McIlhinney & Sessions - DUI Law

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Potential license suspension penalties apply even if your charge of misdemeanor possession of marijuana does not arise from the use or operation of an automobile. Many drivers who are found to be in possession of marijuana are, in addition to their charge of possession of marijuana, charged with DUI - Drugs. If you have been charged with DUI - Drugs (Marijuana), follow this link to our DUI - Drugs information page. For more information about potential penalties for misdemeanor possession of marijuana in Georgia, follow this link.

 


The “10 Day” Rule

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If you are charged with a DUI, you must act within 10 days from the date of your arrest in order to keep your driver’s license from being suspended or revoked.  If you are in any of the categories listed below, you must request a hearing within 10 days or your license may be suspended for up to 1 year:

  • If you submitted to the state-administered breath test and your test result registered .08 or higher, you should act immediately to request a hearing.
  • If you were under 21 years of age at the time you received a DUI and you submitted to the state-administered breath test that registered .02 or higher, you should act immediately to request a hearing.
  • If you have a Commercial Driver’s License (CDL), you were in a commercial vehicle at the time you received a DUI, and you submitted to the state-administered breath test that registered .04 or higher, you should act immediately to request a hearing. 
  • If you refused to take the test requested by the officer that arrested you for DUI, you should act immediately to request a hearing. 
  • If you are uncertain of what the officer requested, whether you properly submitted to the requested test, or what your test result was, you should act immediately to request a hearing. 

      Remember: you are not guilty of DUI simply because you registered above the legal limit on a state-administered test.  DUI cases can be fought and won by aggressive and trained attorneys.  You do not need to surrender your driver’s license because you have received a DUI.  Call us today to learn more about how we can fight your DUI charge and work to help you keep your license. 

 

 
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McIlhinney & Sessions, LLC
DUI, Traffic Offense, and Criminal Defense Trial Lawyers
4036 Wetherburn Way, Suite A
Norcross, Georgia 30092
Telephone: 678.387.6920
Fax: 678.387.6926

Serving Clients in: Acworth Alpharetta Ashburn Belvedere Park Bryan Byron Buckhead Buford Camden Candler-McAfee Canton Carrollton Cartersville College Park Conyers Covington Darien Decatur Douglasville Druid Hills Duluth Dunwoody East Point Fayetteville Flowery Branch Forest Park Gainesville Griffin Johns Creek Kennesaw Lawrenceville Lilburn Mableton Marietta McDonough McIntosh Meriweather Milton Monroe Mountain Park Newnan North Atlanta North Decatur North Druid Hills Panthersville Peach Peachtree City Pembroke Perry Pike Powder Springs Redan Riverdale Roswell Sandy Springs Smyrna Snellville Stockbridge Sugar Hill Suwanee Tucker Union City Winder Woodstock Zebulon

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