DUI Convictions and the Suspended Drivers License

Of all the consequences that come with a DUI conviction, the harshest consequence of all is the drivers license suspension.  If you are convicted of a DUI, your driving privilege will be suspended for at least one year.  This suspension can impact your entire life, and may dramatically change your ability to go to work and go to school.  There are no exceptions.

If you live and work in a place with public transportation, or your work and/or school is close to where you live, this may be a minor inconvenience.  I have had clients who live in rural areas, but who commute to the city for work, and as a result of a suspension, they lose their jobs.

There are ways around the license suspension, but they are fact specific to each case.  For example, on a first time DUI, I have been able to negotiate an alcohol impaired driving charge instead of the full DUI.  Drivers License Division doesn't suspend a license for a first time alcohol impaired driving.  A second alcohol impaired driving, however, will result in a suspension, so if you are lucky enough to dodge a suspension the first time, learn your lesson. 

If you are being charged with a DUI, call me.  I will work hard to protect your driving privileges.

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Why A DUI Lawyer Can Help You If You Get Charged With A DUI

It is inevitable, everyone will make a mistake from time to time. One mistake that can never be ignored, however, is a DUI. There are millions of DUI cases every year throughout the United States, and if a DUI case ends in conviction, it can spell disaster for the involved party. A DUI is by far one of the most common and most damaging major traffic offenses on the books. A DUI can shatter a person's family life, ruin a person's career, and haunt a person for the rest of his or her life.

Many people don't realize how much damage a DUI can do. It stays on a person's driving record for years, and carries many significant penalties. First, a person's auto insurance rates usually skyrocket right after a DUI. In addition, if a person finds it necessary to use a company vehicle, whether a CDL truck or a small vehicle for deliveries, they may not be able to even be insured by their company's insurance policy after a DUI, which could result in getting fired. Lastly, and while this isn't an "official" penalty, it does happen without question. When a person has a DUI on his or her record, it becomes easy for a police officer to pull that person over for suspicion, even if they aren't doing anything wrong. It's unfortunate, but it happens.

What can a person do to prevent this if they ever find themselves facing a DUI charge? The absolute most important thing is to get a DUI lawyer as quickly as possible. Fighting a DUI without legal assistance is all but impossible. A good DUI defense typically costs a couple of grand, but relative to dealing with the problems of having a DUI on one's record, it pays for itself relatively quickly. Most DUI lawyers will work with prosecutors and judges to get a DUI reduced before it even goes to trial. They can often get DUI charges reduced to much less serious charges out of court, resulting in charges that will drop off of a person's record much sooner, and with much less life shattering consequences.

A DUI doesn't have to be a life ruining event. While it can definitely be a wake-up call, a person should always do everything in their power to get it reduced to a lesser charge. DUI lawyers are a necessity for anyone dealing with a DUI, and there is no reason a person should ever just take the DUI charge and not fight it. Having a good DUI lawyer is the key. Without proper representation, a DUI can run one's life.

Call today to setup your initial DUI interview with Atlanta attorney,  at 404-581-0999
Article Source: http://EzineArticles.com/?expert=Ryan_Akin

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The Initial Interview with an Atlanta DUI Attorney

Building an attorney-client relationship happens during the initial Atlanta DUI lawyer interview. The establishment of cooperation and trust of the client is created, pertinent information is gathered about your case, the costs and fees involved are discussed and the process in which your Atlanta DUI lawyer will defend your case is determined.

Honesty and openness is the key to a good attorney-client relationship. It is so important for the client to share all information with the DUI attorney. There is no reason to be embarrassed or ashamed and hold information back. It could harm you in the future if your Atlanta DUI attorney is not aware of certain facts or secrets. At your first meeting, be sure to bring all pertinent documents about your case, such as: the citations, notice of suspension, the results of your breath/blood test, etc.

It will also be good time to discuss the implications of the charges and what the possible fines, penalties or jail time may be. We will discuss the procedures of the court system that must be followed for an Atlanta DUI arrest. An Atlanta DUI attorney is not able to make any promises or guarantees as a result of their representation.

Attorney fees will also be a topic of discussion at this meeting. Your Atlanta DUI attorney will be frank and honest with you and explain how all the fees will play out depending upon whether you settle out of court or require a full jury trial. A payment schedule can also be discussed at this time with your Atlanta DUI attorney.

It would be wise not to include any third party members at the initial interview. The only exception to this would be if a minor is involved in the DUI and it would good to have a parent or legal guardian present as well.

The best advice is to show up to the initial DUI attorney meeting with a positive attitude, do some research on DUI laws and penalties and have a list of questions for your Atlanta DUI attorney.

Call today to setup your initial DUI interview with Atlanta attorney, Scott Smith, at 404-581-0999

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Tips for Hiring an Atlanta DUI Attorney

Suggestions for hiring an Atlanta DUI attorney by phone

Although hiring an Altanta DUI defense attorney by telephone seems like an easier route, it is always a good idea to meet with the Atlanta DUI attorney face-to-face before making the decision to hire them. If you do decide to hire an Atlanta DUI attorney based on a phone call, it is my suggestion that you ask these questions:
How many drunk driving (DUI) jury trials have you defended in Atlanta successfully?
Do you have enough staff to represent me in DUI court and DMV hearings effectively?
If you were being charged with a DUI, what Atlanta DUI attorney would you have represent you?
How much of your Atlanta attorney practice do you devote to Atlanta DUI defense?
Have you attended any attorney DUI seminars in the past year?
Have you ever spoken at a DUI seminar and taught other DUI attorneys how to successfully defend DUI clients?
How often do you plead guilty without conducting a jury trial or filing pre-trial motions?
Will you be available to meet with me in person or by phone when needed?
Have you ever had any DUI literature published?
Do you have access to investigators and experts in DUI defense cases?Remember that price denotes quality. If an Atlanta DUI attorney is willing to represent you for a very low fee, that should tell you something about the quality of legal service you should expect. The most important thing you can find out is if the Atlanta DUI lawyer has a history of pleading guilty for their clients or if he/she has been known to fight and win DUI cases in Atlanta.

I hope this helps you choose an Atlanta DUI attorney that is right for you. Choosing the right attorney can be more expensive, but choosing the wrong one could cost you in your DUI sentencing. If you or a loved one is facing a DUI charge in Atlanta, I would be happy to provide you with a free DUI attorney consultation. Please call my Atlanta DUI office to schedule a time to meet. I look forward to hearing from you.

If you have been arrested for a DUI, and were tested for Nystagmus, contact an experienced Atlanta DUI attorney. Scott Smith has handled numerous DUI cases where there was a false result for the Nystagmus test. Contact Atlanta DUI lawyer,, at 888-632-9732

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Nystagmus Test Atlanta, Georgia

The Nystagmus test is a test used in Atlanta to test for a DUI arrest. Nystagmus is an eye condition characterized by involuntary rapid, jerky eye movements. It is a symptom that should always be investigated by a specialist, as it can be a result of disorders other than DUI.

There have been approximately 45 types of Nystagmus identified. Most of these forms are pathological and have either been classified as being congenital or acquired. It is important to distinguish between these conditions because Acquired Nystagmus is often indicative of neurological dysfunction.

Some Common Types:
- Acquired or Late Onset Nystagmus – Occurs later in life, usually the consequence of some disease or accident.

- Congenital or Early Onset Nystagmus – This form has many causes, sometimes genetic and often linked to other eye problems. It occurs in the very young, persisting for the rest of the individual’s life.

- Horizontal Nystagmus - The eyes move back and forth.

- Jerk Nystagmus - Type of eye movement where the eyes accelerate as they move.

- Latent Nystagmus - Condition appears when one eye is covered up.

- Manifest Latent Nystagmus - Visible all the time because one eye is ‘covered’ by some other form of impairment such as a cataract.

- Rotatory Nystagmus - The eyes move round and round.

- Pendular Nystagmus - Thought to be a result of a delay in messages to the brainstem. It can be congenital or acquired and is characterized by eye movements that are equally paced in each direction. Oscillations may be vertical, horizontal, diagonal or rotary. There also exists a fast and slow phases to the waveform.

- Vertical Nystagmus - The eyes move up and down.

If you have been arrested for a DUI, and were tested for Nystagmus, contact an experienced Atlanta DUI attorney. Scott Smith has handled numerous DUI cases where there was a false result for the Nystagmus test. Contact Atlanta DUI lawyer,, at 888-632-9732

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Atlanta DUI - Fourth Offense

Fourth Conviction (Within 5 years)

Suspension
License/privilege to drive revoked for 5 years.
In addition to the sanctions imposed upon a third conviction, a defendant who is convicted for a fourth violation under O.C.G.A. §40-6-391 while declared and served as a Habitual Violator will be subject to the charges of Felony With a Vehicle and DUI, to include the seizure of the automobile used in the commission of the offense of DUI. O.C.G.A. §40-6-391 As provided in O.C.G.A. §40-6-391.2, the procedures for the confiscation of the vehicle must be implemented by the district attorney’s office; therefore, these cases should be placed in the respective superior court.

The arresting Atlanta agency, upon verifying that the driver has met these requirements for a DUI, shall declare the vehicle as contraband. Within twenty days from the date of seizure, this vehicle must be relinquished to the district attorney’s office. The district attorney has no more than 60 days from the seizure to initiate the condemnation procedures as provided in this code section.

Extenuating Circumstances
In any case where a vehicle is the only family vehicle, is determined to be subject to forfeiture, the court in Atlanta may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the State from such forfeiture, order the title of the vehicle transferred to such other family member who is a duly licensed operator. The interest of an owner, lessee, security interest holder, or lien-holder shall not be subject to forfeiture unless the condemner shows by a preponderance of evidence that such person knew, or reasonably should have known, that the operator was a habitual violator as set forth in this section and knew, or reasonably should have known, that such person would operate or was operating the vehicle while in violation of O.C.G.A. §40-6-391.

Proceeds of Sale
The proceeds arising from such sale shall be deposited into the general treasury of the State or any other governmental unit whose law enforcement agency it was that originally seized the vehicle. It is the intent of the General Assembly that, wherever possible, proceeds deposited into the State treasury should be used and that proceeds vested in any local governmental unit shall be applied to fund alcohol or drug treatment, rehabilitation, and prevention and education programs, after making the necessary expenditures for:

1. Any costs incurred in the seizure;
2. The costs of the court and its officers; and
3. Any cost incurred in the storage, advertisement, maintenance, or care of the motor vehicle.

Endangering a Child During the Commission of Driving Under the Influence O.C.G.A. §40-6-391(l). A person who violates this Code section while transporting, in a motor vehicle, a child under the age of 14 years is guilty of the separate DUI offense of endangering a child by driving under the influence of alcohol or drugs. The DUI offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the DUI offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. A DUI offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.

It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a DUI in Atlanta contact DUI attorney, at 888-632-9732

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Atlanta DUI - Third Offense

Third Conviction (Within 5 years)

A plea of nolo contendere will be considered a conviction. The court should not accept this plea.

Suspension
License/privilege to drive will be revoked for 5 years from date of conviction.
Note: The court should notify the defendant that a third conviction within a 5-year period, as measured from date of arrest to date of arrest for which convictions were obtained, will classify him/her as a Habitual Violator. The court should declare the defendant a Habitual Violator, seize his/her license, and serve him/her with an official 1189 form. Accordingly, the defendant’s license will be revoked for a period of 5 years from the date of conviction O.C.G.A. §40-5-62(a)(1)

Temporary Driving Permit
Two years after the defendant surrendered his most recently issued license to the court or DDS, or the date the conviction was processed by DDS, the licensee may apply for a Habitual Violator Probationary License. The defendant may request the issuance of this application by mailing his or her request to the following address
Department of Driver Services
PO Box 80447
Conyers, GA 30013

The Habitual Violator Probationary License fee will be $210.00 (or $200.00 if applied for by mail).
Note: During the first six months of the probationary license, the driver will be required to have an Ignition Interlock Device on any vehicle he or she operates, if the defendant’s HV was based upon at least two convictions under O.C.G.A. §40-6-391.

Note: DDS has the authority to revoke the limited driving permit if a person is convicted of violating any state law or local ordinance relating to the movement of vehicles, is convicted of violating the conditions endorsed on his/her permit, or fails to go to, or complete, the treatment program. If the permit is revoked, it will not be reissued, even if the person re-enrolls in or completes the treatment program. See O.C.G.A. §40-5-64(g)(1)(A) and (B).

Reinstatement
Any person convicted of a third offense under O.C.G.A. §40-6-391 within a five year period, shall be required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment program before the drivers license will be reinstated, provided that such evaluation and treatment shall be at such person’s expense, except as otherwise provided by O.C.G.A. §37-7-120. Acceptable proof of completion of such a program must be submitted to the Department of Driver Services prior to license reinstatement, issuance, or restoration. O.C.G.A. §40-5-63.1

It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a DUI in Atlanta contact DUI attorney, at 888-632-9732.

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Atlanta DUI - Second Offense

Second Conviction (Within 5 years)
A plea of nolo contendere shall be considered a conviction.

Suspension
License/Privilege to drive suspended for 12 months from the date of conviction.
Upon any person’s second or subsequent conviction of DUI within five years, as measured from date of arrest to date of arrest for which convictions were obtained, the court shall:
Issue an order requiring that the license plates of all motor vehicles registered in such person’s name be surrendered to the court;

Notify the Commissioner of the Department of Revenue within 10 days after issuing any such order, and the Commissioner of the Department of Revenue shall revoke each such license plate upon receiving such notice.

Issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt, in accordance with O.C.G.A. §40-2-136;

Order, as a condition of probation, that defendant shall have installed and shall maintain in each motor vehicle registered in his/her name a functioning, certified ignition interlock device throughout the applicable six-month period prescribed by subsection (b) of O.C.G.A. §42-8-112: the 6-month period following the 12-month hard suspension from the date the defendant’s most recently issued license was surrendered to the court, to DDS, or the conviction was processed by DDS.

The court may exempt the person from the requirement to have an Ignition Interlock Device in “each” motor vehicle registered in such person’s name based upon the court’s determination that such requirements would subject the person to undue financial hardship. However, the court exempting the person from maintaining an ignition interlock device in “each” vehicle registered in such person’s name shall order such person to install and maintain in any other motor vehicle to be driven by such person during the applicable six-month period prescribed by subsection (b) of O.C.G.A. §42-8-112 (the six-month period following the 12 month suspension) a functioning, certified Ignition Interlock Device, and such person shall not during such six-month period drive any motor vehicle whatsoever that is not so equipped. O.C.G.A. §42-8-111

An Atlanta DUI Attorney can help save you from the frustration. Call Atlanta DUI lawyer, Scott Smith. Each of our attorneys will help you get your life back on track.

Note: When the court issues the order for the use of an Ignition Interlock Device, any Atlanta DUI attorney should please advise the defendant that he or she will be required to provide DDS with a certificate of installation from an approved vendor upon applying for a permit. In addition, the defendant must provide proof of 6-months of incident free monitoring of the Ignition Interlock Device prior to reinstatement of their driver’s license. Always give a copy of the “court order” to the defendant.

The clerk of the court in which a defendant (21 years of age or older) is convicted a second or subsequent time (for DUI) shall:
Cause to be published a notice of conviction for each such defendant convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. O.C.G.A. §40-6-391 (j)

The defendant’s driver’s license or Lost License Affidavit, if applicable, and service of suspension (DS 1190) should be attached to the Uniform Traffic Citation as part of the disposition of the court.

Temporary/Limited Driving Permit
12 months after the date the defendant surrendered their most recently issued license, or the date that the conviction was processed by DDS, the licensee will be eligible to apply for an Ignition Interlock Device (IID) Permit.

To be eligible for an IID Permit, the licensee must satisfy the following requirements:
1. Submit an original certificate of completion of an approved Alcohol/Drug Use Risk Reduction Program;
2. Submit original certification of an approved clinical evaluation;
3. Submit official proof of enrollment in, or an original certificate of completion of, an approved substance abuse treatment program, if so required;
4. Submit proof of Installation of an Ignition Interlock Device from an approved vendor.
5. Remit a $25.00 permit fee.

Reinstatement
18 months after the date the defendant surrendered their most recently issued license to the court, to DDS, or the conviction was processed by DDS, and provided that the Ignition Interlock requirement was satisfied and the IID permit was not revoked, the licensee may submit the following prior to reinstatement of the license:

1. Proof that an ignition interlock device was maintained in a motor vehicle for a period of six months, without incident;

2. Proof of completion of a substance abuse treatment program (as required by the clinical evaluation). If proof of completion was submitted prior to the issuance of the limited permit, no additional proof will be required for reinstatement of the license;

3. Remittance of a $210.00 restoration fee (or $200.00 if restoration is processed by mail).
If by mail, the following address should be used:
Department of Driver Services
PO Box 105182
Atlanta, GA 30348-5182

Ignition Interlock Device
If a person required to report to an ignition interlock provider fails to report to the provider as required, or receives an unsatisfactory report from the provider at any time during the six-month period, the limited driving permit will be revoked.

Within 30 days after the revocation of the limited permit, the person may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Driver Services shall hold a hearing.

If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified below, a new ignition interlock device limited driving permit shall immediately be issued that shall be valid for a period of six months. Such reasons shall be for providential cause and include, but not be limited to, the following:

(A) Medical necessity, as evidenced by a written statement from a medical doctor;
(B) The person was incarcerated;
(C) The person was required to be on the job at his or her place of employment, with proof that the person would be terminated if he or she was not at work; or
(D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure.

If the hearing officer determines that the person failed to report to the ignition interlock provider for any reason other than those specified, or if the person received an unsatisfactory report from the provider, the person may apply for and be issued a new ignition interlock device limited driving permit after 120 days.
This shall not apply to any person convicted of violating O.C.G.A. §42-8-118.

This suspension will not age off, but will remain active until the defendant has completed the DDS and court requirements listed above.

It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a DUI in Atlanta contact DUI attorney, at 888-632-9732

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Atlanta DUI - First Offense

If you have been arrested for a DUI in Atlanta, you probably have a lot of questions for your DUI attorney. Atlanta attorney Scott Smith has compiled a list of some of those questions, along with what you can expect. If you have additional questions, contact the office of Atlanta DUI attorney, Scott Smith. He will advise you of your rights and help you to make the best decisions about your DUI case.

What Will Happen to My Georgia Driver’s License If I Am Convicted Of a DUI?
If it is your first arrest and/or conviction for DUI (or drunk driving) in Atlanta within 5 years, the following will apply:

Upon a plea of guilty to DUI in Atlanta, your driver’s license shall be suspended for 12 months; however, there are provisions for a temporary work permit and reinstatement of your license. You will be required to surrender your license to the court.

If your license was taken from you, and you have not received a new license, you may be required to submit a lost license affidavit to the court.

Your "suspension/revocation time" does not begin until you surrender your license to DDS.

If you do not submit your license, your "suspension/revocation time" begins the date DDS processes the conviction.

It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a DUI in Atlanta contact DUI attorney, at 888-632-9732

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Two Types of DUI in Georgia

There are 2 types of DUI. In a standard Atlanta DUI case, the State must prove that the individual driving was an unsafe driver because of alcohol or an illegal substance. These types of cases in Atlanta can be engaged even if blood, breath, or a urine test does not find alcohol content. There is no test result if someone refuses the test.

When someone has taken a breath, urine, or blood test, the State will try to bring in the evidence of the test result. In order to help the prosecutor to prove “less than safe” driving, legislature passed a law that allows prosecutors to take advantage of legal implication about any alcohol level if they can prove it in court. A change in the wording of this law may have gotten rid of that ‘implication’, which gave prosecutors an advantage in trial.

The state of Georgia also brought other inferences on the law, including this fact: people who have a BAC (blood-alcohol content) of .05 or less are presumed not to be impaired by alcohol. This is why it is essential to obtain the services of an experienced Atlanta DUI attorney. A top Atlanta DUI attorney understands how to watch out for your best interests.

The second way the State can try to prove DUI cases in Atlanta where there is a test result over the valid legal limit is referred to by an Atlanta DUI attorney as the ‘per se’ DUI alcohol offense. This would be better described as having an unlawful blood alcohol level while driving. To prove this kind of alcohol-DUI, the state doesn’t have to prove an ‘unsafe’ driving or any ‘intoxicated’ condition. This DUI offense is committed by having a prohibited BAC and operating a vehicle. For people charged under paragraph five of subsection A of the Driving Under the Influence (DUI) law (adult standard) the forbidden level is eight tenths (.08) grams percent or more. Previous to July 1, 2001, the standard for adults was .1 grams percent or more. The person must take a DUI alcohol test within 3 hours of operating a vehicle when the alcohol in the individual’s system was taken in before they stopped driving according to all per se calculations.

It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a DUI in Atlanta contact DUI attorney, at 888-632-9732

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DUI Refusal Laws in Washington State

In Washington State, DUI penalties are enhanced for drivers who refuse to take a breath test at the police station. Under the Implied Consent Law, a person who drives within WA State is considered to have consented to a blood or breathalyzer test if he or she is arrested for DUI.

The intent of the statute is that the breath or blood test will be administered, unless the person explicitly refuses. The purpose of the law is to discourage individuals from driving under the influence and to remove the driving privileges of those who do.

Penalties for Refusing the Breath Test

In Washington State, DUI is a criminal traffic offense. This means that a conviction will go on your criminal record as well as your driving record. The charge is a gross misdemeanor that can result in the following consequences:

• License Suspension

• $5000 fine

• Alcohol/Drug treatment requirements

• Jail time of up to 364 days

• Ignition interlock requirement

• Probation

• High Risk Insurance

The following is an example of how penalties differ for those who take the breathalyzer test and for those who refuse to take the breath test:

First offense:

Breath/Blood Test	Under .15	Over .15	Refusal
License Suspension	90 days	1 year	2 years
Mandatory Jail Time	1 day	2 days	2 days

Second Offense:

Breath/Blood Test	Under .15	Over .15	Refusal
License Suspension	2 years	900 days	3 years
Mandatory Jail Time	30 days	45 days	45 days

Third Offense:

Breath/Blood Test	Under .15	Over .15	Refusal
License Suspension	3 years	4 years	4 years
Mandatory Jail Time	90 days	120 days	120 days

Criminal & DOL Case

If you are arrested for DUI, there will be two cases against you: One with the court and one with the WA State Department of Licensing. Both cases are independent of each other, which means that even if your case is dismissed in court, you could still lose your driver’s license, and vice versa.

You must request a DOL hearing within 20 days; otherwise your license suspension will go into effect automatically. An experienced attorney can handle both the DOL hearing and the criminal court case.

How do I Know if I Have a Prior Offense?

An offense is considered to be a “prior offense” for sentencing purposes if it occurred within the last 7 years. The prior offense could be:

1. DUI
2. Physical Control
3. Vehicular Homicide
4. Vehicular Assault
5. Negligent Driving (if originally charged as DUI)
6. Reckless Driving (if originally charged as DUI)
7. Reckless Endangerment (if originally charged as DUI)
8. A deferred prosecution that was successfully or not successfully completed

Defending DUI Refusals

In order to prove a DUI refusal charge, the prosecutor will need to prove that your driving was affected by your level of impairment, since there is not a breath test entered into evidence. Your lawyer can raise arguments in regards to why you may have refused (such as confusion or a medical issue) or your lawyer can argue that there is insufficient evidence to prove impairment, depending on the facts of your case.

At Beckwith DUI Law, we have a proven track record for successfully defending clients accused of all types of DUI. The facts of your case, your criminal history, your driving record, and the court where your charges are filed will all have an impact on your result. We defend DUI refusals in the Greater Seattle, Tacoma, and Olympia areas and offer a free consultation.

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Continuous Alcohol Monitoring (CAM) Devices

North Carolina HB 494: Expanded Authorization for Continuous Alcohol Monitoring (CAM) Devices

By Maggie Marquez Jaynes, Esq

Continuous alcohol monitoring, which requires the abstinence from alcohol consumption for a period of time as a term of pretrial release or probation, has been highly controversial and cost prohibitive since its approval in 2007. A continuous alcohol monitoring (CAM) device is much like an ankle bracelet worn for house arrest or used for GPS tracking that monitors a person’s sweat for the presence of alcohol and transmits that result to the provider of the device. However, unlike the device worn for house arrest or used for GPS tracking, CAM costs far exceed the one time $90 fee for the house arrest/GPS tracking devices – installation fee of $75 plus daily costs of $12 for each day of monitoring, which are passed on to the receipt of the CAM device.

Recently, CAM authorization is increasing regardless of the prohibitive costs. In 2011, Laura’s Law was passed, creating a new Aggravated Level One punishment for DWI convictions requiring as a condition of probation abstinence from alcohol for a minimum of 120 days and verified by a CAM device. This Act authorized judges to: 1) impose CAM as a pretrial release condition for defendants charged with DWI and 2) require CAM for up to the full term of probation for Level One or Two DWI convictions.

In 2012, HB 494 expanded authorization for CAM in pretrial releases to include any criminal offense committed on or after December 1, 2012 and required positive screenings to be reported to the district attorney. Similarly, this act broadens the authorization for alcohol abstinence and CAM device use as a condition of community or intermediate punishment or as a special condition of probation in criminal cases generally “when alcohol dependency or chronic abuse has been identified by a substance abuse assessment”. N.C.Gen.Stat. 15A-1343 (a1)(4a) and (b1)(2c). Additionally, CAM has been authorized in Driving While License Revoked (DWLR) convictions where the license was originally revoked due to impaired driving revocation.

Regardless of the cost, the authorization of CAM as a term of pretrial release or condition of probation has expanded. The costs of CAM are no longer capped at $1,000 yet judges are authorized to consider the defendant’s ability to pay however not in the case of Aggravated Level One DWIs. Notably, the act provides that “the court must not impose CAM if it finds good cause that the defendant should not be required to pay of the costs of CAM”. N.C.Gen.Stat. 20-179(k4). Whether this imposition by the legislature renders the use of continuous alcohol monitoring devices moot is yet to be seen.

It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a DUI in Atlanta contact DUI attorney, at 888-632-9732

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Washington State Reckless Driving Charges

In Washington State, a person is guilty of Reckless Driving if that person “drives any vehicle in willful or wanton disregard for the safety of persons or property.” The charge is considered to be a criminal traffic offense.

Reckless Driving is a gross misdemeanor and if convicted, there is a maximum sentence of 364 days in jail and a $5000 fine. There is no mandatory minimum jail sentence.

A conviction will result in a driver’s license suspension for 30 days through the WA State Department of Licensing. Additionally, SR-22 insurance may be required.

If you have been charged with Reckless Driving, it is in your best interest to hire an experienced criminal defense attorney. Quality representation can minimize or eliminate the criminal and licensing consequences.

At Beckwith DUI Law, we fight all criminal traffic offenses, including Reckless Driving &Negligent Driving. Below are frequently asked questions.

Am I going to go to jail?

Reckless Driving has a possible jail sentence of 364 days, depending on the facts of the case, your criminal history, your driving record, and the quality of your legal representation.

What is going to happen to my license?

After the Department of Licensing receives notice that you have been convicted of Reckless Driving, you will receive a letter that your driver’s license will be suspended for 30 days.  Usually this process takes about 45 days, so your license will not be suspended immediately after the conviction.

What if I need to drive for my job or to get to school?

You can apply for an Occupational/Restricted License through the Department of Licensing.  The Occupational/Restricted License can be used to drive to and from work, school, court-ordered community service, continuing healthcare, substance abuse treatment/AA meetings, or continuing care of a dependent.

Who is eligible for the Occupational/Restricted License?

You are eligible to apply for the Occupational/Restricted License if you have a Washington State driver’s license OR are stationed in WA State on active military duty.

What if I drive a commercial vehicle?

If you have a Commercial Driver’s License (CDL), you are not eligible to get an Occupational/Restricted License to drive a commercial vehicle. However, you are eligible to apply for the license to drive a non-commercial vehicle.

How do I apply for the Occupational/Restricted License?

Complete a Restricted Driver License Application through the WA Department of Licensing and obtain proof of financial responsibility (i.e., SR-22 insurance). Submit your application, proof of SR-22 insurance, and the fee ($100 at the time of this article) to the WA Department of Licensing. Once you qualify, the license will be sent to you.

Once the suspension is over, how do I get my license back?

In order to reinstate your driver’s license, you must file proof of financial responsibility (i.e. SR-22 insurance) with the Department of Licensing for 3 years and pay a re-issuance fee.

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How to Save your License after a DUI

After a DUI arrest in Washington State, there will be mandatory court dates and an automatic driver’s license suspension (unless you contest it) with the Department of Licensing (DOL). DOL consequences are independent of anything that occurs during the DUI criminal case.

Quick Guide for Contesting a DUI License Suspension

1. From the date of arrest, you have 20 days to request a DUI hearing (to contest the license suspension). If a hearing is not requested, the license suspension will go into effect 60 days after the arrest date. The license suspension can be anywhere from 90 days to 2 years for a first offense.
2. The hearing can be requested online or by mail, along with the $375 hearing fee. There is also an option for a hearing fee waiver if you are found to be indigent.
3. If the hearing request is made within the allowable time frame, the DOL will set a date for a DUI hearing with one of its hearing examiners. The hearing examiners are employees of the DOL and are not judges, but they are supposed to be impartial in their decision making.
4. The DUI hearing will take place over the telephone. The hearing examiner will only consider four issues: (1) whether you were under lawful arrest, (2) whether the officer had reasonable grounds to believe that you had been driving or were in actual physical control of a vehicle while under the influence of liquor or drugs, (3) whether you were properly advised of the Implied Consent Warnings, and (4) whether you were over the legal limit or refused the breath test.
5. After the hearing is over, the hearing examiner will either make a decision on the hearing date or mail out a decision after the hearing.
6. Once a decision has been made, you may appeal it within 30 days through the superior court in the county that you were arrested in.
7. If the Department of Licensing maintains the suspension, you may be eligible to drive with an ignition interlock device in your vehicle for the duration of the suspension. You shouldnot apply for an ignition interlock license without first consulting with an attorney, since the right to a DUI hearing and appeal will be waived once an ignition interlock license is issued.

The Role of An Attorney at the DUI Hearing

It is a good idea to be represented by an attorney at this hearing. Your lawyer may request that the police officer or other witnesses be subpoenaed before the hearing. They can also question witnesses, present evidence, and offer testimony during the hearing.

At Beckwith DUI Law, we fight for clients at their DUI hearing and throughout their criminal case. We have a proven track record in the courts of King, Pierce, and Thurston County, including Tacoma, Seattle, Bellevue, Puyallup, and Olympia, WA. Contact us today for a free consultation.

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Target Zero has Questionable DUI Quota Requirement

Target Zero is Washington State’s highway safety plan that calls for reducing highway deaths to zero by the year 2030. Since 2010, more than 35 police agencies have launched Target Zero teams in King, Pierce, and Snohomish counties.

Teams include state troopers, county sheriff’s deputies, city officers, and tribal police officers. Target Zero teams focus on the violations of driving while impaired (DUI), speeding, and failure to wear a seat belt.

Officers have also been assigned enforcement zones to patrol. For example, in Pierce County, officers have focused a great deal of their attention on 6^th Street in Tacoma and Main Street in Puyallup (the location of several bars and night clubs). In King County, the focus is in the neighborhoods of Queen Anne, Capitol Hill, Belltown, and some parts of Burien, Renton, and Redmond.

Officers who are part of the Target Zero team have been directed to initiate at least threestops per hour. This means that officers are on the lookout for minor violations to ensure that their quota is met. Common reasons for stopping a vehicle include:

• Defective license plate lamp
• Lack of mud flaps
• No third brake light
• Touching the skip line

Once an officer has stopped a vehicle, it gives them free range to investigate the driver for DUI. The pressure of meeting a quota can result in stops where probable cause was notestablished.

At Beckwith DUI Law, we frequently come across cases where the constitutional rights of our clients has been violated by law enforcement. It is your right to speak to an attorney during any type of criminal investigation and it is also your right to not respond to the questions that the police ask.

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