Legal Question in DUI Law in Georgia

First offense DUI

I was a graduating college student in april, I had drove home after being at a bar with friends, when I pulled into my driveway campus police pulled up behind me and proceded to give me a sobriety test. They took me to the station and I blew a .18 there. This is my first offense so I had many questions, however no-one seemed to want to take the time to answer them and being a poor college student a laywer was out of the question. I was told that I would be able to say a few words to the judge to consider before sentencing me, which didn't happen. Within 3 days I was to be on my way to take a job in Minnesota, where I currently am. Do I have any argument for the arresting officers coming onto private property to arrest me? And now that I'm in MN what do I have to do to get any kind of license?? please help.

Asked on 10/25/04, 7:30 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense Services
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Re: First offense DUI

Are you saying your drivers license was revoked and you were convicted of DWI in Georgia? And now you are in Minnesota, wondering how to get a drivers license again? If so, to get drivers license in Minnesota, you will first be required to do whatever is required to get your Georgia drivers license reinstated. Then, you can apply for a Minnesota drivers license. In the meantime, you should be able to get a Minnesota picture ID. Contact the Minnesota Department of Public Safety for more information on drivers licenses and photo IDs.

As for your potential defenses to your drivers license and DWI cases in Georgia -- talk to a Georgia lawyer. In Minnesota, however, once time to challenge the license revocation expires, and once you plead guilty to DWI, potential defenses are waived (it's too late).

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10/26/04, 11:09 am
Jim Hough Thomas J. Hough, Jr., P.C.
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Re: First offense DUI

My first thought would be to contact the agency in MN vested with issuance of licenses. Find out from them what it will take to get your MN license.

Likely they will require a clearance letter from the State of Georgia. The easiest way to accomplish this last would be to petition the court to issue a certificate of first conviction and apply for a provisional license in Georgia. After 4 months you could reinstate your license in Georgia. From there it would be a straight shot to a MN license.

This answer assumes we are dealing with a Georgia license in the first instance. If not, the answer would be different and would require more thought.

In any case, you need representation, in my opinion.

Jim Hough

770-607-5300

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10/26/04, 8:48 am

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