Atlanta DUI Lawyers
- Robert Chestney:
The lawyers of The Chestney Law Firm are all criminal defense trial lawyers who are
exclusively devoted to the vigorous defense of DRIVING UNDER THE INFLUENCE
(DUI) and related cases. These lawyers are dedicated to the protection of the rights of
those accused of this increasingly serious crime.
- Patrick Deering:
Under Georgia law, a person over 21 years of age is considered "per se" under the influence
if he or she has a blood alcohol content of .10 within 3 hours of driving. A person with a blood
alcohol content of .08 is presumed to be under the influence and will be arrested. A driver 21
years old or over is presumed not to be under the influence of alcohol with a blood alcohol
content of .05 or under, but could be charged, at the officer's discretion, if his or her blood
alcohol content is .05 to .07. Drivers of ages 15 to 21 years may be convicted of DUI with a
blood alcohol content of only .02 or higher. NOTE: THE PENALTIES FOR DUI FOR PERSONS
UNDER 21 YEARS OF AGE, PARTICULARLY STUDENTS, CAN BE FAR REACHING AND
COMPLEX, DEPENDING ON THE FACTS OF EACH CASE, AND WILL NOT BE ADDRESSED
FURTHER IN THIS REPORT. CALL US FOR QUESTIONS REGARDING UNDERAGE DRIVERS.
Drivers of commercial vehicles who are 21 or older may be convicted of DUI with a blood alcohol
content of .04% or higher. Commercial drivers who suffer a conviction often find themselves
unemployable as drivers for insurance reasons.
- John
Israel: DUI, Driving Under the Influence, in Georgia is treated very
seriously by our courts because of the controversial nature of the
charges and the impact such conduct is alleged to have on the
community. A DUI arrest is charged as a crime and sentenced if
convicted based on the number of prior convictions an individual has on
his record within a period of the last 5 years.
- Larry
Kohn:
The Horizontal Gaze Nystagmus is a test designed to measure the jerking
of the eye. There are three ways to measure this "jerking" The first is
to check for smooth pursuit or checking to see if the eye is pulling or
"jumping" as it follows a stimulus. The next check is done to see
whether the nystagmus becomes more "distinct" when the eye is moved to
a lateral extreme or maximum deviation. The final measure is the angle
of the onset of nystagmus. By measuring the angle at which the eye
begins jerking, an officer can, theoretically, roughly estimate BAC.
- Sean McIlhinney:
DUI is a serious offense, which carries serious penalties. The State
can secure a DUI conviction by either showing (1) that the Defendant's
blood alcohol content (BAC) was .10 grams or more within 3 hours before
or after being in control of the vehicle or (2) that the Defendant was
"less safe" (a BAC reading of .08 - .0999 raises this presumption but
may be rebutted). A knowledgeable and experienced DUI attorney can
sometimes prevent the State from being able to introduce BAC results as
evidence at trial because of the State's failure to follow or meet
specific legal guidelines relating to the administration of the test or
its results. Also, a knowledgeable and experienced DUI attorney can
often times effectively challenge the accuracy and reliability of the
BAC results as well the results of any field sobriety tests.
- Speer Law Offices:
There are many ways that a DUI offender can be punished, these include (1) a jail
sentence, (2) fines, (3) license suspension, (4) confiscation of the offenders car tag,
(5) mandatory drug and alcohol evaluation and treatment, and (6) publication of a
conviction in the county newspaper for persons who have had three or more DUI's in
a five year period.
- Harvey T. Siegel:
Every case stands and fails on its own facts and they must be
examined carefully. The advise and guidance of a lawyer who has been specially trained
and experienced in handling DUI cases can be an invaluable asset in handling your DUI
case.
- Lee Perkins:
It always is advisable to speak to an attorney as soon as possible
after being charged with a crime or having received a traffic ticket.
An attorney can give you advice to keep you from accidentally hurting
your defense. Additionally, you may lose certain rights by inaction.
For example, you can lose your Georgia driving privileges as a result
of a DUI arrest if you do not send a letter appealing a potential DUI
suspension within ten business days of the arrest.
- Mark
Sullivan:
Georgia law does mandate time in jail even for a first life-time DUI offense.
- Henry Toler:
Time of driving—In a per se case (over .10 grams/percent for those defendants over 21 years of
age, .02 grams/percent for those under 21, and .04 grams/percent for those driving commercial
vehicles at the time of the alleged violation), the state must prove your blood alcohol
concentration was over a certain level within three hours of driving. Sometimes it is difficult for
the state to establish time of driving, e.g. an accident case when the other party to the accident
does not come to court to testify.
- Lee
Webb: In Georgia, the Georgia Department of Public Safety (DPS) may
suspend your driver's license or privilege to drive on the highways of
this state administratively, prior to any court adjudication.
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