Penland, Romans, & Rayburn Law Firm, GP Penland, Romans, & Rayburn Law Firm, GP 2026-05-26T21:27:44Z https://www.penlandlaw.org/feed/atom/ WordPress /wp-content/uploads/sites/1104629/2025/11/cropped-PRR-fav-icon-1-32x32.png On Behalf of Penland, Romans, & Rayburn Law Firm, GP <![CDATA[How to keep your Georgia driver’s license after a DUI]]> https://www.penlandlaw.org/?p=48880 2026-02-23T10:09:05Z 2026-02-23T10:08:19Z A DUI arrest can put your license at risk right away. The license process is separate from your court case. If you miss a deadline, you can lose your right to drive.

Act fast: Deadlines and basic choices

You generally have a limited window to preserve driving privileges. Under O.C.G.A. § 40-5-67.1, you can ask for an Administrative License Suspension (ALS) hearing or choose the ignition interlock option to get a limited permit. 

What you should do now

Take these steps right away to protect your options and show you followed the rules. Before the list below, use this checklist to help avoid an automatic suspension:
  • File an ALS appeal: Ask DDS for a hearing within the deadline and include the filing fee.
  • Install an IID for a limited permit: If you qualify, install an ignition interlock device and apply for an Ignition Interlock Limited Permit before the deadline.
  • Keep all paperwork: Save your DDS 1205 form, receipts, installation records and program certificates.
  • Begin required programs: Sign up for a DDS-approved DUI risk reduction program if you are required to do so.
These steps can help protect your license while your court case moves forward.

What to expect next

The ALS hearing focuses narrowly on procedure: whether the officer had reasonable grounds, whether implied-consent warnings were given and whether the test was properly offered. Because the ALS is administrative, prevailing there can stop an immediate suspension even if the criminal case continues.

Legal help can change outcomes

You may file the ALS appeal yourself but an attorney familiar with Georgia ALS practice can help ensure timely filing and challenge procedural defects. Consulting an attorney early could preserve driving privileges and clarify reinstatement steps without offering legal advice.]]> On Behalf of Penland, Romans, & Rayburn Law Firm, GP <![CDATA[How to navigate child custody between Georgia and another state]]> https://www.penlandlaw.org/?p=48866 2025-12-31T18:33:05Z 2025-12-31T18:33:05Z Proximity and relocation challenges Georgia serves as a major hub in the Southeast, making it common for parents to relocate to nearby states. Many Georgia parents find themselves co-parenting with ex-spouses living in:
  • Tennessee
  • Alabama
  • Florida
  • North Carolina
  • South Carolina
Even if a move to a neighboring state takes only a few hours, it still triggers significant legal requirements. You cannot simply leave without addressing your current custody and visitation schedules. A formal modification is necessary to ensure the new arrangement remains enforceable and fair for both parents. Moving without this legal permission can lead to unnecessary conflict and potential court intervention.

Understanding home state rules and the UCCJEA

Georgia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to resolve interstate custody disputes. The law helps courts determine which state has the authority to make or modify custody orders. The "home state" is typically where your child has lived for at least six consecutive months before the legal filing, which prevents multiple states from issuing conflicting orders at the same time. Courts prioritize stability and the child's established environment when reviewing these requests. You should always seek official authorization before making any permanent geographic changes.

30-day notice rule

In Georgia, you must provide written notice to the other parent at least 30 days before moving. The notice should include your new address and the reason for the move. If the other parent objects, they may request a custody modification. Georgia courts value transparency, and providing this notice is the best way to avoid contempt charges. To ensure your move is legally sound, send the notice via certified mail, return receipt requested. While a quick email or text might seem easier, using certified mail provides you with a paper trail and "green card" receipt that proves the other parent actually received the information. Having this proof in hand is your best defense if any questions about your timeline or transparency arise in court later.

Ensure compliance and stability

Interstate custody arrangements require you to balance logistical planning with strict legal compliance. Because laws vary between Georgia and other states, managing jurisdictional hurdles remains a delicate process. Given the high stakes of parental rights and the technical nature of the UCCJEA, skilled legal counsel is essential to ensure the final agreement is enforceable and protects the parent-child relationship. Proper guidance helps you avoid common pitfalls that can arise during relocation.]]> On Behalf of Penland, Romans & Rayburn Law Firm, GP <![CDATA[Three things to know about DUI in Georgia]]> https://www.penlandlaw.org/?p=47880 2025-01-01T22:48:21Z 2024-11-14T21:54:53Z #1: Reasons for a DUI stop Law enforcement officers can stop a vehicle for several reasons that might lead to allegations of driving under the influence (DUI). Common examples include:
  • Erratic driving: Observing behaviors such as swerving, speeding, or braking erratically can prompt a stop.
  • Traffic violations: Committing any traffic offense, such as running a red light or stop sign, can lead to a stop and subsequent DUI investigation.
  • DUI checkpoints: These are pre-announced, legally established roadblocks where all or a selection of drivers are checked for sobriety.
Each of these situations may give an officer the opportunity to assess the driver for signs of intoxication, which might include the smell of alcohol, slurred speech, or visible impairment.

#2: How officers move forward with DUI charges

After stopping a vehicle, the officer conducts a preliminary assessment. If they suspect DUI, they may request a field sobriety test. This generally involves the officer asking the driver to perform tasks to assess balance, coordination, and the ability to follow directions. The officer may also ask for a breathalyzer test which measures the alcohol concentration in the driver’s breath, providing an indication of impairment. If the officer finds probable cause, they can arrest the driver for DUI. The decision to press charges will depend on the collected evidence, which must demonstrate impairment to the extent that the driver could not operate the vehicle safely.

#3: Possible penalties for a DUI conviction

The consequences of a DUI conviction in Georgia are severe and can vary depending on the number of prior offenses and the specifics of the current incident. Penalties include:
  • Fines: These can range from hundreds to thousands of dollars.
  • Jail time: A first offense can lead to a minimum jail time, which increases with subsequent offenses.
  • License suspension: DUI convictions typically result in at least a temporary suspension of the driver’s license.
  • Community service and DUI school: Offenders may be required to complete community service hours and attend DUI prevention programs.
It is a good idea for drivers to understand the process and penalties associated with DUI charges in Georgia. Being aware of what constitutes probable cause for a stop and how officers determine impairment can help drivers make informed decisions. The implications of a DUI conviction are significant and can affect not only one’s personal freedom but also their financial situation and driving privileges.]]>