Atlanta DUI Lawyers
- Miller, John:
Criminal Law in Georgia encompasses everything from a speeding ticket to murder. Local ordinance violations, state and federal misdemeanors, as well as state and federal felonies all constitute violations of criminal law.
- Scott Smith:
What Will Happen To My Georgia DriverÕs License If I Am Convicted Of a DUI?
If it is your first arrest and/or conviction for DUI (or drunk driving) in Atlanta within 5 years, the following will apply:
Upon a plea of guilty to DUI in Atlanta, your drivers license shall be suspended for 12 months; however, there are provisions for a temporary work permit and reinstatement of your license.
You will be required to surrender your license to the court.
If your license was taken from you, and you have not received a new license, you may be required to submit a lost license affidavit to the court.
Your Òsuspension/revocation timeÓ does not begin until you surrender your license to DDS.
If you do not submit your license, your Òsuspension/revocation timeÓ begins the date DDS processes the conviction.
- Ross & Pines:
Atlanta Georgia DUI Law
According to Atlanta Georgia driving under the influence (DUI) law, it is illegal to operate an automobile while under the influence of drugs and/or alcohol to the extent that you are a less safe driver. It is also illegal to operate an automobile with a blood alcohol concentration (BAC)
of 0.08% or higher. If a person is below the legal drinking age of 21, it is illegal to operate an automobile with a BAC of 0.02% or higher. For a commercial driver, it is illegal to operate a motor vehicle with a BAC of 0.04% or higher.
Blood Alcohol Testing
Once law enforcement stops a person for suspected drunk driving, they will ask the person to submit to a blood alcohol test. In Georgia, blood alcohol tests are considered voluntary. Law enforcement must timely inform the DUI suspect of the Georgia Implied Consent warnings. These warnings inform the person of his/her right to take the blood alcohol test, his/her right to refuse to take the blood alcohol test, and his/her right to take an independent blood alcohol test of his/her choice. The purpose of these tests is to find out the personÕs blood alcohol concentration. The personÕs BAC may be derived through a breath test, urine test, or blood test. If you have been arrested for DUI and submitted to a blood alcohol test, the results of the test can only be used against you in court of the officer timely and properly advised you of your Georgia Implied Consent warnings.
Field Sobriety Tests
A police officeAtlanta law enforcement may request that a DUI suspect perform a series of field sobriety tests. There are three standardized tests: the horizontal gaze( nystagmus) test, the one leg stand test, and the walk and turn test. These tests are voluntary, which means a person can refuse to perform them.Ê Most police officers in the Atlanta Metro area are improperly trained in conducting field sobriety evaluations.Ê If the field sobriety evaluations are not properly administered, they results can be improperly used against you in your DUI case.If the field aorUse.Ê
DUI Arrest
If law enforcement has sufficient probable cause (reasonable doubt), they can arrest a person for driving under the influence. During the arrest, law enforcement must read the arrestee his/her Miranda Rights. The Miranda Rights inform the arrestee of his/her right to remain silent, right to an attorney, and right to have an attorney appointed to him/her.
DUI and the Georgia Department of DriverÕs ServicesÊ Motor Vehicles
When a person is arrested for DUI in GeorgiaAtlanta, his/her driverÕs license is temporarily suspended. This administrative suspension is separate from the criminal case.Ê The person only has 10 days from the day of his/her arrest to schedule an Administrative Hearing with the Georgia Department of DriverÕs Services. Georgia Department of Motor Vehicles. If the person does not schedule a hearing, his/her driverÕs license will automatically be suspended for up to a year. It is very important to schedule an Administrative Hearing to avoid your driverÕs license from being suspended. The only way a personÕs driving privileges can be reinstated is if he/she wins the DMV Hearing.
If you have been arrested for driving under the influence in the state of Georgia, do not attempt to represent yourself.
- Michael LaScala:
Being charged with a crime is an alarming event in a personÕs life. It can cause great fear and anxiety. The penalties are often harsh.
- Morriss, Lober & Dobson:
In an instant, families are faced with unexpected reality that a loved one must be defended against criminal charges. The system seems daunting and complex and fast action is necessary. Competent and aggressive criminal defense counsel should be retained immediately.
- Ramon Alvarado:
A criminal charge on your record will affect your future. Along with the unwanted stigma a criminal record carries, you may have to spend time in prison, pay substantial fines, or lose the love and respect of family and friends.
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