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Atlanta DUI Lawyers

• Stein & Ward: Do I need a lawyer? Why can't I represent myself? You certainly have a right to represent yourself, but remember the very old legal maxim that, "He who represents himself has a fool for a client." A drunk driving charge requires an expert drunk driving attorney, someone who is familiar with the analysis methods, evidentiary issues and constitutional issues that will be faced in a drunk driving trial. You need an aggressive trial lawyer with experience in actually bringing drunk driving cases to trial. Do I have to take a chemical test? If arrested for drunk driving, you will be offered your choice of a blood, breath, or urine test to measure the alcohol in your system. In most states police are not permitted to physically compel you to take a chemical test unless you are involved in an injury-causing accident. To the extent the police may not be able to employ force to coerce you, the answer is "no, you do not have to take the test." Make certain you know the law in your state before you refuse a chemical test, however. Some states doÊpermit police to use reasonable force to obtain a blood sample if a breath test is refused, and in at least eight states the refusal itself constitutes a separate criminal offense. Wherever your arrest occurs, a chemical test refusal will probably trigger serious penalties, including administrative suspension of your driver's license for as long as three years. Even if a jury later finds you "not guilty," your acquittal will not stop the administrative suspension of your license. Thus, while you may have the "power" to refuse the test in some states, you probably do not have the right to do so in any state. And if your case goes to trial, the prosecution will use a test refusal against you as evidence of "consciousness of guilt" on your part, arguing that the reason you refused the test was that you realized the test result would prove your guilt. Refusing a chemical test is almost always a very bad idea. Do I have to take a Field Sobriety Test (FST)? No. You are not legally required to perform FSTÕs, and you should probably "respectfully decline" any request that you do so. It is virtually impossible to pass an FST. Nervous, frightened people tend to make mistakes, and you may be certain that if you are stopped for drunk driving and asked to perform an FST, you are going to be nervous and you are going to be frightened. If you make a single error - even a trivial one - in any of the several stages of the test, the officer may grade your performance as a failure. If, by some miracle, your performance is utterly flawless, one of the witnesses at your trial may be a prosecution expert, testifying that perfect performance on the FST does not necessarily indicate that you were not impaired by alcohol. The expert will then go on to explain that it may very well be an indication that you are a heavy drinker who has built up "tolerance" to alcohol over time. In other words, if you fail the test, that means you were impaired, but if you pass the test that doesn't necessarily help your case. Tell the officer that you are nervous and upset - that will certainly not be a lie - and that you "respectfully decline" to perform any FSTÕs. If I am arrested for drunk driving, am I required to take a drug test? If you are arrested for drunk driving police in most states allow you to choose between a blood, breath or urine test to measure the alcohol concentration in your blood. If you choose a breath test the test equipment used is not capable of testing you for drugs. You should be aware, however, that if you choose a blood test or a urine test, the sample you provide may be tested for drugs as well as alcohol. If the police have probable cause to believe that you are under the influence of drugs you may be required to give a blood or urine sample for testing instead of, or in addition to taking the breath test. Typically this occurs when a driver shows obvious symptoms of intoxication, but a breath test registers little or no alcohol in the system. When I was arrested the police took my driver's license and gave me some kind of suspension paper. What does this mean? The paper you received was very likely a Notice of Suspension of your driver's license by your stateÕs Department of Motor Vehicles or other licensing agency. Typically, this means that either your chemical test showed a blood alcohol concentration of .08% or higher or you refused to take a chemical test. Whichever type of notice you received, the most important thing for you to know, at least, initially, is that unless you request a hearing, the license suspension will happen automatically at the end of a specified time period. The time allowed for requesting a hearing varies from state to state. It can be as long as 30 days or as short as just a few days. Once the time for requesting a hearing has passed there is nothing that can be done to avoid or postpone the suspension. There are a number of technical, legal defenses which may apply to your case and if properly demonstrated at your hearing the suspension may be avoided. In any event, the mere request for a hearing will have the automatic effect of postponing the suspension until after the hearing, and in some cases this may be a matter of months. Under some circumstances, even if the suspension cannot be avoided, your attorney may be able to assist you in obtaining a ÒrestrictedÓ license, which would permit you to drive to and from work, school or medical appointments. What should I do if I am pulled over by the police? If you hear the siren and see the red light in your rear view mirror pull to the side of the road as soon as you can do so safely and turn off the engine. Do not get out of the car, but roll down your window and remain seated with both hands on the steering wheel. Do not make any sudden movements that might raise personal safety concerns in the officerÕs mind. When the officer approaches your window you will probably be asked to produce your driver's license, automobile registration, and in most states, proof of your automobile insurance. After examining these documents the officer will likely tell you the reason why you were pulled over and you may be asked some questions. You are not required to provide any information beyond the driver's license, registration and proof of insurance, but whetherÊor not you decide to give more information, you should remain courteous. This may not prevent the officer from giving you a citation, but it just might tip the balance in your favor in a judgment call situation. Do not argue with or lie to the police officer. That will not help the situation and it could result in further charges being added to the citationÊwhich the officer might otherwise have ignored. The officer will ask you to sign the ticket. You should do so without objection. You are not admitting guilt by signing the ticket. If you read the fine print you will see that what you are signing is a promise to appear in court on a specific date at a specific time. If you refuse to sign the ticket the officer will handcuff you and take you into custody. Remember, a traffic ticket situation need not involve personal confrontation. ItÕs up to you. What criminal penalties can I expect if I am convicted of drunk driving? While there is considerable variance from state to state most drunk driving laws provide a first offense a fine ranging from $500 to $2500, including special assessments, a jail term of six months to a year, and a driver's license suspension. In most states, the judge has the discretion to grant probation so that all or most of the jail sentence is held over the defendantÕs head until probation is completed. The probation term is usually from three to five years. The judge will usually impose additional probation requirements ranging from attendance at AA meetings and participation in alcohol rehabilitation and education programs to attending M.A.D.D. panels and performing community service (usually picking up trash at the side of the freeway). Repeat offenders often face an additional condition of probation which requires them to install some sort of ignition interlock device on their automobiles. With one of these devices in place the driver must blow into an mouthpiece and if there is alcohol on the breath the device will prevent the engine from starting. The penalties escalate with greater intensity on each subsequent conviction until eventually, the defendant may be charged with a felony and face a term in state prison. If I refuse to take a chemical test, can I still be convicted? You certainly can. The process of chemical testing for alcohol and drugs is a relative newcomer to the business of prosecuting impaired drivers. Chemical tests can be quite helpful to juries in determining the facts, but they are not essential. Prosecutors were obtaining convictions in drunk driving cases long before chemical testing was available. In most cases, refusing a chemical test will not greatly improve your prospects at trial, and any minor benefit it may produce is usually overwhelmed by the many other harsh consequences it brings. How long will I lose my driver's license? The answer to this question varies from state to state, and according to the reason for the license suspension. Most states are relatively tolerant in the case of a non-aggravated first drunk driving offense. If your chemical test shows a BAC of .08% or more most states require an administrative suspension of your license usually for a term of 30 to 90 days. Administrative suspension has nothing to do with the Court, but is handled by your state Department of Motor Vehicles or other licensing agency. These suspensions typically go into effect automatically if you do not request a hearing within a specified time, which can be a short as ten days or less. If you move quickly to request a hearing, however, you may continue to drive, at least until after the hearing. If your license was suspended for refusing to take a chemical test the term of the suspension will be longer, in some states as long as three years. It is much more difficult to convert a refusal suspension to a restricted license. With either type of suspension, you should be aware that driving with a suspended license triggers extremely harsh penalties in most courts especially when the license suspension arises out of a drunk driving conviction. If I am convicted of drunk driving can my insurance company cancel me? Yes, and many companies will do so as soon as they learn of the conviction. Others may not cancel, but will not accept renewal of your policy when it expires. That doesnÕt mean that you cannot purchase insurance, but you will probably be limited to an Òassigned riskÓ policy, and your premiums will be very expensive.
• Webb & Zagoria:

  Frequently Asked Questions regarding Criminal Defense

  Q: If I have been arrested, will I be convicted?
  A: No, the State of Georgia must prove your guilt to a jury beyond a reasonable doubt. The chance of defeating a criminal prosecution is greatly improved by hiring an experienced criminal defense attorney.

  Q: Can the police stop me in my car for no reason?
  A: No, the police must have a reasonable articulable suspicion of criminal activity in order to stop a motorist.

  Q: What can be done if the police had no reason to stop my car?
  A: In every case we file motions to suppress the State's evidence based on violations of a citizen's rights guaranteed by the 4th Amendment of the United States Constitution. If your rights have been violated the State's evidence can be suppressed and in some instances the entire case against you dismissed.

  Q: Should I make a statement to the police without an attorney?
  A: Absolutely not.

  Q: What is the difference between a misdemeanor and a felony?
  A: Essentially, the severity of punishment. A misdemeanor is punishable by incarceration for up to 12 months and/or a $1000.00 fine. In some instances the fine may be up to five thousand dollars. Punishment for felonies includes fines of any amount and jail time from one year to life in jail.

  Q: Who will be prosecuting my case?
  A: For a felony, the District Attorney in the county where the crime allegedly occurred and his/her assistants represent the State of Georgia. For a misdemeanor, the Solicitor-General and his/her assistants represent the State of Georgia, in the county where the crime allegedly occurred. For a federal crime, The United States Attorney and his/her assistant represent the United States Government.

  Q: Can I afford a criminal defense attorney?
  A: With punishment now for misdemeanors crimes including fines, jail time, license suspension, probation fees, community service, and etc. the question really is can you afford not to hire a criminal defense attorney.