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Norcross DUI Lawyers

1. Brown & Gill: "Per Se" DUI Violations ¥ "Less Safe" DUI Violations ¥ Administrative License Suspensions Do not think for one second that DUIs are merely traffic offenses. Nothing could be further from the truth. DUIs are serious misdemeanors and are treated, handled and punished very severely. There are several misconceptions regarding DUI. First, there is a belief that if a person were to drive with any amount of alcohol in their system that they have violated the law. The law is violated when a person is "less safe to operate his/her vehicle". There must be probable cause on part of the officer to arrest you for DUI. Usually an officer will ask a person to conduct several "field sobriety" tests to gather probable cause to arrest you. An officer will also note any "erratic" driving movements and the physical appearance of the driver. If you are arrested all is not lost. The officer must follow procedures and rules pertaining to DUI arrests. Sobriety tests must be performed properly. "Implied consent" warnings must be given properly if a person is asked for a breath or blood sample. Failure to comply with the rules on the officers part may be enough to save you from a DUI conviction.
2. Cooper, Glenn: It is a criminal offense to operate vehicles while under the influence of legal or illegal drugs. Being under the influence of antihistamines, painkillers, alcohol or drugs is considered Òdriving under the influence.Ó DWI stands for Òdriving while intoxicated,Ó OMVI is Òoperating a motor vehicle while intoxicated,Ó or OUI, Òoperating under the influence.Ó During a field sobriety test, the driver of the vehicle has to perform simple physical or cognitive tests to determine sobriety. One of the tests is walking a straight line heel-to-toe and turning at the end to repeat. Another is standing with his/her feet together and leaning oneÕs head backwards, or standing on one leg. The officer can move a penlight in front of the driverÕs eyes and ask the person to follow the light with his/her eyes [also referred to as Òhorizontal gaze nystagmus testÓ]. This test is pretty accurate if administered well. A Breathalyzer unit [a hand-held tool] can be used too, which measures the driverÕs blood-alcohol concentration [BAC]. You could get released in a short period of time by posting bail or being released on Òyour own recognizance.Ó With a posting of bail, a family member or bail bondsman pays an amount to get you released, which basically is a promise that you will return to court for the following proceedings: an arraignment, a preliminary hearing, pre-trial motions, and finally, the trial. With a bondsman, usually a 10% portion of the bail is compensated for your discharge, and you are responsible for signing a ÒbondÓ that you will appear at court. A plea bargain means your approval of pleading guilty to a lesser charge than a DUI. This may be a reckless driving charge, public intoxication, or an open container violation. Your time in prison will be coordinated between the prosecuting attorney and your own attorney without you having to go to court. The consequences may include attending driving school, completing community service, or paying a fine. The consequence depends in large part on the severity of your crime.
3. Sean McIlhinney: DUI is a serious offense, which carries serious penalties. The State can secure a DUI conviction by either showing (1) that the Defendant's blood alcohol content (BAC) was .10 grams or more within 3 hours before or after being in control of the vehicle or (2) that the Defendant was "less safe" (a BAC reading of .08 - .0999 raises this presumption but may be rebutted). A knowledgeable and experienced DUI attorney can sometimes prevent the State from being able to introduce BAC results as evidence at trial because of the State's failure to follow or meet specific legal guidelines relating to the administration of the test or its results. Also, a knowledgeable and experienced DUI attorney can often times effectively challenge the accuracy and reliability of the BAC results as well the results of any field sobriety tests. Driving Under the Influence is a very serious crime. Needless to say, if you are facing a DUI charge, you may soon enter a serious court battle with your driverÕs license, your reputation, and your future on the line. Strong DUI representation is key because DUI law is complex and the penalties are severe and may begin to take effect only 10 business days after arrest unless an appeal is filed timely and properly with the DMV. The State can secure a DUI conviction by either showing (1) that the Defendant's blood alcohol content (BAC) was .08 grams or more within 3 hours before or after being in control of the vehicle or (2) that the Defendant was a "less safe" driver. A knowledgeable and experienced DUI attorney can prevent the State from being able to introduce BAC results as evidence at trial because of the State's failure to follow or meet specific legal guidelines relating to the administration of the breath test or its results. Also, a knowledgeable and experienced DUI attorney can effectively challenge the accuracy and reliability of the BAC results, as well the results of any field sobriety tests. DUI cases are won by securing a dismissal or reduction to a lesser offense! Obviously, having an experienced and skilled attorney to advise and represent you can make a critical difference in how your case is resolved. Sean J. McIlhinney is known as the DUI PRO, and he has the experience, relationships and litigation skills to provide you with the best possible defense the law has to offer, whether he is negotiating your case or trying your case before a judge or jury. Sean always works to (a) have your DUI charge dismissed and/or reduced, (b) secure a driving permit for you at the conclusion of the case and (c) protect you from jail time! Do not make the mistake of handling your case alone or relying upon a novice or less experienced attorney! Sean is availabe for a FREE CONSULTATION. 10 Business Day Deadline for DMV Appeal The Department of Public Safety (DPS) will automatically suspend a driver's license for 1 year if any of the following occur: (1) a Driver's BAC is .10 grams or greater; (2) a Driver refuses to take the State's test; and (3) the Driver is under 21 years of age and his or her BAC is .02 grams or greater. Fortunately, a Driver can challenge this automatic suspension but the appeal must be in writing and filed within 10 business days from the date of arrest. DUI Penalities (for over 21 driver and non commerial drivers) Upon a first conviction of DUI within a five-year period (the time is determined using the dates of arrest), a defendant is subject to the following penalties: 1. up to a $1,000.00 fine plus Court costs 2. minimum 24 hours jail time and a maximum of 12 months (an experienced DUI attorney can often times help you avoid this 24 hour jail time requirement!) 3. minimum 40 hours community service 4. 12 month probation 5. 1 year license suspension (a knowledgeable DUI attorney can show a Defendant how to avoid this harsh sanction by securing a limited work permit) 6. DUI Risk Reduction school Upon a second conviction of DUI within a five-year period (the time is determined using the dates of arrest), a defendant is subject to the following penalties: 1. up to a $1000.00 fine plus Court costs 2. minimum 72 hours jail time and a maximum of 12 months 3. minimum 30 days (i.e. 240 hours) community service 4. 12 months probation 5. 3 year license suspension (a knowledgeable DUI attorney can show a Defendant how to avoid this harsh sanction but there is a minimum loss of license for 12 months followed by a six month ignition interlock device period) 6. Mandatory alcohol evaluation and/or treatment 7. Mandatory publication of picture and name in newspaper 8. DUI Risk Reduction school As you can expect, the penalties for a third DUI conviction within a five-year period are even more severe than that of a second DUI conviction and among other penalties include a fine up to $5,000.00, minimum 15 days in jail, 30 days community service and a 5 year license revocation.
4. 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.
5. 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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7. 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.
8. 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.
9. 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.