FAQ

• Do I have a right to an attorney when I am stopped for DUI?
No. The Law in Georgia does not provide for the right to an attorney when a person is initially stopped for DUI.

• What should I do if the police ask me to take field sobriety tests?
Do not be rude to a police officer who asks you to take field sobriety tests. It is a good idea to politely decline tests on the roadside. By performing field tests, you are often helping the police create evidence against you.

• Should I take a blood, breath, or urine test?
If you take one of the State’s chemical tests, remember that you are entitled to your own independent test.

• What will happen if I refuse the State’s chemical test?
If you refuse, you risk losing your license for 1 year. You only have ten days to request a hearing to fight that suspension. Call a DUI lawyer now!

• Does an officer have to give me a Miranda Warning?
No. Under Georgia Law, an officer does not have to give a Miranda Warning unless the officer questions a suspect after arrest.

• What is the 30 Day Rule?
If you refuse the police officer’s blood, breath, or urine test, you are facing a 1 year suspension of your driver’s license. Within 30 calendar days of your arrest you must request a hearing in writing.
If you took the police officer’s blood, breath, or urine test and you scored above the legal limit (0.08 or higher for 21 or over drivers; 0.02 or higher for drivers under 21; 0.04 or higher for commercial drivers), you must also request a hearing within 10 business days of your arrest.
Failure to do so will result in a suspended license.

• Can I get a work permit?
Everyone who pleads guilty or is found guilty of DUI will have their driver’s license suspended. Under certain circumstances, you may qualify for a permit to drive. This will usually depend on your driving record.

• Are there any alternatives to going to jail?
Yes. Gwinnett County has a work release program. If you qualify for the program, a Judge can sentence you to work release instead of jail. At work release, you go to work during the day and return to the custody of Gwinnett County at night.
Some judges will sentence you to house arrest. This is a program where you pay to be monitored at your home. Usually, if a Judge is going to sentence you to house arrest, he or she will require twice as much time as they would if you were going to jail.