Legal Question in DUI Law in Georgia

Public Drunk

I was taken to jail for two violations, 1- public drunk and 2- pedestrian in roadway, do I need a lawyer or what do I need to do? I was not given a breath test or blood test, I was not even read my charges until after I was in jail for a couple of hours. I need to know what I should do in this situation?


Asked on 4/27/04, 2:05 pm

1 Answer from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Public Drunk

There is no legal requirement that you be given a blood or breath test for either violation with which you have been charged. Likewise, the fact that they did not read you the charges is of little legal significance as I understand the facts you have related.

If you contest the charges, by all means consult with an attorney. I have represented a person who was in an insulin related diabetic coma and was charged with DUI and vehicular homicide. We were able to get the charges dropped when we proved the state of facts surrounding the event.

If you do not contest the facts, I recommend you go to court and ask the prosecutor what you are facing in terms of fine, etc. If it is not too burdensome, you might not need representation. If it is, I believe most courts will allow you one continuance to consult with an attorney.

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Answered on 4/27/04, 5:41 pm


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