Tuck the Law Dog

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Tuesday, December 27, 2011

New Years 2012, DUI, & Employment-Georgia

It has been a difficult 2011 for those seeking employment.  I am thankful that I have been and continue to go to work every day and help those in need of legal advice.  My prior  blog discussed drinking and driving, but with New Years fast approaching,  I feel DUI is a topic of which humans need frequent reminders as to the havoc this behavior brings to not only the arrested person but to that person's family as well.  Only too often we at Morgese Law Firm hear "but I only had 1 or 2 drinks;" "I just pulled out of my driveway,"  "I was driving straight home from the bar," "I wasn't swerving."  And the majority of arrest reports for DUI's contain the verbiage "observed vehicle crossing the center line," "observed vehicle crossing over the outside line,"  "failure to stop at stop signal," and "failure to use turn signal." If you are stopped by the police for DUI, you will likely be asked to take a "breath test," which measures one's blood alcohol content.  A reading above the legal alcohol limit in Georgia (.o8) could get you arrested for DUI.    You could also be asked to perform tests which the officer utilizes to document your arrest for DUI.  For example, balancing tests; ability to recite the alphabet; ability to describe the date, time and your location; or, ability to respond to commands.  These tests are done at the place of your vehicle stop--all within sight of passing motorists, and sometimes, even by people you know--from your neighborhood, from your place of employment, from your church.     An arrest and ultimate conviction for DUI can place your employment and your family's financial future, in jeopardy.  We have seen clients threatened with employment termination or even terminated following an arrest for DUI.  In Georgia, your license can be surrendered at arrest.  The Officer will give you a Form 1205, which would allow you to temporarily drive for 30 days.  If given a 1205, you will then have 10 business days to request an administrative hearing, which is held before a judge.  It is advisable to have an attorney represent you at this hearing and at any further court proceedings.   Thus,  if you get arrested for DUI, you should immediately contact an attorney who can advise you on your rights and possible defenses to the stop of your vehicle, defenses to the testing the officer conducted,  and , investigate whether any of your rights were violated,  all of which could play a vital part in keeping your driving privileges, and your job.  MORGESE LAW FIRM prays that you have a safe and Happy New Year.

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