Carrolton DUI Lawyer
The Law Offices of Richard S. Lawson is a Georgia law firm specializing in DUI defense. Our DUI Attorneys in Carrollton have helped thousands of individuals throughout Georgia avoid convictions for DUI or DUI related offenses. Our Carrollton DUI Lawyers have the skill and experience to help you obtain an excellent outcome for your case. Being arrested and accused of DUI does not mean you are guilty! Call now for a free case evaluation.
If you have been arrested for DUI in Carrollton, you only have thirty days for your Carrollton DUI Lawyer to file an appeal of your driver's license suspension. Otherwise, you are facing a license suspension for up to a year. If arrested for a DUI and you refused testing, the State can take your license away. The State often leverages the possibility of losing your license to force drivers to plead guilty to DUI. Then, their license is suspended for 12 months. Do not let this happen to you! Let our Carrollton DUI Lawyers help you!
The first step to avoid this automatic license suspension is to request an administrative license hearing using the 30-day letter. Our DUI Attorneys in Carrollton will file the letter for you within the 30-day deadline. Some people have a choice whether to file the 30-day letter, but in cases of a refusal, a 30-day letter must be sent.
A failure to file for an ALS hearing will result in the Department of Driver Services (DDS) suspending your license for one year. There will not be an option to obtain a limited driving permit to get you to and from work or school. This will be a hard suspension of your license.
Can I Refuse a Blood or Breath Test?
Refusing a DUI breathalyzer test can result in serious consequences. If a police officer pulls you over and you refuse to take the state-mandated chemical test, you risk your driver's license being suspended even jail time. There is a lot of confusion about which tests are voluntary and which one is the state-mandated test. As a result, some people took a breath test when they didn't have to or refused the mandatory test. Our team of Carrollton DUI Lawyers have been handling refusal cases for over 25 years. We are highly qualified to handle your situation, and we will find both legal and factual defenses to support you. Just because you refused testing does not mean your case is over! There are many criminal defenses at your disposal, but it starts with hiring the right DUI lawyer in Carrollton.
Which Test is the Mandatory Test for DUI in Georgia?
Many of our clients mistakenly believe that the handheld Alco-sensor test is mandatory. The Alco-sensor test administered on the side of the road during a police stop is not required! It is a field sobriety test and not the chemical test.
Only after a lawful arrest can a law enforcement officer ask an individual to submit to a chemical test. The arresting officer has numerous protocols he must follow in order to be able to arrest you. If any procedure was not followed correctly, then the refusal can be thrown out of court. However, at the police station, the officer will ask if you will submit to a chemical test. This is the only mandatory breath test. This is the test where if you refuse, your license will be suspended for one year.
Some of our clients refuse the chemical test because they already submitted to the Alco-sensor test. They do not understand why they have to take a second test. However, this chemical test is not a second request; it is the state-mandated chemical test. Other times our clients refuse the testing because they are waiting to speak with an attorney. Even though they aren't directly refusing the test, it could still be charged as a refusal. Furthermore, we have had clients who were too upset after the arrest to even comprehend that they were refusing. But because of their hysteria, the officer had to log it as a refusal.
No matter the reason for the refusal, it will result in a one-year license suspension. However, our Carrollton DUI Lawyers can help you avoid this suspension!
Carrollton Municipal Court
Carrollton Municipal Court handles cases arising from city ordinance violations, traffic offenses, and other misdemeanor charges including shoplifting and DUI. Carrolton Municipal Court is located at 115 West Center Street, Carrollton, GA 30117. The Honorable Judge C. David Mecklin presides over the Court. Call 770.834.4451 for more information.
Contact Our DUI Attorneys in Carrollton Today
Every DUI case is unique, but the one thing that remains the same is that your rights deserve to be protected. Our Carrollton DUI Attorneys understand and believe that every person is innocent until proven guilty. A DUI charge does not equal a conviction. There are various defenses available to you, and there are many ways we can avoid a conviction going on your record. Our DUI Lawyers in Carrollton are here for you 24 hours a day, 7 days a week to answer your call.