2nd DUI charge in GA eight years apart

[Hendo]

What is the name of your state? Georgia

Hi, I had a very bad and costly lack of judgement over this past weekend. I am a 35 yr. old male. On the way home from a date, I nearly ran a red light by trying to answer my cell phone that was lying on the floor. Well GSP was right there and immediately stopped me. He said, " I guess you know why you are being pulled over." I said yes, I nearly ran the red light.

I had consumed about 4 beers in about 3 hrs at that time. My last drink was about an hour before that. My job consists of delivering for a large parcel service. I have an excellent driving record at work and have had no accidents in 7 years. Now I do have a previous DUI In Jan. of 2000 where I pled nolo. I never believed that I would be in this situation again because I know how much I have pending on this. Regardless, here I am and realize that my job of 13 years and my home of 2 years will be lost if I lose my license.

Knowing what I had a stake then and then not knowing what I would blow, I refused the breath test at the scene. There was no other field sobriety tests administered there and was carried straight to jail. Once again, I refused at the station as well. I was not belligerent nor did the cop place cuffs on me the whole time. I would really like to fight this but my main concern is maintaing a valid permit or work permit so I can continue my employment and keep my house in this tight market. I was not told at the scene that a refusal to blow would result in an automatic one year suspension which would cost me my job. I would appreciate any true legal advice from any respectible attorneys on this board. Is there any way to humbly go before the court and ask that a lesser charge would be acceptable? Such as wreckless driving...Thanks.

 

[elmuchoprez]

Assuming it was really only 4 'regular' beers and it was spread out over three hours, you would have been wise to take the test. You probably would have blown somewhere between a .01 and a .03, which would put you in a far better situation than you are in now.

As far as losing your license, I don't think there's much a judge can do for you. I believe that a license suspension for refusal is an automatic administrative action of the DMV or Secretary of State (or whoever issues licenses in Georgia). Regarding that matter, I don't think the courts really have anything to do with it.

As far as the courts are concerned, refusing probably just hurts your case. Assuming that you were actually cited for impairment, the only evidence will probably be the testimony of the cop and the fact that you refused, which doesn't look very good.

 

[Psych]

Yup...

Assuming it was really only 4 'regular' beers and it was spread out over three hours, you would have been wise to take the test. You probably would have blown somewhere between a .01 and a .03, which would put you in a far better situation than you are in now.

As far as losing your license, I don't think there's much a judge can do for you. I believe that a license suspension for refusal is an automatic administrative action of the DMV or Secretary of State (or whoever issues licenses in Georgia). Regarding that matter, I don't think the courts really have anything to do with it.

As far as the courts are concerned, refusing probably just hurts your case. Assuming that you were actually cited for impairment, the only evidence will probably be the testimony of the cop and the fact that you refused, which doesn't look very good.

Yeah, I agree with elmuchoprez, the refusal will prove costly. If I were you, I would contact a good attorney in your area. It will be worth the cost. He/she may be able to fenagle some sort of limited driving privelage for you.