Atlanta DUI Lawyers
- Margolis Legal Group:
If you are charged with Driving Under the Influence or any traffic offense, itÕs important for your lawyer to understand the issues that are unique to these types of cases. Some traffic offenses carry mandatory jail time and mandatory driversÕ license suspensions. Too many people plead guilty to DUI or traffic offenses thinking they are getting a good deal, only to find out later some of the costly hidden consequences.
- BVS Law Firm:
When people think of a driving under the influence (DUI) arrest they might envision someone who is physically incapacitated to the point of stumbling or falling down while performing a field sobriety test due to alcohol use. However, in the state of Georgia you can be arrested for a DUI offense if you are under the influence of drugs, prescription drugs and even glue or aerosol vapors.
Being arrested for DUI in Georgia can be stressful and result in a tedious and time consuming process if you are convicted. Hiring an Atlanta DUI defense attorney can be an important step towards resolving your alleged DUI case potentially without harsh penalties and fines.
- Ramsey & Norman:
Under Georgia law, it is a crime to operate a motor vehicle if your driving abilities are impaired by alcohol or drugs. You are considered legally intoxicated if your blood alcohol concentration is .08 or higher on a breath test. You may be charged with a DUI if your driving patterns are considered impaired by drugs or alcohol based on the observations of a law enforcement officer. Either way, you risk losing your driver's license and other serious penalties. To give yourself the best possible chance of minimizing the harsh penalties that a DUI carries, we strongly advise you to retain the services of a legal professional who knows DUI defense. An Atlanta DUI attorney at our firm can provide aggressive and experienced legal representation; we urge you to contact our firm to speak to one of our attorneys as soon as possible.
DUI Cases and Consequences
You have 10 days following the date of your DUI arrest to handle a license suspension of one year. If you do not act quickly, your license will automatically be suspended. Other penalties that may result from a first DUI conviction include from 10 days to 1 year in jail with a mandatory minimum of 1 day of incarceration, fines between $300 and $1,000, a minimum of 40 hours of community service, the cost of reinstating your license, other court costs and surcharges, as well as mandatory alcohol or drug abuse education or treatment programs. If you are convicted, your auto insurance premiums will increase and you will have a criminal record.
Subsequent DUI convictions within 5 years will result in more severe penalties, including the possibility of an ignition interlock device to be installed on your vehicle and license suspensions of 3 years.
- Moran, Michael:
In the state of Georgia, penalties for drunk driving can be severe, even for the first offense, and were increased in 2008. Mandatory jail time and the loss of driver's license or privilege to operate accompany a conviction for DUI. The Georgia Implied Consent Law also mandates a loss of license or privilege to operate a vehicle if your blood alcohol content (BAC) is .08 or greater, or you refuse to submit to chemical tests requested by an arresting officer. You may only have ten business days to save your license.
However, with strong legal counsel, it is possible to keep your license and avoid a conviction for DUI. Whether or not this is your first DUI, the most important thing to do is to contact us immediately. Learn about your rights.
- Hwang, Jimmie:
DUI traffic
- Hollingsworth Trial Lawyers:
There are three ways that a DUI offender can be punished, these are (1)
a jail sentence, (2) fines, and (3) license suspension. The judge in
your case can impose a jail sentence and a fine. The Department of
Public Safety (commonly known as "DPS" or "the State Patrol") can
impose a period of suspension of your driving privileges. Since DUI is
a misdemeanor in Georgia, the judge has the legal authority to impose a
jail sentence of up to one year and a fine of up to $1,000.00 (and
sometimes up to $5,000.00) for each offense charged. This doesn't mean
that the judge in your particular case will give you a one year jail
sentence or a $1,000.00 fine -- it just means that he or she can impose
such a sentence if he or she sees fit.
- Thomas Jordan: If you have been charged with
Driving Under the Influence, you are at risk of losing your driver's
license. In some situations, you must take legal action within 10 days
or you
may have your driver's license suspended for one year. Furthermore, a
plea of guilty can result in jail time, a criminal record, higher
insurance rates, loss of reputation, and loss
of employment and/or diminshed job prospects.
There are legitimate defenses to a DUI charge including the lack of
probable cause when the police officer made the initial stop,
inaccuracy of the field sobriety test, and
inaccuracy of the breath-testing machine.
- Odom Law Firm:
DWI and DUI
With the legal alcohol limit in Georgia being .08, and the expanding efforts of law enforcement to curb the occurrence of drunk driving, increasing numbers of people are being arrested on suspicion of DUI/DWI. Additionally, more and more drivers are also facing the realities of criminal liability for refusing to submit to blood alcohol and/or field sobriety tests.
- Hawkins, Michael:
If convicted, will I go to jail?
This is a tough question to address because a good deal of the sentencing is left to the judgeÕs discretion. However, one thing is absolutely certain. If you are stopped and you are found with a Blood Alcohol Level of .08 or higher, the judge must sentence you to 10 days in jail. However, this sentence may be waived or suspended by the judge. That is the judge may waive all of the sentence except for 24 hours. 24 hours is the minimum whereas the maximum sentence is 12 months in jail.
- Burgar, Marco:
DUI is a highly technical charge with very serious penalties. It is important that
your attorney knows and understands the specific requirements that officers and
the state must adhere to in order to convict a person of DUI. Only with that
knowledge can anyone accurately assess the defense of your case. We have the
knowledge and experience in these subjects necessary to give our clients an
accurate and frank evaluation of their case.
The charge off DUI carries with it serious implications for your driving privileges,
and action in your defense must usually be taken within 10 days of arrest in
order to preserve your license! It is important that you contact us immediately
after arrest to ensure the proper measures are taken to save your license while
your case awaits trial.
For those who have been convicted of DUI in the distant past, recent changes to
Georgia law have made it more likely that you will be subject to substantially
increased penalties. Prior law had mandated higher penalties for drivers with
previous convictions in the five years prior to arrest. This look-back period has
been changed to ten (10) years, and the legislature has made a fourth offense
within this period a felony.
- Hill, Wesely:
* Criminal & DUI Defense
* Family Law
* Wills, Estates & Probate
* Taxation and Corporate Practice
- Hart & Giudice:
It doesn't matter if you have a spotless driving record. If you are arrested for a DUI offense, the police and prosecution will push for the maximum available penalties.
- Kane & Jones:
city or municipal ordinance violations, to state law violations for misdemeanors such as DUI, drugs, battery assault to Felonies
- Andrews, Knowles & Princenthal:
Over the years, the ability of a defense lawyer to challenge a DUI arrest has steadily been eroded due to changes in the law and breath testing technology and procedures. Nevertheless, it is possible to successfully defend a client who has failed a breath test.
The police officer may have had no legitimate reason to make the traffic stop or continue the investigation. The officer may have erred in conducting the field test. Back at the station, the breathalyzer test may have been conducted wrongly or the machine not in perfect working order.
- Villaneuva Law Firm:
In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense may be called driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), and even operating a motor vehicle intoxicated (OMVI). Whatever the specific title, DUI laws make it unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if:
* The driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines;
or
* The driver is intoxicated at a level above established DUI standards, such as blood-alcohol concentration (BAC).
Field Sobriety and Chemical Tests
When a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver, and may ask for his or her consent to some form of chemical test for intoxication.
Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the person's physical or cognitive ability. Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having he or she recite the alphabet backwards; and the officer's use of the "horizontal gaze nystagmus" (eye and penlight) test.
Chemical tests can be conducted during the vehicle stop, using a Breathalyzer that measures a driver's blood-alcohol concentration (BAC), or at a hospital, where urine and blood tests can be performed. Many states allow a driver suspected of DUI to choose which type of chemical test is administered.
Refusing a Chemical Test: "Implied Consent" Laws
All states have "implied consent" laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. The logic behind such laws is that, by assuming the privilege of driving a vehicle on state roads and highways, drivers have effectively given their consent to DUI testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. Often, license sanctions for test refusal are more harsh than those imposed after DUI test failure. In most states a driver's refusal to submit to a chemical test may be used to enhance the penalties imposed if he or she is eventually convicted for DUI.
"Per Se" and "Zero Tolerance" DUI Laws
All states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) above a set limit. In states like California and New York, this means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
All states also carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02.
For a state-by-state listing of laws associated with DUI, click here.
Keep in mind that a driver may still be arrested and convicted for DUI without proof of "per se" intoxication, when other evidence of impaired driving is shown. For example, a driver with a .06 BAC level can be found guilty of DUI if an arresting law enforcement officer testifies that he observed the driver's vehicle swerving badly, and that the driver exhibited both slurred speech and severe inattention during questioning after a vehicle stop.
DUI Convictions: Criminal Penalties
A DUI conviction may carry criminal penalties including fines, jail time, probation, and community service. Some state laws impose certain minimum penalties for first-time offenses, then designate increased penalties for each offense thereafter. Severity of criminal penalties will vary according to the circumstances of the offense, including:
* Whether the driver has a history of DUI violations;
* Whether the driver was operating a commercial vehicle at the time of the DUI;
* Whether the DUI violation occurred while there was a child in the vehicle;
* Whether the DUI violation occurred simultaneously with another dangerous moving violation, such as reckless driving;
* Whether the DUI violation involved a car accident in which property damage occurred;
* Whether the DUI violation involved a car accident in which another person was injured or killed;
* Whether the driver was under the legal drinking age at the time of the DUI violation.
For a state-by-state listing of certain penalties associated with DUI, click here.
DUI Arrest and Conviction: Driving Privilege Penalties
In addition to potential criminal penalties, a DUI arrest or conviction will have an immediate negative impact on driving privileges.
Most state laws allow a motor vehicle department to immediately suspend the driver's license of any person operating a vehicle with a BAC above the state limit for intoxication, or any driver who refuses to submit to BAC testing. The driver's vehicle may also be confiscated or impounded, and the DUI offender will likely incur significant administrative costs. This loss of driving privileges can normally occur even before a DUI conviction. Most states allow a DUI arrestee to obtain a temporary license and request an administrative hearing at which he or she may argue against license suspension, or for restoration of limited driving privileges.
As with criminal penalties, the impact of a DUI arrest or conviction on driving privileges will vary according to the driver's history of DUI violations and the severity of the offense. An increasingly popular DUI penalty, especially for repeat offenders, is mandatory installation of an "ignition interlock" device on the offender's vehicle. This breath-testing device measures the vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimum amount of alcohol is detected, such as BAC level of .02. Where this punishment is utilized, most states require the DUI offender to pay costs of installation, rental, and maintenance of the ignition interlock device. Rental fees alone can amount to as much as three dollars per day, so a DUI offender's expenses can add up quickly when an ignition interlock device is required.
For a state-by-state listing of certain penalties associated with DUI, click here.
Plea Bargains in DUI Cases
Due to recent law enforcement trends that focus on preventing DUI by penalizing offenders harshly, most district attorney offices refuse to negotiate plea bargains in DUI cases. This is especially true if evidence of the violation is strong. In fact, many states have enacted laws that prohibit government attorneys from entering into plea bargains with DUI defendants. However, in rare cases a DUI charge may be reduced to a lesser offense like reckless driving or an "open beverage" violation.
- 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.
- 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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