Sobriety Testing

Georgia DUI Law can be pretty unfair to many people. Drivers are stopped for alleged failure to maintain lane, when actually their driving is normal and is often not an actual traffic violation or unsafe driving. Police then have the right to question the driver without reading them their Miranda rights to be silent, because Georgia Law says citizens are not "in custody" when the police have pulled them over and have them standing outside their car, answering questions and being investigated by law enforcement. In Georgia, the law says people are not in custody at this point so Miranda does not apply, even though people are definitely not free to leave the scene whenever they choose after they have been pulled over.

People are interrogated and asked to perform field sobriety tests that would be difficult for an Olympic gymnast, and police grade these sobriety tests with unfairly high standards that can't be met by most anyone, anywhere, at any time, much less at the nerve-racking moment of standing on the side of the road with blue lights flashing, cars passing by, and the threat of arrest hanging over a citizen's head. Unfortunately, most of the time the police conclude that the driver has failed the sobriety tests. The driver is then arrested and jailed for more testing, or required to give blood tests under a search warrant, and the State prosecutes aggressively. If you need an experienced DUI attorney in Newnan, GA, The Cummins Firm has years of experience helping people resolve these cases with a win at trial, a reduced charge, or by helping them keep their license, stay out of jail, and move on with life.

The 30-Day Rule

Georgia DUI law requires quick action by the accused. DUI penalties have grown severe, driven in part by advocacy groups like Mothers Against Drunk Driving (MADD): a single DUI arrest can now trigger two separate license suspensions. Under Georgia's "30-day rule," a DUI defendant must file a special hearing request with the Georgia Department of Driver Services within 30 days of arrest, or face an automatic one-year administrative suspension of all driving privileges — separate from and in addition to any suspension imposed later in traffic court.

Many people miss this deadline because they don't realize what they've been handed. Law enforcement issues a form at the time of arrest — technically called an ALS 1205 — that looks like a temporary driving permit but actually starts the 30-day clock. Its fine print, front and back, is easy to misread as routine paperwork. As a result, some defendants later discover their license has already been suspended before they've even had their day in court on the underlying DUI charge. Because the stakes are this high, anyone arrested for DUI in Newnan, GA should retain experienced counsel immediately to protect their rights.

At The Cummins Firm we prevent the 30-day rule from being unfairly applied to our clients, and we file the special hearing requests for you and work hard to protect your driving privileges and your rights. We urge you to hire our firm immediately to protect your rights, and if you cannot hire our firm, we encourage you to hire another lawyer to make sure your rights are protected, even if it's not us. Having an experienced DUI lawyer is your best chance of protecting your rights and being treated fairly by the courts regarding your license. For more information about the 30-day rule and the special hearing request, please see the Georgia DDS website.

Second DUI in 5 Years

Georgia Law is tough on DUI, and it is even tougher on anyone who has received a 2nd DUI in a 5-year period. The State of Georgia will suspend your driver's license for three years upon conviction of a 2nd DUI in a five-year period, and the law can require a 1-year installation of an ignition interlock device on your vehicle, known by some people as a "blow & go," that tests your breath whenever you drive to detect whether or not you're drinking. While that goal is understandable, the interlock system sometimes malfunctions and reports false positives, locking people out of driving and leaving them stranded wherever they happen to be when the machine requests a breath sample. In addition to a 2nd DUI resulting in a longer license suspension and the installation of an expensive interlock device, there is significantly more jail time, more community service, and higher fines.

How The Cummins Firm Can Help You

The Cummins Firm can help you with your DUI case. Attorney D. Scott Cummins has experience as a Judge and as a Prosecutor handling DUIs, and over 30 years of experience defending DUI charges. As a drunk driving defense attorney in Newnan, GA, he knows what evidence and arguments matter to Prosecutors and Judges, and how to help clients in court. The Cummins Firm has the experience to properly handle these cases, file defense motions to force the State to provide all of the evidence, and thoroughly review every piece of evidence to help our clients.

People charged with a DUI face an uphill battle, but when we are by their side we fight hard to help. We look for legal issues or facts that can get a case dismissed or reduced to a lesser charge without the stress, expense, and risk of a jury trial, and we help clients move on with their lives. In cases where the State will not dismiss or reduce a charge and the client is willing to go to jury trial, we fight hard and we know how to win, and we have done so in many trials. The Cummins Firm is respected by Police, Prosecutors, Judges, Court Personnel, and others involved in the criminal justice system. We have a no-nonsense, thorough, and successful approach to our cases, and we stand ready to help you. Call us and we'll Prove it.

Call The Cummins Firm today at 678-590-5590 for a free consultation and experienced representation.