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Augusta DUI Lawyers

1. Hawk & Detchemendy: GA DUI - Drunk driving Minor Drunk driving No registration Underage drinking All alcohol related crimes ALS hearings Traffic cases Speeding Running red light Feticide Vehicular homicide Improper movement Hit and run No license Open container DUI - Driving Under the Influence Driving under influence refers to driving with your blood alcohol content above the legal limit or if you are under the influence of prescription or illegal drugs to such an extent that you are impaired. When a police officer stops you, he or she may initiate a DUI arrest if you smell alcohol or otherwise appear to be under the influence. The officer must have seen you driving. To determine if you are under the influence, the officer will use various methods including a chemical or breath test, field sobriety tests, testing your reflexes and balance as a measure of how well you are able to operate a car. Blood Alcohol Level Blood Alcohol Level refers to the amount of alcohol absorbed by the body. In Georgia driving with a blood alcohol level of .08 or above is considered under driving influence in Georgia. For minors, blood alcohol level of .02 or above is considered over the limit. The limit is .04 for commercial drivers. If your blood alcohol level is .15 or more, you will be subject to higher penalties. Blood alcohol content can be measured by a breathalyzer test, a urine sample or a blood sample. Several factors like if anyone was hurt or killed, if a child was in the car and if you have prior DUI convictions influence the penalties for driving under the influence. To get your license back, you may have to take a defensive driving course and/or you perform community service. There may be other restrictions imposed on you including getting an ignition lock, forfeiture of tags to any cars title in your name, alcohol rehabilitation program, etc. Breathalyzer A breathalyzer refers to the device police officers use to test a driverÕs blood alcohol content. In Georgia the police generally use the Intoxilyzer 5000. The results are generally considered accurate but can be affected by body temperature, electrical currents, breath sprays and other conditions including the condition of the device and the officerÕs training in using the device. The driver must blow into the device for a certain period of time for the device to generate a reading. People with pulmonary or other health conditions might have a problem trying to blow for the required time. If you refuse to take a breathalyzer test, your license can be suspended or revoked. If you refuse a breathalyzer, the police officer is required to read you an Implied Consent Form informing you that you will most likely lose your license. Administrative License Suspension Form The Administrative License Suspension Form (Form 1205) is a complex form which you will receive from the officer who charges you with DUI. Failing to respond to the form within ten days can result in your rights being waived. You must request the Department of Driving Service for hearing with ten days or you could loose your right to appeal. You can loose your license for a year or more if you fail to request a hearing. An experience Georgia DUI attorney can help you if you have been handed a Administrative License Suspension Form. Getting back your license after DUI First time offenders can loose their license for a year. A second offence within a five year period can result in suspension of five years. A third offense with five years can result in revocation of the license for five years. A third time offender whose license has been revoked will not get a limited permit to drive to work or school for the first two years. Administrative licensing hearing If you have been arrested for DUI, you must request the Department of Driving Services for an administrative licensing hearing within ten days of your arrest or you will loose your right to a hearing. The ten days start from the first business day after your arrest. The hearing is generally scheduled about 60 days after your arrests. Contact an experienced Georgia traffic attorney if you have been arrested for DUI. The attorney can request for a hearing and represent you at the hearing. The hearing is held before an officer. The officer will review the evidence you produce and determine whether or not to suspend or revoke your license. You will be given an opportunity to question the officer who arrested you. Based on the evidence you produce and your questioning, the officer will take a decision. Driving with an open container of alcohol Driving with an open container of alcohol in Georgia is illegal. Under Georgia law, a container is considered open if the seal has been broken, itÕs actually open or some portion of the original contents has been removed. If the beverage has half of one percent or more alcohol by volume, it is considered alcoholic beverage. If you are caught driving with an open container of alcohol, you will accumulate two points on your license. This Georgia law is the result of a federal law that allowed the federal government to withhold highway funds if the states didnÕt have open container laws that met certain criteria. Boating Under the Influence Boats do not have brakes. So boating under the influence is more dangerous. Boating under influence is a serious criminal offence and has the same penalties as DUI. If you are later charged with DUI, your prior BUI conviction will be treated as a prior DUI conviction. Minors and Alcohol Legal limit A driver under 21 with a blood alcohol level of .02 grams or more is considered driving under the influence. A conviction results in a six month suspension of license. The license is suspended for 12 months if the blood alcohol level is .08 grams or more. An underage driver must plead guilty or not guilty and cannot offer a no contest to a DUI charge in Georgia. If convicted, the minor has to retake the driving test all over again to get a new license. Loosing license for buying alcohol Under Georgia law, a minor convicted of purchasing alcohol will face fines and probation in addition to a six month license suspension. A second conviction will result in a 12 month license suspension. A minor charged with an attempt to buy alcohol can avoid the license suspension by pleading no contest for the first time. However the minorÕs license will be suspended for 12 months on second conviction. It is illegal in Georgia for a minor to misrepresent his or her age to buy alcohol. This offense carries a six month license suspension in addition to fines and probation. A minor who possesses alcohol can be subject to fines and probation. If he or she was driving a car at the time, the charge carries a license suspension of four months in addition to the fines and probation. Providing a minor with alcohol In Georgia it is a crime to provide a minor with alcohol and the charge carries a prison sentence up to 12 months and fine of $1000. If you are accused, suspected, or charged with drunk driving or any other alcohol related offense in Georgia, then you should contact an Augusta GA criminal lawyer immediately to protect your rights.
2. Gunder, Shawn: DriverÕs license restriction is one of the most common punishments for DUI conviction. Statutory chapters that set guidelines for the granting of driverÕs licenses generally also provide the circumstances under which they can be revoked. With such statutes in place, license revocations have primarily become a simple state administrative agency matter, occurring automatically upon conviction of a DUI offense. If the person is convicted for DUI then the penalties vary from state to state, and largely depend on the circumstances of the offense. Suspension/revocation of license, fine, and imprisonment, and minimum sentences for a first, second or third convictions are some of the means of penalizing DUI offenders. YouÕll most likely need to attend administrative hearings held to determine the status of your driving privileges after you have been arrested for a driving under the influence charge. Driving is something most people take for granted, but each state considers it a privilege and not an absolute right. Some states allow you to appeal a license suspension so that you can continue to drive up until your criminal trial takes place. If this is the case, your attorney can work with you to prepare for the appeal hearing. Your attorney can also speak on your behalf during this hearing so that you have a better chance of getting your driving privileges reinstated. Your lawyer will know what to say and how to handle your case because of the experience they have in the field of DUI law. DUI is a serious criminal offense. Generally the penalties include suspension of license for a period of time besides probation or prison term. You may also be required to pay fines and fees. Factors like if anyone was hurt or killed, if a child was in the car and if you have prior DUI convictions play an important role in determining the penalty for driving under the influence.
3. Shepard, Plunkett, Hamilton & Boudreaux: If you have been charged with a DUI, remember: * Law enforcement officers will begin collecting evidence against you from the moment you are pulled over. It is imperative that you protect your rights with a legal advocate you can trust. Our attorneys will immediately begin protecting your rights and building your case against the prosecution. * A police officer must have probable cause to pull you over. An officer cannot stop you or perform a breathalyzer unless they have probable cause such as swerving, speeding, or another driving offense. * You can defeat a DUI charge. With effective legal advocacy you may be able to defeat a DUI. If you have been charged with a DUI, do not try to navigate the criminal justice system without the support of a skilled and effective DUI attorney.
4. Duncan, Jim: Should You Represent Yourself? The short answer is probably no. DUI law is complicated and can result in license suspensions sometimes. Also, under many circumstances there is an administrative hearing prior to adjudication of the DUI, and at this hearing driving privileges can be lost, also. The advice of an attorney who handles DUI cases can be important to protect your driving privileges and sometimes even avoid a DUI conviction. DUI Terminology As with any industry, there are certain terms and abbreviations associated within them. Recently we can across a nice posting on the terms used in DUI law. We have republished some of them here for your reference: DWI - Driving While Impaired DUI - Driving Under the OUI - Operating Under the Influence ÒPer SeÓ Offense - A drunk driving offense which can result in conviction based upon proof of blood alcohol content (BAC), without any proof of impairment of ability to drive. PBT - Preliminary Breath Test - A PBT device is portable in nature, and is often carried by police in the field. PBT devices provide an estimate of blood alcohol concentration. However, due to the nature of the devices and the circumstances under which they are used, PBT results are not ordinarily admissible in court except under unusual circumstances. The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. The tests administered under this protocol are the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand. Administrative Penalty - A sanction which may be imposed through an administrative agency, such as a state department of motor vehicles (DMV), even without criminal prosecution. BAC - Blood Alcohol Content, usually expressed in a number reflecting the ratio of milligrams of alcohol in 100 milliliters of blood. BAL - Blood Alcohol Level. The same as Blood Alcohol Content.
5. Garrett, Gilliard & Saul: * Federal: Drug Offenses, Firearm Offenses, Antitrust, Arson, Bank Fraud, Bank Robbery, Bankruptcy Offenses, Bribery, Carjacking, Civil Rights Offenses, Conspiracy, Counterfeiting, Credit Card Offenses, Currency Transaction Reporting and Structuring, , Explosives, Extortion, Forgery, Gambling Offenses, Crimes Committed on Federal Land, Health Care Fraud, Interstate Crimes, Immigration Offenses, Impersonating a Federal Officer, Kidnapping, Mail Fraud, Wire Fraud, Money Laundering, Murder and Manslaughter, Assault, Murder for Hire, Obscenity, Interstate Sex Offenses, Child Pornography, Computer Crimes, Obstruction of Justice, Perjury, Racketeering Activity, Securities Fraud, Tax Offenses, Theft Offenses, and more * Drug Offenses: Conspiracy, Possession, Distribution, Trafficking, Importation, Manufacturing, of Marijuana, Cocaine, Crack Cocaine, Meth, Crystal Meth, Heroin, MDMA (Ecstasy), GHB, Ketamine, Prescription Drugs not in Original Container, and more * Fraud: Fraud, Deceptive Business Practices, Accounting Fraud, Securities Fraud, Credit Card Fraud, Mail Fraud, Wire Fraud, Forgery, Identity Theft, Identity Fraud, Mortgage Fraud, Computer Crimes, and other financial crimes * Sex Offenses: Rape, Sodomy, Statutory Rape, Child Molestation, Enticing a Child, Sexual Assault, Sexual Battery, Public Indecency, Prostitution, Pimping, Computer Pornography, Child Pornography, Distribution of Obscenity, Sexual Exploitation of Children and more * Violent Offenses: Homicide (Murder & Manslaughter), Assault, Battery, Kidnapping, False Imprisonment, Reckless Conduct, Cruelty to Children, Feticide, Stalking, Domestic or Family Violence, and more. * Serious Traffic Offenses: DUI, Vehicular Manslaughter, Vehicular Homicide, and more * White-Collar Offenses: Embezzlement, Conspiracy, RICO Violations, Fraud, Tax Crimes, Public Corruption, Bribery, and more * Firearm Offenses: Possession of a Firearm by a Felon, Possession of Firearm During Commission of a Crime, Pointing an Pistol, Discharging a Gun, Possession of Dangerous Weapons, Carrying a Concealed Weapon, Carrying a Pistol Without a License, and more * Property Crimes: Burglary, Criminal Trespass, Criminal Damage to Property, Vandalism, Arson, and more * Theft: Theft by Taking, Theft by Deception, Theft by Conversion, Theft of Services, Theft by Receiving, Theft by Bringing Stolen Property into the State, Theft of Trade Secrets, Theft by Shoplifting, Theft by Extortion, Armed Robbery, Robbery by Force, Robbery by Intimidation, Robbery by Sudden Snatching, and more * Explosives: Manufacturing, Transporting, Distribution, Possession, and more * Offenses Against the Government: Abuse of Governmental Office, Bribery, Obstruction of Public Administration, Obstruction of Justice, Giving False Name, False Report of Crime, Escape from Confinement, Bail Jumping, Perjury, Subornation of Perjury, Offenses related to Judicial Proceedings, Compounding a Crime, Embracery, Influencing Witnesses, Tampering with Evidence, and more * Offenses Against the Public: Treason, Sedition, Subversive Activities, Riot, Affray, Loitering, Terroristic Threats, Disorderly Conduct, Harassing Phone Calls, Public Drunkenness, Peeping Toms, Eavesdropping, Preparing False Tax Returns, Contributing to the Delinquency of a Minor, Cruelty to Animals, Gambling, Dog fighting, Pyramid Schemes, Obscenity, Sale of Harmful Materials to Minors, and more * Appeals & Habeas Corpus: Evidentiary Rulings, Jury Instructions, Findings of Fact, Sentencing, Sufficiency of Evidence, Guilty Pleas, Suppression Motions, Plain Error, Prosecutorial Misconduct, Brady Violations, Batson Challenges, Cumulative Error, Sufficiency of Indictment, Witness Statements, Jury Questions, Jury Selection, Right to Effective Assistance of Counsel, Appeal Bonds, and more * Other Felonies and Misdemeanors
6. Van Johnson Law: DUI Law in Georgia Driving Under the Influence (DUI) is one of the most commonly charged offenses in our courts today. Political lobbies, such as Mothers Against Drunk Driving (MADD), have pressured state legislatures to enact statutes over the past several years that have increased the penalties and have made it easier to be convicted of a DUI. However, these statutes have also created a legal and administrative quagmire that is very difficult to wade through. Because of these statutes, defending a DUI requires both an in depth understanding of the law and a firm grounding in the science unique to a DUI charge. Georgia Law and Penalties Georgia law prohibits operation of a vehicle under the influence of alcohol or any drug, glue, aerosol, or other toxic vapor Òto the extent that it is less safe for the person to drive.Ó The term ÒdrugÓ includes both illegal drugs such as marijuana and legal drugs like over-the-counter antihistamines and prescription painkillers. Georgia law also prohibits operation of a vehicle if one's Blood Alcohol Concentration (BAC) is .08 grams per 100 milliliters or above while operating the vehicle, or within three hours after driving if the alcohol was consumed before driving. Although a chemical test of .08 percent or higher is an automatic offense (Òper seÓ DUI), you can still be convicted with a lower BAC if the prosecutor can establish that you were driving while impaired (i.e. Òto the extent that it is less safe...to driveÓ). To establish that a person is driving while impaired, a police officer will usually conduct a Field Sobriety Test (FST). Field Sobriety Tests Field sobriety tests (FSTs) are ostensibly designed to test balance, coordination and the ability to do two things at once. There are many different types of FSTs, and law enforcement personnel have been known to use any of them. The most common are: * The officer will ask you to stand on one leg * The officer will ask you to walk a straight line, then turn around * The officer will ask you to follow a pen, finger, or penlight from side-to-side with your eyes (Nystagmus) * The officer will ask you to stand with your head tilted back and eyes closed and then indicate when 30 seconds have passed. This is called the Rhomberg Balance Test * The officer will ask you to stand with you left hand outstretched, palm up, and then pat the top and bottom of that hand with the other hand while counting ÒOne, Two, One, TwoÉ.Ó * The officer will ask you to touch your finger to your nose or your fingers to your thumb * The officer will ask you to recite the alphabet forwards or backwards Although the officer will ask you to perform these tests, you are not required to do so. These tests are widely considered to be designed to fail. The main purpose of these tests is to give the officer more reason to justify an arrest. Standardized Field Sobriety Testing The National Highway Traffic Safety Administration (NHTSA) developed the Standardized Field Sobriety Test (SFST). It is a battery of tests designed to be administered by the police officer to obtain validated indicators of impairment and establish probable cause for arrest. The three tests of the SFST are: * The one-leg stand * The walk-and-turn * The Horizontal Gaze Nystagmus (HGN) The Walk-and-Turn and One-Leg Stand Tests The walk-and-turn test and one-leg stand test are also known as Òdivided attentionÓ tests. These tests require a person to perform precise physical movements while trying to listen to the police officer and follow his instructions. For a walk-and-turn test, the officer instructs the person to take nine steps, heel-to-toe, along a straight line then turn on one foot and return in the opposite direction. The officer will look for certain ÒindicatorsÓ that will help give the officer to arrest the suspect. These indicators include the following: * Losing balance while listening to instructions * Beginning before the instructions are finished * Stopping while walking to regain balance * Not touching heel-to-toe * Using arms to balance * Losing balance while turning * Taking an incorrect number of steps For the one-leg stand test, the officer will instruct the person to stand with one foot approximately six inches off the ground and count aloud by thousands. The officer will wait 30 seconds before telling the suspect to put his foot down. This test also has certain Òindicators.Ó These indicators include: * Swaying while balancing * Using arms to balance * Hopping to maintain balance * Putting the foot down before instructed to do so Many sober people cannot complete the tests without exhibiting many of these indicators. HGN Test The last test of the SFST is called the Horizontal Gaze Nystagmus Test. The officer will instruct the person to follow a pen, finger or penlight and watch to what extent the eyes flicker back and forth. In theory, the more the eyes flicker, the more inebriated the person. One flaw with this test is that the eye flicker can indicate the presence of other substances besides alcohol such as seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants. Implied Consent to Chemical Tests Georgia considers any person who drives a motor vehicle while under the influence of alcohol to be a Òdirect and immediate threat to the welfare and safety of the general public.Ó Thus Georgia Code 40-5-55 provides that any person who is involved in a traffic accident or any person who is arrested for a DUI is deemed to have given consent to chemical testing of that person's Òblood, breath, urine, or other bodily substancesÓ to determine the presence of Òalcohol or any other drug.Ó Refusing to submit to such chemical testing will mean an automatic suspension of driving privileges for at least one year. Penalties for DUI in Georgia For a first conviction, the following penalties apply: * a mandatory fine between $300 and $1000 (not subject to stay) * imprisonment from ten days to twelve months (subject to suspension, stay or probate, but the offender must serve a minimum 24 hours) * at least 20 hours of community service (at least 40 hours if BAC is .08 or above) * completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services * probation for the rest of the period of 12 months that the offender is not actually incarcerated * driver's license suspended for one year For a second conviction within five years, the following penalties apply: * a mandatory fine between $600 and $1000 (not subject to stay) * imprisonment from 90 days to twelve months (the court shall probate a portion of the sentence, but the offender must serve a minimum 72 hours) * at least 30 hours of community service * completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Service * completion of a substance abuse treatment program if indicated by clinical evaluation * probation for the rest of the period of 12 months that the offender is not actually incarcerated * driver's license suspended for three years For a third conviction within five years, the following penalties apply: * a mandatory fine between $1000 and $5000 (not subject to stay) * imprisonment from 120 days to twelve months (the court shall probate a portion of the sentence, but the offender must serve a minimum 15 days) * at least 30 hours of community service * completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Service * completion of a substance abuse treatment program if indicated by clinical evaluation * probation for the rest of the period of 12 months that the offender is not actually incarcerated * driver's license suspended for five years Protect your Rights-Contact an Attorney If you are arrested for a DUI in Georgia, you must contact an attorney immediately. An experienced DUI attorney may be able to help you keep your driverÕs license and have the charges reduced or thrown out. An experienced DUI attorney can help you assess your situation and make an informed decision about how to proceed.
7. GONZALEZ & WADDINGTON: Drunk Driving - Driving Under the Influence DUI in the US Drunk driving is the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. It is illegal in all jurisdictions within the U.S. The specific criminal offense is usually called driving under the influence [of alcohol and/or other drugs] (DUI), and in some states driving while intoxicated (DWI), operating while impaired (OWI), or operating a vehicle under the influence (OVI). Such laws may also apply to boating or piloting aircraft. In the United States the National Highway Traffic Safety Administration (NHTSA) estimates that 17,941 people died in 2006 in "alcohol-related" collisions, representing 41 percent of total traffic deaths in the US. Over 500,000 people were injured in alcohol-related accidents in the US in 2003. NHTSA defines fatal collisions as "alcohol-related" if they believe the driver, a passenger, or a nonoccupant of the vehicle (such as a pedestrian or pedalcyclist) had a blood alcohol content (BAC) of 0.01 or greater. NHTSA defines nonfatal collisions as "alcohol-related" if the accident report indicates evidence of alcohol present. NHTSA specifically notes that "alcohol-related" does not necessarily mean a driver or nonoccupant was tested for alcohol and that the term does not indicate a collision or fatality was caused by the presence of alcohol. On average, about 60 percent of the BAC values are missing or unknown. To analyze what they believe is the complete data, statisticians simulate BAC information.
8. Hammond, Shawn: If you have been arrested for DUI, call a lawyer as soon as possible. The prosecution builds their case from day one. Calling a lawyer early gives you time to prepare a strong defense against the charges. What if I refuse a Breathalyzer? In Georgia, Breathalyzer refusal can be a bad idea. If you refuse the Breathalyzer, you are presumed to be guilty of DUI. You then have to fight that presumption in court. It often takes a strong attorney to make a winning case. If you have refused a Breathalyzer, call us Ñ we provide strong defenses to DUI charges. How will a DUI conviction affect my military career? Preparing a strong DUI/DWI defense is especially important if you are in the military. Soldiers can experience career-ending consequences because of a DUI. A first offense usually means that you get a general letter of reprimand. A second offense means that you could be forced out. At the Law Office of Shawn P. Hammond, we know military law and can fight these serious consequences.
9. Goolsby Law Firm: After being charged with a crime, you must get an attorney as quickly as possible.
10. Claridge Law Firm: Complex legal matters involve important decisions that affect the rest of your life. Whether you are charged with a first-time DUI offense or as a repeat offender, you need aggressive defense to protect your rights and navigate the criminal justice system. You may face a violation of your rights, unnecessary sentences, and serious fines. We will fully investigate the facts of your case and assert your rights in court.
11. Joshua Earwood: A conviction for driving under the influence of alcohol or drugs will result in a driver's license suspension, jail time, a fine and other serious criminal penalties. A DUI conviction may make it difficult or impossible to secure employment in many different fields. While most lawyers offer representation to persons charged with DUI, many do nothing more than collect a fee and stand beside their client as he or she enters a guilty plea. A competent and capable DUI attorney will review the case with an eye towards dismissal if possible, and negotiate a plea as a last resort.
12. Christopher Paul: When compared to later stages, the risk of proceeding without counsel during early stages of the criminal process is not as pronounced. For this reason, during these preliminary stages (e.g., when the accused is asked to enter a plea), the law generally does not require courts to provide the same degree of protection afforded at later stages. In other words, during preliminary stages of the criminal process, courts generally need not strongly advise defendants to retain counsel.