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Norcross DUI Lawyers

1. Karettis, Carolyn: In Norcross, you can be charged with drunk driving if your blood alcohol content (BAC) is 0.08 percent or higher. For drivers under the age of 21, the legal limit is 0.02 percent. While there are some people who say that your case cannot be beaten if your BAC is over the legal limit, this is not true. There are many reasons that your results could exceed this legal limit. Medications or physical and dental ailments may cause a false reading. There may also be a problem with the breath testing equipment. Your case may also be dropped if the arresting police officer did not have probable cause to pull you over. As you can see, there are many ways to successfully defeat a DUI charge. Just remember, it takes an attorney who is experienced with DUI defense to get you out of a conviction. The penalties for a conviction are severe. You will be ordered to spend time in jail and pay steep fines. You may also be stuck with probation, in addition to a lengthy driverÕs license suspension. Your insurance rates will also go up. There is a possibility that you may lose your job if a clean driving record is required for employment or if your employer objects to a criminal history.
2. Sessions, Ben: Should I refuse breath test if pulled over for a DUI? PDF Print E-mail Should I refuse a breath test if pulled over for a DUI? The question I am most frequently asked is this: should a person being investigated for DUI submit to the breath test? The answer to this question is, well, what you would expect from a lawyer: it all depends upon the facts of your particular case. Having made that disclaimer, I can give you some more specific guidance to this important question. First, to answer this question, I have to know which breath test you are asking about. The preliminary breath test, which is typically performed on the roadside, should be taken in nearly every case. A positive test result in a preliminary breath test is almost always only evidence that you have consumed alcohol and not evidence of any specific alcohol content level. In contrast to a preliminary breath test, the state-administered breath test is usually performed at the police department, jail, or in a mobile BatMobile (a mobile breath testing trailer). The ramifications of refusing the preliminary the breath test or the state-administered breath test are vastly different. Refusal of a preliminary breath test can serve as part of an officer's probable cause to arrest you for DUI, but no criminal charges will result merely from your refusal of a preliminary and no driver's license suspension will result from your refusal of a preliminary breath test. Generally, I recommend that clients submit to a preliminary breath test. However, refusal to submit to a state-administered test of your blood, breath, or urine may result in at least a 12-month suspension of your driverÕs license. The suspension which may occur as a result of a refusal of the state-administered test is a ÒhardÓ suspension with no limited driving privileges to and from work or school. Generally speaking, I recommend that people that fall within the following categories refuse the state-administered test of their blood, breath, or urine: á People involved in accidents resulting in a fatality or serious injury; á People charged with DUI and DUI Ð Child Endangerment; á People under the age of 21; á People facing a second (or greater) DUI within the last 5 years (as measured from the date of arrest to the date of arrest). Generally speaking, if you are facing your first DUI charge within the last 5 years or your lifetime, I recommend that you submit to the state-administered test of your blood, breath, or urine.
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4. McGahren, Gaskill & York: State and Municipalities must be held to their burden to prove that a person is guilty beyond a reasonable doubt and believes that it is imperative that the accused be presumed innocent until proven guilty.
5. McIlhinney & Sessions: There are actually six different types of DUI violations under Georgia law.Ê O.C.G.A. ¤ 40-6-391 states that: Ê ¥ (a)ÊA person shall not drive or be in actual physical control of any moving vehicle while: ¥ (1) ÊUnder the influence of alcohol to the extent that it is less safe for the person to drive (we commonly refer to this as GeorgiaÕs DUI Ð Alcohol [Less Safe] Law);Ê ¥ (2) ÊUnder the influence of any drug to the extent that it is less safe for the person to drive (we commonly refer to this as GeorgiaÕs DUI Ð Drugs [Less Safe] Law);Ê ¥ (3) ÊUnder the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive (we commonly refer to this as GeorgiaÕs DUI Ð Toxic Vapor [Less Safe] Law);Ê ¥ (4) ÊUnder the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive (we commonly refer to this as GeorgiaÕs DUI Ð Alcohol and Drugs [Less Safe] Law);Ê ¥ (5) ÊThe person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended (we commonly refer to this as GeorgiaÕs DUI Ð Alcohol [Per Se] Law); orÊ ¥ (6) ÊSubject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether any alcohol is present in the person's breath or blood (we commonly refer to this as GeorgiaÕs DUI Ð Drugs [Per Se] Law).Ê ÊÊÊÊÊÊSPECIAL CONSIDERATION: GEORGIA LAW STATES THAT A PERSON CHARGED WITH DUI IS NOT ABSOLVED OF GUILT BY VIRTUE OF THE FACT THAT THE PERSON IS LEGALLY ENTITLED TO USE A DRUG. IN OTHER WORDS, YOU MAY BE TAKING A DRUG UNDER A PRESCRIPTION ISSUED BY YOUR DOCTOR AND STILL BE CHARGED WITH DUI.
6. Robert Travis: When your criminal recrod is at jeopardy or your freedom is in danger of being taken from you, you need an aggressive attorney who will fight for you.