Legal Question in DUI Law in Georgia

Is it a legal arrest for DUI

I went to a police station to turn in an accident report for something that the night before while I was at a bar drinking. Someone else hit my truck while it was parked in the lot. The officer that I was speaking with notice alcohol on my breath(from the night before, no drinking since I had awaken that morning) and ask me to do a breath analyzer, I complied and was arrested for DUI. I was not in my truck at the time I was in the police station of my own accord. Is this a legal arrest for DUI?

Asked on 7/19/03, 11:33 am

1 Answer from Attorneys

W. Henry Clerke IV Bryman, Clerke & Kent, P.A.

Re: Is it a legal arrest for DUI

Whether or not a case can be made against you for DUI is in part dependant upon what you said to the police officer. The state will attempt to use your statement to the police officer in its case against you for DUI. It appears that this is a charge that you should fight. It is also important that you immediately request a hearing to avoid an administrative license suspension. Your failure to request such a hearing could result in your drivers license being suspended for one year. The foregoing is general information only, not specific legal advice. No attorney client relationship has been created or implied.

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Answered on 7/21/03, 7:48 am

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