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Atlanta DUI Lawyers

1. Gomez, Frank: In Georgia, law enforcement agents are trained on the three NHTSA field sobriety tests. Known as standardized field sobriety tests, these include the walk-and-turn test, the one-leg stand test, and the Horizontal Gaze Nystagmus. Of the three tests, the Horizontal Gaze Nystagmus, or HGN, is known as the most reliable, with 77% to 88% accuracy when administered correctly. It is the only standardized field sobriety test that is known to be scientific Ð yet up to nearly a quarter of the time it may be unreliable. Nystagmus is the involuntary jerking of the eyes. This jerking becomes more pronounced in individuals who are impaired by alcohol. In order to look for nystagmus, the officer will ask the driver to follow a pen or flashlight with his or her eyes while keeping the head still. During the test, the police officer must look for lack of smooth pursuit, the onset of nystagmus before reaching 45 degrees, and sustained nystagmus while at the maximum deviation. The officer will look for these three clues in each eye, for a total of six clues altogether. If the officer says that he or she witnessed four clues, the driver fails and meets arrest criteria. Due to its reputation as being the most reliable of the field sobriety tests, the HGN test can be the most damaging in court. It is important that your defense attorney be able to challenge this test. There are approximately 100 causes of nystagmus that are unrelated to alcohol consumption. Nystagmus may be related to vision problems, such as extreme near or farsightedness or scars on the retina or optic nerve. Brain tumors and other serious neuralgic disorders may cause nystagmus. Police officers are not trained ophthalmologists. Even if nystagmus exists in a driver who has been stopped, itÕs impossible for a police officer to state with absolute certainty the cause. WouldnÕt you like an experienced attorney who knows how to capitalize on this issue? Qualified Atlanta DUI defense attorney Frank Gomez can help you during this stressful time in your life. He has successfully challenged Horizontal Gaze Nystagmus tests and realizes the weaknesses and problems that lie with this standardized field sobriety test.
2. Atlanta DUI Lawyer Center: Having a DUI offense is a serious matter in every state of the United States of America. However, each state differs in DUI convictions as they have their own laws referring to any one person driving under the influence. Some states are more lenient than others. And some states, such as Georgia, are stricter. This is why hiring a good Atlanta DUI lawyer is imperative. There are two ways the state of Georgia can convict any one person of driving under the influence: By proving (per se) the driver had .08 or more in blood alcohol concentration in his or her system. Or any amount of contraband drugs. This number must be present within three hours while either during or after driving or otherwise operating a vehicle. This is known as "per se" in the circles of DUI lawyers in Atlanta. By showing (less safe) the driver is "less safe" typically by his or manifesting specific characteristics. Some examples are bloodshot eyes, unsteadiness of the feet, slurring of words and any obvious unsafe driving such as swerving or crashing. Below is what happens when one is convicted of a DUI in Atlanta. Every DUI attorney in Atlanta should know this information and relay this to any of his or her client. These are common penalties and not the only ones that one could be faced with after his or her offense/offenses. For a first conviction in the state of Georgia: Up to $1,000.00 fine plus any statutory surcharge 10 days to 1 year in jail (all except 24 hours may be probated) 1-year probation Up to 1-year license suspension DUI school 40 hours of community service if over the age of 21 years; 20 hours if younger For a second conviction in the state of Georgia: Up to $1,000.00 fine plus any statutory surcharge 90 days to 1 year in jail (all except 3 days may be probated) Up to 1-year probation 3-year license revocation Ignition interlock device for vehicle DUI school Minimum 30 days of community service Mandatory alcohol evaluation and/or treatment For a third conviction in the state of Georgia: Up to $5,000.00 fine plus any statutory surcharge 120 days to a year in jail (all except 15 days may be probated) Up to 1-year probation 5-year license revocation Ignition interlock device for vehicle Minimum 30 days community service Alcohol evaluation and/or treatment For a fourth conviction in the state of Georgia: Up to $5,000.00 fine plus any statutory surcharge 1 to 5 years in jail 5 years probation Permanent license revocation Minimum 60 days community service Alcohol evaluation and/or treatment Therefore, hiring the very best DUI lawyer is imperative. Attorneys at Atlanta DUI Lawyer Center are here for you and will fight for your rights. We will do all we can do to decrease sentencing or to throw your case out in the court of law (due to inconclusive evidence or faulty arrest protocol).
3. Thompson, Reid: First-offense DUI based on a blood alcohol concentration in excess of .08 percent Repeat drunk driving charges, whether based on a prior Georgia DUI or DWI convictions from other states Vehicular homicide or assault charges resulting from alcohol-related accidents Implied consent charges based on refusal to provide a breath or blood sample DUI arrests based on field sobriety testing
4. Hansford, Mark: Common Questions: The Nolo Plea A 'nolo' plea is commonly referred to as a please of 'no contest', and is in fact where most people have at one time or another heard the term. In short, the 'nolo contendere' means that a defendant will simply not contest the charges brought against them. When a defendant does not want to actually admit guilt, but does wish to accept the specific sentence offered by the plea....commonly used in plea bargain cases. Courts do not have to accept a nolo plea and often, they simply will not. If they do, a judge must feel that there is some accurate truth for the plea. Since the nolo plea doesn't actually admit guilt, it can't be brought up in future trials. Technically speaking, the judge is ruling that the defendant is guilty of the charge even though the defendant has not admitted to committing the particular crime. In addition, the nolo plea actually has the same immediate 'effect' as a plea of guilty, though the future effects of the nolo plea are much more favorable to the defendant.
5. Richardson, James: Even just one misdemeanor conviction can have a serious impact on your life. It can affect your ability to obtain or keep certain jobs, the fines and punishments can be expensive and time-consuming, and you may even face going to jail. We can defend you against a variety of misdemeanor and felony charges, including drug-related crimes such as possession, alcohol-related crimes such as driving under the influence (DUI) or possession of alcohol as a minor, and traffic offenses.
6. Rutkowski, John: Georgia DUI Laws If you are caught driving a motor vehicle while under the influence of drugs or alcohol, you will be arrested and booked on DUI charges. * Under Georgia law, you are considered too drunk to operate a vehicle when your blood alcohol content level (BAC) meets or exceeds .08%. * If you are under the age of 21, you are not permitted to operate a vehicle if your BAC meets or exceeds .02%. * If you are a commercial truck driver, you are not permitted to operate a commercial vehicle if your BAC meets or exceeds .04%. * You will be arrested and booked on DUI charges if you drive under the influence of any illegal drug, prescription drug, glue, aerosol, or other toxic vapor to the extent that it is no longer safe for you to drive. Even if the drug you took is legal, you can still be arrested if it has impaired your ability to safely operate a vehicle. 10 Day Rule If you have been arrested for a DUI, you have 10 business days from the date of your DUI arrest to properly request an Administrative License Suspension Hearing from the Georgia Department of Driver Services. This is a separate court date from the court date you may have received on your citations. Georgia DUI Penalties First DUI within 10 years * $300.00 to $1,000.00 fine plus statutory surcharges and probation fees * 10 Days to 1 Year in Jail all but 24 hours may be served on probation * DUI School known in Georgia as the Risk Reduction School * 40 Hours of Community Service if over 21 * 20 Hours of Commuinty Service if under 21 * Clinical evaluation for substance abuse and treatment if needed * 1 Year Probation * 1 Year License Suspension if breat test was not refused and over 21 and upon completion of DUI school may apply for a limited drivers licenses that is valid for 120 days. After 120 days may have full license reinstated * Under 21 and BAC of .08% or more 1 year hard suspension, no limited drivers license. * Under 21 and BAC under .08% 6 month suspension with no limited drivers license Second DUI within 10 years * $600.00 to $1,000.00 fine plus statutory surcharges and probation fees * 90 Days to 1 Year in Jail all but 72 hours may be served on probation * DUI School known in Georgia as the Risk Reduction School * 30 Days of Community Service (240 hours to 250 hours) * Mandatory Alcohol Evaluation and/or Treatment * License plate confiscation all licenses plates registered to the offender are confiscated by the court and reissued after a limited drivers license or full reinstatement is issued (there is a possible hardship exception) * Photo and disposition published in the county legal newspaper * Up to 1 Year Probation * Suspension of drivers licenses all drivers 3 Years, with no limited license for 12 months for Georiga residence * Under 21 possible reinstatement after 18 months and completion of the DUI School and clinical evaluation * 21 and over drivers may apply for 6 month ignition interlock after 12 months, if authorized by court order * Clinical Evaluation mandatory minimum 17 week treatment program in order for Georgia Licensee to be eligable of a limited drivers license * Ignition Interlock Device required for eligbility for a limited drivers license after 12 months for drivers 21 and over, if court ordered Third DUI within 10 years (declared a habitual violator) * $1,000.00 to $5,000.00 plus statutory surcharges and probation fees * 120 days to 12 to months in Jail all but 15 days may be served on probation * 30 Days Community Service (240 hours to 250 hours) * Alcohol Evaluation and/or Treatment * Up to 1 Year Probation minus any jail time served * Photo and disposition published in the county legal newspaper * License plate confiscation all licenses plates registered to the offender are confiscated by the court and reissued after a limited drivers license or full reinstatement is issued (there is a possible hardship exception) * All drivers 5 Year License Revocation with no limited license for 24 months for Georgia residence * Under 21 no limited or full drivers licnese for full 30 months for Georgia residence * 21 and over drivers possible probationary license for Georgia licensees after 24 months if DUI School and clinical evalution and required treatment completed, liability insurance proven, and interlock installed for 6 months * Ignition Interlock Device Fourth DUI within 10 years FELONY if all four arrest occured after July 1, 2008 * 1 to 5 years in jail of which all but 90 days may be served on probation * 12 to 60 months probation minus any jail time served * $1,000.00 to $5,000.00 fine plus surcharges and probation fees * Possible seizure and forfeiture of motor vehicle if already declared a habitual violator for 3 prior DUI convictions and convicted for new DUI * All other requirments stated above
7. Jackie Patterson: Everyone deserves to be defended by a lawyer with solid legal skills to defend his or her case. When you go to court, there is a prosecutor there just waiting to go up against you, because he or she knows that more than likely you don't have a clue on how the legal system works or what you need to know to keep from being convicted.
8. Gregory Willis: A DUI (Driving Under the Influence) arrest can have a very serious impact on your life if handled improperly. The police officer has the benefit of being led through the court process by the prosecuting attorneys office. They have the time, manpower, and other resources to work towards a conviction on your charge. Dont make the mistake of thinking that a quick guilty plea is the best way to avoid trouble. Making such a plea will guarantee only one thing - that you are convicted of the crime.
9. Roberts Law Firm: The legal system in the United States promotes "justice for all."
10. Jim Lewis: Arraignment is the first stage of courtroom proceedings to take place after the arrest and booking of a criminal defendant, during which time a criminal defendant is formally charged before a criminal court judge and asked to enter a plea to the criminal charges. During a typical arraignment, the judge will also decide whether to set or alter bail, and announces dates of future proceedings in the case (e.g., preliminary hearing and trial).
11. Lopes McKammy-Lopes: Being arrested is a frightening experience. Police and prosecutors try to make you feel helpless and alone. If you are arrested or being investigated on criminal charges, you need an experienced attorney who knows the system to fight for you and get the best results possible.
12. Morris Fair: Restitution will only cover out-of-pocket expenses incurred as a result of the crime. Also, many jurisdictions have limited the amount of restitution you may recover from a criminal proceeding, and judges will sometimes only award what your insurance will not cover.
13. Federal Law Group: In Georgia, your first DUI charge is considered a misdemeanor. A felony habitual violator charge can occur if you are arrested for three DUIs within five years of your first arrest. At The Federal Law Group, we have represented clients in misdemeanor and felony DUI proceedings. The stakes of a DUI conviction are high, as it could both affect your job (if you work in various industries) and significantly increase your insurance rates. There are two kinds of DUIs in the State of Georgia. If you submit to the breathalyzer test and blow over the legal limit of .08, you will be charged with DUI per se. Refusing the breathalyzer makes it harder for the prosecution to prove you were legally intoxicated. That results in a DUI less safe, meaning that the officer observed certain behaviors which indicated to him or her that you were intoxicated to the point where it was less safe for you to drive. You typically have 10 days after the date of arrest to submit a letter to the DMV requesting that an ALS hearing be set to keep your license pending your DUI case. If the letter is not sent within 10 days, your license will be automatically suspended. In cases of DUI per se, where you did submit to the breathalyzer test, an attorney usually cannot challenge those test results that you were over the legal limit. However, the initial traffic stop and the legality of it can be contested. DUI less safe requires the prosecution to present evidence on the officer's initial observation of a suspected drunk driver, including odor of the driver's breath and glassiness of the eyes. Field sobriety tests can be conducted and videotapes entered into evidence. However, without the tangible breathalyzer results, there are many challenges that can be presented that could have your charges dismissed or reduced to a lesser offense such as reckless driving.
14. Feldman & Associates: * Personal Injury * Criminal Defense * DUI/DWI * Worker's Compensation * Business Law * Aviation Law
15. Lotito & Kirschenbaum: The state of Georgia takes a hard stance against crime, so if you are facing criminal charges, you need experienced and dedicated legal representation.
16. Mitchell, Albert: * Georgia and federal criminal defense * Defense of traffic violations and speeding tickets * Real estate litigation, especially helping victims of mortgage fraud * Family law and divorce * Personal injury claims * Probate and trust administration
17. Pate & Brody: * Drug Crimes * Theft and Fraud * Sex Crimes * Burglary and Robbery * Violent Crimes * Public Corruption
18. Holiday, Donell: * DUI * Criminal Law * Family Law * Bankruptcy
19. Ross & Pines: drunk driving, drug charges, sex offenses and other state and federal criminal offenses throughout the State of Georgia
20. Bauerlein, Fred: In June, 1977, Southern California Research Institute began research for the National Highway Traffic Safety Association (NHTSA) to evaluate the physical coordination tests being used at the time to determine their relationship to intoxication. There was a clear need to develop and standardize tests that would provide more reliable evidence of impairment. More than 200 volunteers were subjected to each of the following drunk driving - atlanta georgia dui laywers tests: one-leg stand, finger count, finger-to-nose; walk-and-turn, tracing (an exercise using paper and pencil), and the alcohol gaze nystagmus (a type of eye movement characterized by alternating smooth pursuit in one direction and saccadic movement in the other direction; more info). This study was the first significant assessment of the workability and practicality of such tests under actual law enforcement conditions (in the field). It was the first study to define standard objective clues and scoring criteria, thereby validating standardized field sobriety testing. After many years of research and in an effort to standardize FSTÕs, the NHTSA has adopted three field sobriety evaluations for use by law enforcement across the country: 1. One Leg Stand 2. Walk & Turn 3. Horizontal Gaze Nystagmus To ensure their reliability and validity, NHTSA has promulgated exacting standards by which the evaluations must be administered. These standards are published in a manual given to every officer who is NHTSA-trained. This manual provides the precise procedures by which law enforcement personnel are to administer the tests to DUI suspects. Consequences of Drunk Driving One out of three, Those are the odds you and every other American have of being involved in an alcohol related car crash sometime in your life. In the every state and district in the United States, driving with blood alcohol content over .08 is considered driving drunk as of 2008. This law is applicable to all two hundred and ten million drivers currently in the United States according to the U.S. Department of Transportation. However, some drivers make the mistake of driving drunk, whether knowingly or unknowingly. drunk tankDrunk driving accidents injure someone every two minutes; worse, every 30 minutes, they kill someone. Each one of those injuries and deaths is preventable; but, the consequences of drunk driving continue to worry us. The consequence of driving drunk can, as is the case many times, proves to be the ultimate price: one's own life. For those fortunate enough to survive a drunk driving accident, they still must face the consequence of driving drunk in the criminal and potentially civil court of law. Over 97% of Americans view drunk driving as a threat to their lives and families. Unfortunately, most of us are aware of what can happen to the victims of drunk drivers. The potential consequence of driving drunk is much more than a simple arrest. In fact, more than one life has been ruined in the aftermath of a drunk driving arrest. Criminal and civil penalties can arise from any form of drunk driving arrest, but most notably, any accident involving alcohol can have serious civil penalties in the future. More than one consequence of driving drunk includes: * Incarceration * Physical injury * Death of self, other drivers, and passengers * Criminal charges * Civil penalties * Hefty court fees and fines * Ruined employment * Lengthy and strict probation periods The publicity and criminal proceedings following a drunk driving arrest or accident can ruin one's reputation, image, and career. In many cases, a drunk driving lawyer can potentially prevent, overturn, or lessen the charges of a drunk driving conviction. Going into the courtroom without the guidance of a drunk driving lawyer at your or your loved one's side could be as potentially catastrophic as driving drunk in the first place. What Happens? Law enforcement officers will first determine the driver's blood alcohol concentration (BAC) through a breath, blood or urine test. A breathscan kit is usually the quickest way for police to take an accurate measure of the driver's BAC. If a drinking driver's BAC is over the legal limit of 0.08, his driver's license may be suspended or revoked for anywhere from a week to years. Vehicle sanctions may require the offender's car include a specially marked license plate or even an interlock device that prevents the car from starting unless the driver passes a breathscan test. The car may even be impounded, confiscated, or sold. A convicted drunk driver also faces fines (sometimes in the thousands of dollars), jail time, increased insurance costs, attorney fees, court costs, lost time from work, and other penalties that vary from state to state. Zero tolerance laws are even tougher on underage drunk drivers. Young adults, under 21 years of age, can lose their license for a full year if they are found to have consumed even a small amount of alcohol. If a person under age 21 is tested and found to be over the legal limit of 0.08, he can be arrested, convicted of drunk driving and tried as an adult. Though drunk drivers face punishments as serious as jail time, the consequences of their actions do not generally deter them from getting behind the wheel. One out of three of us will eventually get in their way. Some ways to help: * Don't drink and drive and don't let friends do it either. * Become a designated driver. * Become an advocate of breath alcohol testing. Ask bar owners, restaurants, clubs, schools and even employers to make a small investment in a coin operated breath analyzer. These simple to use and inexpensive devices may be the last chance for some people to decide whether or not to drive after drinking.
21. Slater & DeFoor: A DUI conviction in Georgia is a serious matter, and its accompanying penalties and consequences can alter your life dramatically. In addition to license suspensions or revocations and harsh penalties, such as jail/prison time or probation, a Georgia DUI conviction can never be erased from your criminal record, and you could lose your right to vote, own a firearm, or get rejected by potential employers that do background checks. Do NOT try to get yourself out of this legal mess without speaking with an experienced Georgia DUI lawyer first. Driving Under the Influence in Georgia There are two ways that you can be found guilty for DUI/DWI in the state of Georgia. The prosecution must either prove that you are a Òless safeÓ driver due to the consumption of alcohol or drugs (including prescription drugs) or toxic vapors (glue, lacquer, etc.), or you have test results showing that the amount of alcohol in your body at the time you were apprehended was above the legal limit. In Georgia, an adult that is 21 years of age or older with a BAC of .08% or greater has committed a Òper seÓ violation of driving with an unlawful blood alcohol level. Drivers under age 21 are in violation of the stateÕs drunk driving laws if their BAC is .02% or higher. Commercial drivers commit a Òper seÓ violation when their BAC is .04% or more. When you get a Georgia driverÕs license, you are agreeing to GeorgiaÕs implied consent law. This means that you are consenting to submit to chemical testing if a law enforcement officer has probable cause to believe that you were driving under the influence and asks you to take a test. Refusal to take a blood or urine test can be grounds for license suspension and other penalties. Keep in mind, however, that the prosecution has to prove that your test results are accurateÑand this may not always be the case.
22. Hawkins, Michael: A drunk driving charge, as well as any charge related to alcohol or drugs, usually involves an immediate arrest. In cases involving a DUI, the driver's license is at risk of being lost. The process of an arrest and the police involved make you feel as though they have already charged, tried and convicted you of a DUI or other offense. They have not. An arrest is merely an accusation; it is not a conviction.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.