Misdemeanors.

Under a legal theory called implied consent, when you obtain your driver’s license, the law assumes that you agree–or consent–to a chemical test of your blood, breath, or urine if stopped by police and are arrested for driving under the influence. This consent is implied, meaning it is not expressly required by law. If you are arrested for DUI, the arresting officer must advise you of the fact your driver’s license or privilege to drive can be suspended if you do not agree to take a chemical test. After giving you this advisement, the officer then asks if you agree to take the State’s chemical test of your blood, breath, or urine. If you consent to the test, the officer will take you to a location for the test to be conducted. The test results will be used against you in the prosecution of the case. If you refuse this testing, or if you test above the legal limit, you may be served with a Department of Driver Services (DDS) Form 1205 which serves you with a license suspension. This license suspension process is considered administrative because it is a separate, civil proceeding that is associated with the DUI charge. If you are arrested for a DUI, you must request a hearing on the administrative license suspension within 30 days of the arrest, or the hard suspension goes into effect 45 days after your arrest and continues for a full year. Of course, a DUI conviction itself results in a license suspension. In some cases, after a DUI conviction, you may be eligible for a limited permit to work, go to school, and do other very limited activities. DUI convictions have lifelong consequences. So, if you are arrested for DUI, contact a lawyer immediately. And, never plead to a DUI without consulting a lawyer first.

Family violence offenses include any felony or misdemeanor offenses of “battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass” that occur “between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.” O.C.G.A. 19-13-1. If you are charged with a family violence offense, typically prosecutors charge and prosecute these cases aggressively. Bond and sentencing conditions frequently include “no contact” or “no violent contact” conditions that, if violated, can lead to other felony or misdemeanor charges. Family violence offenses can also have increased sentencing if a conviction occurs. Sentence conditions of family violence offenses often include requirements to complete anger management or a family violence intervention program. And family violence convictions can affect a person’s second amendment rights. If you are charged with a family violence offense, it is very important to get proper legal representation.