Legal Question in DUI Law in Georgia

Re: Fingerprinting

A DUI in Alabama does not require that you be fingerprinted or "booked". Usually, most jurisdictions will arrest you, give you the traffic citation, wait 6 hours to give you a second breathalyzer to see if you are sober enough to get out of jail and then, if not, give you another test 6 hours later.

Re: Fingerprinting

Certain protocol should be performed when you are arrested. However, their failure to fingerprint you would only serve to hurt their case against you, if you contended a misidentity defense. Since it appears you are the one who was in the car, their lack of fingerprinting is not defense to your charges.

Also, in some jurisdictions they will not fingerprint because a DUI is only a misdemeanor. Technically, they could just give you the citation and let you go. It is an offense that "allows" the agency to arrest you, but does not require it.

If you need an attorney in the Atlanta, Georgia area, feel free to contact my office.

Sincerely,

David H. Glass

(404) 529-9081