a test or registering over the legal limit for alcohol. If a person misses the deadline to file for an administrative hearing, they will not have any recourse unless they can prove excusable neglect. An individual has 30 calendar days to request a hearing from the date of arrest. Once their license has been taken, an individual will receive a Georgia Department of Drivers Services or DDS-1205 form, which is a 45-day temporary license and notice of intent to suspend their license in 46 days. If an individual refused the chemical test, then their license will be suspended for one year; if they consented to the chemical test, then their license will be suspended for 30 days for a first DUI, progressively longer suspensions for subsequent DUIs. A first offender who submits to testing and registers over the legal limit will be allowed to obtain a limited driving permit during these suspension periods.

What Actually Happens At The Administrative Hearing?

The driver’s license hearing is a civil administrative hearing that addresses whether or not the arresting officer had reasonable grounds or probable cause to arrest for DUI, as well as whether or not the defendant refused the state administered chemical testing or registered over the legal limit. Typically, the police officer will be present at the hearing but will not have a lawyer representing them from the state. There are circumstances under which a statement made by the defendant while at a driver’s license hearing or an agreement to plead guilty to DUI in consideration for a withdraw of the administrative license suspension request could be used against that defendant at their criminal trial and weaken their ability to effectively fight the DUI in criminal court.

What Is The Statute Of Limitations For A DUI Charge In Georgia?

The statute of limitations for a DUI in Georgia is two years, which means a prosecutor must file formal charges against a defendant within two years. The statute of limitations for a fourth-time felony DUI in Georgia is four years.

How Does Law Enforcement Protocol Change If Police Suspect An Accident Has Been Caused By A DUI Driver?

If the police suspect that an accident has been caused by a DUI driver, they will first deal with the accident itself by taking care of the victims, clearing the scene, and sending off the other driver. The police will then begin a DUI investigation as they would under normal circumstances.

What Kind Of Evidence Do Police Look For At The Scene Of A Potential Drunk Driving Accident?

At the scene of a potential drunk driving accident, the police will be looking for signs that indicate that the driver is intoxicated, such as the odor of alcohol, dilated or pinpoint pupils, unsteadiness, and unusual language or actions. They will also be looking for open containers of alcohol, drugs, and drug paraphernalia in the vehicle.

Do Police Administer Roadside Tests At The Scene Of A Drunk Driving Accident?

Depending on the condition of the suspect or driver at the scene of a drunk driving accident, the police may decide to administer roadside tests. If they choose not to, then they will usually take the suspect to the hospital and obtain implied consent, actual consent and/or a warrant for a sample of their blood.

For more information on Change In Georgia DUI Police Protocol For A DUI Drug Scenario, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 961-5511.

George C. Creal

Call Now For A Case Evaluation
(770) 961-5511