Consequences of a DUI conviction in Georgia

March 1st, 2011 Richard Blevins Posted in Collateral Consequences of a DUI Conviction, Uncategorized No Comments »

If you are stopped and arrested by a law enforcement officer in Georgia for DUI, you may face several things if you are convicted in court. The maximum penalty for a first DUI conviction in Georgia is 12 months in custody and a $1,000.00 fine. The minimum penalty for a first DUI in Georgia is 10 days in jail and $300.00 fine. There are a few mandatory requirements: 40 hours of community service, Risk Reduction course, known as DUI school, an alcohol evaluation and any complete any treatment that is recommended. The is also a one year suspension of your driver’s license. You may be eligible for a temporary driving permit for 120 days.    Written by Richard Blevins  visit my website.

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Administrative license suspension

January 19th, 2011 Richard Blevins Posted in Collateral Consequences of a DUI Conviction, Uncategorized No Comments »

If you are stopped in Georgia by law enforcement and ultimately arrested for DUI, you may have more problems than with the court system. The state of Georgia has a right to suspend your ability to drive in Georgia if you are operating a motor vehicle under the influence of alcohol. This proceedure is known as an administrative license suspension (ALS). After your arrest the officer may submit a petition to suspend your driver’s license. The petition is known as a 1205 form. The officer will do this if you register a .08 grams or more or if you refuse the state’s test. If this occurs you have ten days to file a request for a hearing with an administrative law judge. Your request for a hearing must be accompanied by a fee of $150.00.If this happens to you, contact an attorney as soon as possible so they may prepare your defense.Written by Richard Blevins visit me at my website.

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Want to visit Canada? Think again if you have a DUI conviction.

January 11th, 2011 Richard Blevins Posted in Collateral Consequences of a DUI Conviction, Hiring a Lawyer 1 Comment »

Not too long ago visiting Canada was easy as flashing your driver’s license and waving at the border guard.  After 9/11, things changed dramatically.  A DUI is an extremely serious offense.  According to the Canadian Immigration Act, any offense that is indictable in Canada, which includes DUI convictions, makes you a member of the inadmissible class.  As a member if this class you are ineligible to visit, stay or travel through Canada.  After many years, approximately ten years, you may apply with the Canadian Minister’s Approval of Rehabilitation to be removed from this class.  All hope of travel to Canada is not lost, if you are a member of the inadmissible class.  You can apply for a Temporary Resident Permit.  However these are difficult to obtain.  There are two ways to to apply for this permit.  First, you can apply for one at the border, this is less paperwork, but you stand a greater chance of getting denied.  Secondly, you can apply in advance with a Canadian Consulate.  When applying for any permit, I strongly encourage you to consult with an immigration attorney.  If you have a pending DUI case and want to travel to Canada, it is helpful to have a letter from your attorney outlining the case.  Written by  Richard N. Blevins, Jr.,  191 Roswell Street, Marietta, GA 30060    678-354-2290  For more information, please visit our firm website or our Criminal Defense website.

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Military Consequences of a DUI

August 7th, 2006 Allen Trapp Posted in Collateral Consequences of a DUI Conviction 2 Comments »

Military Consequences/Actions for Incident Off-Post
Savannah attorney and retired JAG officer Doug Andrews has prepared this list of common actions that the military may inflict on the soldier (and probably the airman, sailor and marine). This list may not be all inclusive, and not all actions will be taken in every case, but the consequences can be enormous and continuing. However, it shows the options available to the commander and what may result, separate and apart from the civilian disposition.

Immediate Suspension of all Favorable Personnel Actions (“Flagged”):
No promotions
No leave or passes allowed
No transfer/reassignment by Permanent Change of Station
No Temporary Duty assignment
No selection to attend military schools

Relief for Cause from Duty Position with adverse Efficiency Report filed for record.

Suspension or Termination of Security Clearance, which bars access to sensitive equipment and information, prevents performance of classified military duties, and causes transfer or elimination from service.

Bar to Re-Enlistment imposed, forcing discharge at end of enlistment, ending career.

General Officer Memorandum of Reprimand filed in permanent record.

Mandatory/Command referral to ADAPC/ASAP (Alcohol or Substance Abuse Proram).

Initiation of Reduction Board (to reduce in rank an enlisted person) for “inefficiency” or inability to perform at more senior rank.

Mandatory Separation if reduction causes “Retention Control Point” to be exceeded, which sets limits on length of service allowed for each rank. (For example, E-4/Corporal limited to 9 yrs service, E-5/SGT = 13 years maximum and short of retirement eligibility).

Administrative Elimination/Discharge Action, with likelihood of stigmatizing Less than Honorable Discharge, which denies veteran’s benefits, including Educational Assistance (G.I. Bill)

Quality Management Program review initiates discharge as “less qualified” for retention.

Upon Discharge, likely to be stigmatized with Re-Enlistment Code of RE-3 or RE-4, which prevents re-entry into military service (even in the Reserve Forces), despite a successful rehabilitation period, effectively preventing later qualification for retirement eligibility
based on years of accrued service
Punitive action under the Uniform Code of Military Justice (10 U.S. Code 801 et seq.)
Article 15 (Non-Judicial Punishment action) imposed by Commanding Officer, which may include reduction in rank, forfeitures of pay, restrictions on liberty, and extra (fatigue-type) duty.
Court-Martial, which may impose confinement, forfeitures, reduction in rank, and either a Bad Conduct Discharge or Dishonorable Discharge, both of which are stigmatizing and disqualifying for military and veterans benefits.

Doug Andrews
LTC, JAGC (USA, Retired)
912 236-3020 offfice
912 657-1515 cell
912 236-1420 FAX
327 West York Street
Savannah, GA 31401

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Impact of a DUI on a Coast Guard Operator’s License

August 5th, 2006 Allen Trapp Posted in Collateral Consequences of a DUI Conviction No Comments »

The majority of the towing, salvage, and marine assistance industry’s members hold Coast Guard-issued licenses for various types of vessels, routes, and sizes. Most of the operators are familiar with the license application, examination, upgrade, and renewal processes. However, a much smaller number are aware of the criteria the Coast Guard applies to initiate suspension and revocation action against a license, for a variety of offenses. What follows is a brief discussion of this process, its consequences, and the responsibilities that accompany the issuance and use of any Coast Guard license from the operator of a 20′ rigid hull inflatable to the Master of the largest supertankers.

While acting under the authority of their license, operators are required to operate their vessels in a safe manner, within the limitations of his or her license and in compliance with any applicable laws and regulations. The operator must be mentally and physically competent and must not operate the vessel in a negligent manner. Furthermore, even if you are not acting under the authority of your license, i.e. ashore and not engaged in any marine assistance capacity, you could be held accountable for your actions. Any drug-related, serious alcohol-related event (e.g. DUI, a fatal accident, or reckless driving if alcohol is involved), or other serious criminal convictions could lead to the potentially permanent loss of your operator’s license or preclude its renewal when it expires. If this happens, the mariner must wait an extensive probationary period with no further violations before the license will be renewed. The primary purpose of a personnel investigation or action is to promote safety on the high seas and the navigable waters of the U.S., and to prevent or mitigate personnel related hazards to life, property, and the marine environment. The Suspension and Revocation (S&R) process is remedial in nature and not intended to maintain discipline on vessels. Only if a disciplinary problem constitutes a hazard to life, property, or the environment will a personnel investigation be contemplated. The investigation may result in administrative action being taken against an individual’s license and/or Merchant Mariner Document (MMD).

The Coast Guard may initiate a personnel investigation upon report or evidence that an individual has committed one of the following acts* while acting under the authority of his/her license: Incompetence, misconduct, negligence, or a violation of law or regulation (*as defined in Title 46, Code of Federal Regulation Part 5). Furthermore, an investigation will be initiated if a mariner fails a drug-screening test or has been convicted of a dangerous drug law within the past ten years.

During the course of the investigation, the Investigating Officer (IO) will conduct interviews, gather evidence, and issue subpoenas if necessary. If the Coast Guard determines there is substantial evidence of an offense, the IO may issue a complaint against the respondent. The IO may offer to settle the matter with a letter of warning or proceed to a formal Suspension and Revocation (S&R) hearing.

The S&R hearing will be heard in front of an Administrative Law Judge (ALJ) under the protocols of the Administrative Procedures Act (5 USC 551 et seq.). In an Administrative hearing, there are opening and closing statements, direct and cross-examinations, and both the Coast Guard and the respondent can present evidence to the judge. The accused respondent may elect representation by an attorney but it is not required. The ALJ may ask questions of both parties. Since the S&R proceedings are remedial in nature, the administrative rules and procedures are less rigid than a criminal court, which could impose jail time or a criminal fine. Instead of proving the case beyond “a reasonable doubt,” the IO has to prove the case by “a preponderance of evidence.” Furthermore, the ALJ usually affords the respondent and the Coast Guard quite a bit of latitude concerning the use of legal procedures and the interpretation of Federal Rules of Civil Procedure.

Once both sides have presented their cases, the ALJ will issue a Decision and Order, which recites the disposition of the case. If the Coast Guard did not prove its case, it will be dismissed. If the Coast Guard did prove its case, the ALJ can issue a warning, suspend a license (with or without probation), or revoke it. The IO will make a recommendation to the ALJ and the respondent can offer mitigating evidence before the ALJ issues the order. For the most severe and all drug-related offenses, the ALJ must revoke the operator’s license.

If a suspension or revocation is ordered, the respondent will have to turn his or her license over to the Coast Guard at the hearing. There are avenues for appeal and other provisions for depositing or surrendering a license in lieu of a hearing. These options, and more detailed information and policy on the administrative actions are discussed in Title 46, Code of Federal Regulations Part 5 and Title 33, Code of Federal Regulations, Part 20. The Investigation Department of your local USCG Marine Safety Office can also be contacted for additional information or further explanations.

This is a very brief synopsis of the entire S&R process. Every licensed operator should be familiar with the laws, regulations, and standards of conduct that must be met. Failure to meet these responsibilities could directly impact your license, business, and livelihood.

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