You are coming home from a party where you had a couple of drinks. Since you live near and feel fine, so sat in your car and headed home. But, the next thing you know, there are flashing blue lights coming from a car behind you. The police officer pulls you over and requests your Georgia driver’s license and registration.
This is a common scenario. Under Georgia DUI law (§40-6-391), an individual must not be in physical control of a vehicle or drive if they are under the influence of alcohol or drugs, nor if they were under the influence within three hours before the drive.
Speaking with an experienced DUI attorney is always a good idea. An experienced lawyer can not only offer knowledge and advice you may not have, but more importantly, can help you navigate the process early on to save your license.
If you are concerned with the loss of a license, jail time, or especially if you are a repeat offender (have had a prior DUI), then you definitely need to speak with a qualified DUI defense attorney.
What Happens After a DUI Arrest?
Individuals who were pulled over by the police officers will also have to take field sobriety tests. If a DUI arrest occurred, the arresting officer has to read the Georgia Implied Consent Notice and asks to submit to a chemical test of your breath, urine, blood, or other bodily substances for determining whether the individual is under the influence of drugs or alcohol. Those who refuse will face a license suspension for a minimum of one year.
There is a common misconception that an individual won’t face Atlanta DUI charges if their blood alcohol concentration (BAC) is less than .08 grams. Georgia’s DUI less safe law allows for the individuals to face a DUI arrest even if their BAC is lower than .08 grams.
A DUI conviction carries significant fines, driver’s license suspension as well as a potential jail time even for a first DUI offense. There are additional consequences such as an increase in your insurance cost and difficulty going to work and doing your everyday chores without driving privileges.
WHAT CAN ATLANTA DUI LAWYERS DO IN A DUI CASE?
An experienced Atlanta DUI attorney knows the difficult and confusing process of appealing your license suspension from the onset of your case. An attorney will assess your specific case and inform you of any possible consequences.
Atlanta DUI attorneys will also work to find all possible legal defenses in your case with the hopes of obtaining a complete dismissal of all charges. Negotiating an out-of-court resolution, such as a negotiated plea bargain, may also be the best resolution in your case. With the help of a knowledgeable criminal defense attorney, you can save not just your license, but your precious time and money.
Sometimes, most importantly, a DUI attorney Atlanta will make the DUI Case process manageable. Dealing with the justice system and the DMV is stressful and time-consuming. With the help of an experienced DUI Attorney, the process can be less impactful on your life as the case progresses.
QUESTIONS TO ASK YOUR ATLANTA DUI LAWYER
When looking for the right Atlanta DUI lawyer, don’t be afraid to ask everything you need to know. DUI is a serious offense and, in case of a conviction, DUI penalties can change your life.
However, there are certain questions you can ask Georgia DUI lawyers that can help you find the right one for your case.
- How much of your practice is devoted to DUI law?
- How many years of experience do you have handling DUI cases?
- How familiar are you with relevant courts and DMV offices?
- How are your fees structured?
- Do the fees include the trial?
- Are there any additional expenses you foresee?
- What is the scope of your representation? Does the fee include representation in DMV proceedings?
- Who will actually handle my case?
SOME COMMON DUI DEFENSE STRATEGIES
Defending DUI cases in Atlanta GA is not an easy task. You need a premier criminal defense law firm with enough experience to successfully handle these types of cases. In addition, you need criminal defense attorneys who are experienced and willing to fight your drunk driving charges.
- Improper stop – One of the most common defense strategies made by a DUI attorney is that the law enforcement officer lacked probable cause to make the initial traffic stop.
- Probable Cause to Arrest – Georgia Law requires that an arresting officer must have probable cause to arrest someone for DUI. Generally, through a Motions hearing, we challenge this probable cause in order to obtain a dismissal of the DUI charge.
- Accuracy of Field Sobriety Tests – A case may be dismissed if the arrest was based on an improperly administered field sobriety test or inaccurate results. If not fully dismissed, it may be used to obtain a reduction of the charges.
- Accuracy of State Administered Test – The attorney may challenge the administration of the breathalyzer test used by challenging the reading of the implied consent notice, the officer’s training and administration (i.e. was the officer properly trained?), and the results of the test on the printout. Also, the defense may question whether the breath test device was properly calibrated and maintained.
- Improper Detention or Miranda violations – If Miranda warnings are required and are not issued, any evidence gathered thereafter (such as incriminating statements, biological evidence, field sobriety test observations, etc.) will likely be excluded.
- Improper testing and storage of blood alcohol samples – Unreasonable wait times or testing by an untrained laboratory technician could be possible defenses against the results.
- Medical conditions – If you have a medical condition, this can sometimes not only create the appearance of intoxication but can even skew the results of the State-administered Test.
If you find yourself pulled over and arrested for driving under the influence, make sure you reach out to an Atlanta DUI lawyer who can help you get the best possible outcome.