If you are a man or woman that has been charged with multiple DUIs, you may have been ordered to use an Ignition Interlock Device or IID before you are able to operate your car. The IID is a fairly small machine, but a little bit larger than your typical cell phone. After this device has been installed in your car, you will not be able to drive it unless you provide the machine a breath sample that indicates that you have no alcohol in your blood stream.
When this device is combined with other alcohol-related treatment programs, it can be effective in lessening repeat DUI offenses. Listed below you will find some frequently asked questions and answers for your benefit:
Q: Is my Ignition Interlock Device able to detect medications that have alcohol in them?
A: Yes, your IID will most certainly detect the alcohol in your meds. These machines are designed to sense any alcohol that you may have in your blood stream regardless of the source. This includes mouthwash, cough syrups and many other over-the-counter products. During your Ignition Interlock Device training course, you will learn about which products present risks and which do not. It’s a good rule of thumb to avoid alcohol-based products altogether if you are trying to turn your car on with an IID.
Q: Can my spouse or relative use my car with an IID installed?
A: Yes, they can. It should be noted that if the person operating your vehicle does not pass the breath test of the IID, you will be the one held responsible. Each and every result that your IID puts in its memory bank will be tied back to you, not your spouse, relative or friend.
Q: I missed the service appointment for my Ignition Interlock Device. What will happen?
A: Most IIDs have the ability to remind you when it needs maintenance. If you notice the device flashing or making noise, it’s probably because it needs to be repaired or serviced. However, if you ignore the service notifications and ignore your appointment as well, the device will shut your vehicle off and lock you out of the car. The best way to avoid this mess is to show up to your appointment dates. If you miss one, contact the necessary organization or your probation officer and inform them of your issue.
Q: I’m not in the financial position at this time to pay for an Ignition Interlock Device. What can I do?
A: In certain cases a judge will grant you an Ignition Interlock Device waiver. In order to obtain this, you must be able to show the judge that paying for the IID is a serious hardship for you financially. The best way to be certain that you obtain a waiver is to consult with one or more Savannah criminal defense attorneys. An aggressive, seasoned lawyer like Dennis O’Brien will fight for your right to claim your waiver.
A lot of folks in Georgia and around the U.S will openly admit that they don’t like lawyers. It’s a pretty common theme amongst most people. But what is worse than finding out that the lawyer that you put your trust in (even if you didn’t like him or her) isn’t as great at their job as they said that they were?
It’s a horrible feeling to realize that your lawyer isn’t up to par, but if you take to heart some of the following tips, you can avoid that feeling altogether.
Do Your Homework – This of it like this: if you just moved to a new city, and you knew that your car needed some body work, wouldn’t you ask around and do some research to find the most trusted body shop with the best prices?
Finding the right criminal defense lawyer in Savannah or Atlanta is similar, in that you should do your due diligence and find the right lawyer for you. If you are facing a criminal charge, the result of your case is one that you will have to live with for the rest of your life, so take the time to make sure that you choose a great criminal defense lawyer. Searching the phone directory is just the first step.
Experience Matters – It might be hard for a lot of people to believe, but there are a lot of lawyers in this world who have never tried a case in the entire span of their career. One of the first questions you should ask your lawyer is how many trials he or she has had. Also consider asking:
• Were the cases that you been involved in civil or criminal cases?
• Were the cases in front of a jury or a judge?
• How many cases did you win last year?
• How many cases have you won this year?
Specialized Case=Specialized Lawyer – It is a good rule of thumb to not hire a general practitioner to do a specialized job. Most criminal defense cases are very in-depth and contain many nuances and intricacies that only a seasoned attorney like Dennis O’Brien can navigate through.
If time is of the essence in your case and you do not have enough time to search for a proper criminal defense lawyer, Dennis O’Brien can help. With years of experience as a lawyer as well as a police officer, O’Brien Law Firm PC brings a unique set of skills and understanding to the table that other lawyers cannot. Contact us today for your free initial consultation.
I have been cooperative in every aspect of my first DUI case. What happens if I plead guilty in court?
Because of the DUI laws in the state of Georgia, if you plead guilty to your first DUI charge you will receive mandatory jail time. Despite your cooperation, the judge ruling over your case has no other choice but to sentence you to jail time. When you plead guilty to your first DUI charge your license will also be suspended for one year, and you will have a DUI on your criminal record which may result in less employers hiring you. You will also experience higher automobile insurance rates among other consequences.
I do not recall my arresting officer reading me my Miranda rights. Can my case be thrown out?
A police officer only has to issue you your Miranda rights after you have been arrested and before he or she interrogates you. Under Georgia law, a police officer does not have to give a Miranda warning during an officer’s initial DUI investigation. It is a good rule of thumb to keep quiet and not say anything that may incriminate you before, during or after you have been arrested. However, if you have been placed into custody, interrogated, and not issued a Miranda warning any incriminating statements you make will not be admissible in the court of law.
It is always a good idea to contact one of the Savannah DUI lawyers if you have any questions regarding Miranda rights or any other facet of DUI law.
A colleague of mine mentioned the 10 day rule. What is this?
The 10 day rule comes into play if you refused to take a urine, blood or breath test. If this is the case in your situation, you are looking at a one year suspension of your driver’s license. You can avoid this by requesting a hearing to the Georgia Department of Public Safety, which must be hand written. If you do not make this request within 10 business days of your arrest, then your Georgia driver’s license will be suspended automatically.