Posted by duijim in on May 11, 2023
An arrest for DUI can be terrifying, even for first time offenders, with fines and jail time accrued on every offense – not to mention suspension of your license, with exceptions being granted for certain tasks or trips like driving to work or school.
Start working immediately with an experienced Atlanta DUI defense attorney.
1. Arrest
Imagine attending a party and then being headed home when suddenly there are flashing blue lights behind you, followed by Georgia law enforcement stopping and asking for your driver’s license and registration documents.
Georgia DUI laws allow law enforcement officials to arrest drivers suspected of driving under the influence of alcohol or drugs (including prescription medications) when their blood alcohol concentration (BAC) reaches 0.08 or above. For prosecution to successfully prove DUI charges against an individual, evidence must show they were “less safe” as a result of using alcohol or drugs while operating a motor vehicle.
An Atlanta DUI conviction will incur both criminal penalties as well as driver’s license suspension. You have 30 days from when you received your DUI charge to file an appeal referred to as Administrative License Hearing (ALS), in order to stop this suspension automatically taking place; if this deadline passes without intervention then your driver’s license will be suspended for 12 months.
Your Atlanta DUI attorney will fight hard for your driving privilege in an ALS proceeding. Our firm often argues that police did not have probable cause to stop you initially or that field sobriety tests administered were improperly or inaccurate. Our experience challenging these issues can help avoid a DUI conviction altogether or lead to its dismissal altogether.
2. License Suspension
At first, being charged with DUI can be one of the most shocking and distressing moments of life, necessitating legal representation to protect their rights and ensure the best outcome possible. When that momentous day arrives, legal advice should be sought immediately to secure their future and ensure you achieve a favorable result.
First offense DUI offenses carry severe repercussions, including jail time, fines, community service hours, alcohol treatment or DUI school tuition fees and thousands in additional auto insurance premiums. If your driving privileges have been suspended by the Department of Driver Services you have limited time to request an administrative license hearing; to fight back effectively hire a DUI lawyer who will fight this case aggressively on your behalf.
An experienced Atlanta DUI lawyer such as James can quickly determine the most appropriate legal defenses against drunk driving charges. He or she may uncover errors in police procedure, questioning techniques employed by officers, inconsistent evidence or the testing equipment used to ascertain blood alcohol content levels. As well as fighting Department of Driver Services attempts at license suspensions, experienced DUI lawyers can file an SR-22 form with your auto insurer as evidence that you meet state minimum requirements for coverage.
3. Administrative Hearing
At the moment you are pulled over on suspicion of DUI in Atlanta, your life can quickly transform. Both personal and professional lives may become stressed; your reputation could suffer as well as jail time and fines being assessed against you for conviction of DUI.
As soon as your license is suspended – either through being arrested for DUI or refusing a State administered test with a blood alcohol concentration level that exceeds legal limit – Georgia law automatically suspends it; you have 10 days from this action occurring before an administrative hearing can be requested in order to keep your license.
At an administrative hearing, you will have an opportunity to argue why your license should not be suspended while fighting your DUI case in criminal court. Typically speaking, this hearing takes place in another court with its own judge; they will hear evidence as to whether you provided an adequate breath or blood sample and if officers complied with all your constitutional rights; among other issues.
As soon as possible, it is vital to hire a competent lawyer and fight evidence and save your license. In many instances, your lawyer can also convince both prosecutor and judge to dismiss your case by emphasizing its specific facts while understanding their tendencies.
4. Trial
If you are charged with DUI in Georgia, your license will likely be suspended. But there is still an avenue open to you to keep driving until your suspension ends: hiring an Atlanta DUI defense lawyer to fight administrative charges on your behalf and preserve your right to drive.
At your initial court appearance (arraignment), you will be required to enter a plea. Your options for doing so include guilty, not guilty, no contest and trial by jury; although most cases settle prior to that stage.
After your arraignment, the Department of Driver Services will issue you a temporary license valid for 30 days; should no appeal of suspension be filed during that period, your license will automatically be suspended.
Suspending your license at work can put you in an extremely precarious position, potentially impacting both your financial stability and mobility. Therefore, it’s wise to consult an Atlanta DUI lawyer immediately so they can fight DDS requests for license suspension and ensure you have valid means of transportation.
James possess decades of combined experience, as well as a proven track record. He boast many years of prosecutorial experience and more than two dozen jury trials that resulted in Not Guilty verdicts for DUI charges.