DUI Defense Attorneys in Doraville, GA
Doraville DUI Lawyers
You Need a Doraville DUI Lawyer. Doraville DUI Lawyers Yeargan & Kert, LLC Can Help
Doraville DUI Lawyer Jim Yeargan , a top-rated and experienced Doraville DUI lawyer, has nearly 15 years of experience defending and supporting DUI clients and winning cases for them. If you ever need a dedicated Doraville DUI Lawyer to represent you in a DUI case in Doraville Georgia or surrounding areas, Jim Yeargan and the attorneys at Yeargan & Kert, LLC are happy to assist you. We are located not far from Doraville in Roswell, and we work with clients who are facing DUI charges in the North Fulton County area.
It is critical that you take action and defend your rights during your DUI case. The first step you take should be reaching out to our law office. We are here for you 24/7 and ready to advise you and assist you with your case.
Why Must Your Lawyer Specialize in DUI Cases?
Sometimes, the type of attorney you choose for your court case is of little importance, but that is not the case with a DUI charge. A DUI charge is a serious matter with potentially life-changing repercussions. Thus, it is crucial that you put your future into the hands of an experienced Doraville DUI lawyer.
Jim Yeargan is an excellent choice of counsel to represent you in your DUI case. Early in his legal career, Mr. Yeargan worked as a prosecutor for many years in the same DUI courts where he now represents his DUI clients. Jim Yeargan knows the system and how it functions and knows the prosecuting attorneys and judges who will hear your case personally. With these skills and experience, he will use his knowledge to fight for your rights. As a defense attorney, his law offices specialize in only DUI cases and are talented and capable experts in the field of DUI defense.
The 30-Day DUI Warning in Doraville GA
If you have been arrested for a DUI offense in Doraville GA, you must act within 30 days of your arrest to protect your driving privileges. Reaching out to an experienced DUI lawyer as soon as possible is a critical first step in the process. Your Doraville DUI lawyer from Yeargan & Kert, LLC can file a request for an Administrative License (ALS) Hearing. Otherwise, if you fail to act within the 30-day window and qualify for a hearing, your Georgia driver’s license is automatically suspended for up to one year. Time is of the essence, so act quickly to protect your right to drive. The Georgia Department of Driver Services handles driver’s license suspensions and reinstatements for the state.
The offices of Yeargan & Kert, LLC can help by filing your ALS letter to prevent your license from being suspended unnecessarily. Call us as soon as possible. We can take your call and begin working on your defense any time, day or night, on any day of the year, even on weekends and holidays.
Repercussions of a Doraville DUI
A suspended license is not the only consequence of a DUI, and the repercussions can be far-reaching. A DUI conviction can result in the permanent revocation of your Georgia driver’s license, hefty financial fines, and even jail time. Having a DUI conviction on your record can affect your car insurance rates for years to come and can also limit your future job opportunities. Because a DUI is a serious offense, it also carries a social stigma that can negatively impact your life.
There is Help Available
If you have been arrested for a DUI in Doraville, you are not alone. Help is available in the form of a skilled attorney who is qualified to handle your case. Do not be overwhelmed with anxiety. Act as soon as possible to protect your future and reach out to the law offices of Jim Yeargan for legal assistance.
Yeargan & Kert, LLC: Proven Successful Doraville DUI Defense
After a DUI arrest, reach out to a trusted professional. Jim Yeargan ’s satisfied customers have posted numerous reviews online on websites such as AVVO and Yelp. He has handled over 4,600 DUI cases in the state of Georgia and his friendly and experienced staff are available to take your call at any time. The sooner you call, the sooner you will have an experienced Doraville DUI lawyer on your side.
Doraville GA DUI? You Have Options.
Do not let anyone convince you that just because you have been charged with a DUI that you must plead guilty in court. A skilled Doraville DUI lawyer may be able to help you avoid a DUI conviction by examining the nuances of your particular case and determining the best line of defense. Your attorney can assist you with defending your rights, including the right to challenge procedures used at the time of your arrest, the probable cause to arrest you, and the evidence collected against you. By going over your case with a fine-toothed comb, your Doraville DUI lawyer can help you determine the best angle for your defense and protect your rights as a citizen. You are innocent until proven guilty in a court of law.
Have a Doraville DUI Lawyer from Yeargan & Kert, LLC On Your Side
Jim Yeargan used to prosecute DUI offenders. Now, he defends them. He has been practicing law for 20 years and has specialized in DUI cases and only DUI cases. Jim Yeargan knows the ins and outs of the court system and the DUI laws of the state of Georgia and can guide you along the way while protecting your rights and your future.
How a DUI Arrest Works in Doraville GA
If you are suspected of DUI in Doraville GA, a police officer must stop your vehicle, either at a roadside checkpoint or by pulling you over once you are suspected of DUI.
There are specific laws pertaining to DUI roadblocks in Doraville GA. The roadblock must follow the correct guidelines such as being announced to the public ahead of time, and the roadblock must also involve random vehicle checks. There are many different ways for a citizen’s rights to be violated during a DUI roadblock.
If you were arrested for DUI at such a roadblock, please contact an experienced Doraville DUI lawyer at once. Jim Yeargan and his legal team can evaluate the circumstances of your arrest and potentially find a reason to have the charges against you dismissed if the proper procedures were not followed exactly.
Pulled Over for DUI
In order for you to be pulled over for a DUI in Doraville GA, the officer who pulled you over must have probable cause. Probable cause for DUI could include such traffic offenses as driving erratically, weaving in and out of your lane, or even running a red light. The arresting officer must then record a valid reason for the traffic stop. Otherwise, your DUI charge could be dismissed. A seasoned Doraville DUI lawyers can help you pursue this avenue if it applies to your case.
During a roadside traffic stop, the arresting officer can perform a sobriety test if he or she believes you are under the influence of drugs or alcohol. If an officer detects the odor of alcohol on your breath or in your vehicle, or if the officer sees an open or empty container of alcohol in the vehicle, that could be probably cause to perform a sobriety test. You may be given a field sobriety test or a BAC test, and if you do not pass the test, you can then be arrested for driving under the influence.
If you watch television, you may know that everyone who is arrested is allowed to make one phone call during processing at the local jail. When you are given the opportunity to make a phone call, make that phone call count and contact Jim Yeargan immediately so he and his legal team can begin working on your case as soon as possible. We are here to help at any time, day or night, any day of the week, any day of the year.
DUI Field Sobriety Testing
After you have been stopped by a police officer in Doraville GA, you can be tested for sobriety if the officer has reason to believe you are under the influence. One way to test sobriety is by performing field sobriety tests, and knowing what is on the test can help you prepare for this possible scenario. Field sobriety tests are usually the first step once an officer suspects a person is driving under the influence.
Although there are several different field sobriety tests, these tests are often physical feats the officer will have you perform to demonstrate your motor skills, balance, and dexterity. Some of the more commonly used field sobriety tests entail walking a straight line while touching your heel to the toe of your other foot. You may be asked to recite the alphabet–forward or backward–track the officer’s finger with your eyes without moving your head, or touch your finger to your nose.
In theory, a person who is sober will pass the field sobriety tests, while someone who is intoxicated will fail the test. Failing the test simply means that the officer will move on to the next step, which involves testing you for alcohol, usually using a portable breath test (PBT).
In order to protect police officers and civilians, most police cruisers in Doraville GA are equipped with a camera system on the dashboard that records all traffic stops. These cameras also record your performance during field sobriety tests, and the footage from the officer’s dashboard camera can be used in court to demonstrate how you performed during the test and whether or not you were ultimately successful at completing the tasks you were asked to complete during the field sobriety tests.
Jim Yeargan is quite familiar with field sobriety tests and has experience interpreting their results. Because field sobriety tests are not always performed correctly and may not accurately reflect whether someone has committed a DUI offense, the footage of your field sobriety test may be crucial evidence in your DUI defense. Jim Yeargan and his staff will be certain to examine the footage of your traffic stop and ensure that the tests were performed fairly and that your rights were not violated during your traffic stop.
Blood and Breath Tests: What to Expect and Know
Although field tests for sobriety are often performed by law enforcement officers in Doraville GA, blood and breath tests that measure the level of alcohol in your body at the time you are stopped may also be performed because these tests are more reliable and more accurate at determining whether or not someone is guilty of a DUI offense.
The most common types of chemical testing are a breath test or blood test. In order to pass a BAC test in the state of Georgia, you must have less than 0.08% blood alcohol content if you are over 21, and less than 0.02% blood alcohol content if you are under the age of 21. The results of this test can be strong evidence against you in court if you do not pass.
Although you have the right to refuse a BAC test if you are detained due to suspected DUI, Georgia has an implied consent law. Implied consent means that by holding a valid driver’s license from the state of Georgia, you imply that you give consent for a law enforcement officer to administer a BAC test. By refusing to take a BAC test when you are asked to, you will lose your driver’s license.
Multiple Doraville GA DUI Offenses
Law enforcement officers in Doraville are always looking for drivers under the influence and are encouraged to make an arrest any time they suspect someone has been driving under the influence. Because of the serious nature of a DUI offense, these cases are of high importance in the Georgia court system, and penalties can be severe even for first-time offenders.
1st DUI Offense
The penalties for a first-time DUI offender who is convicted can include suspension of your driver’s license for up to one year, up to one year in jail, and up to $1000 in fines. You may also be required to complete mandatory community service, driving courses, and more. Do not hesitate to contact the right attorney if you have been charged with a first-time DUI. Jim Yeargan can begin working on your case immediately.
2nd DUI Offense
Although the penalties for a first-time DUI can be harsh, being arrested for a subsequent DUI can be even more damaging. A second DUI conviction in Doraville can lead to even more jail time, harsher financial penalties, more court-ordered community service hours, and the suspension of your license for up to three years. Sometimes, individuals convicted of a second DUI offense may be required to install expensive ignition interlock devices in their automobiles once their licenses are reinstated.
Even if you have been convicted of DUI before, it is never too late to have an experienced Doraville DUI lawyer on your side. Please contact Jim Yeargan anytime but as soon as possible for a free consultation.
3rd DUI Offense
A third DUI conviction in Doraville GA can result in a felony on your record along with many other consequences including fines up to five thousand dollars, jail time and suspension or revocation of your driving privileges for up to five years. The impact of a felony conviction can be devastating for many years to come. You may be limited in your choice of employment or lose out on educational opportunities. A DUI may even affect your credit score.
A felony DUI is extremely serious. Do not delay in contacting someone who can assist you with this matter. Jim Yeargan and his staff will fight to protect your future, and they can begin working on your case at any time. Make the right call.
How the Doraville DUI Court Process Works
After a DUI arrest, you may have questions and concerns that an experienced Doraville DUI lawyer can help answer. Jim Yeargan and attorneys can make sure that you are informed while protecting your rights. Educating yourself regarding the legal system and how your case will proceed will also give you peace of mind along the way.
The Municipal Court in Doraville GA handles lower-level offenses such as misdemeanors, ordinance violations, and traffic offenses. If you are arrested in the city limits of Doraville by a Doraville Police Department officer, Georgia Department of Public Safety officer, or Georgia State Patrol Officer, your case will be heard in the Doraville Municipal Court.
After being arrested, you will be given a citation or bond. Your citation will list your arraignment date and time. Your arraignment time in Doraville will be the first or second Monday or Tuesday of the month, at either 12:30 P.M. on Monday or 12:30 P.M. or 2:30 P.M. on Tuesday.
When you are arraigned, you will be in front of an appointed magistrate who will ask you if you have hired an attorney or if you intend to hire an attorney if you have not yet retained counsel. The judge will also explain your rights as well as the pleas you may make regarding your DUI offense.
Possible please for a DUI charge include:
Guilty: If you plead guilty, you admit that you committed a DUI offense and are legally responsible
Not Guilty: You deny that you have committed the crime of driving under the influence
Nolo Contendre (also called No Contest): You are neither confirming nor denying your guilt but are not contesting the proceedings against you
If you plead guilty at the time of your arraignment, you will be sentenced. If you plead not guilty, you will be given a trial date in the future.
It is important to appear in court for any and all hearings and court dates. Doraville Municipal Court defendants are entitled to one reset but must request it at least two business days prior to their court date. If a second reset is necessary, you must request the continuance in person on your scheduled court date.
If you do not appear in court, you will be charged with Failure to Appear. A Failure to Appear charge will result in suspension of your driver’s license. Once you have received a Failure to Appear Notice from the Georgia Department of Driver Services, you must resolve the matter and submit documentation showing that you have done so within 28 days or the suspension will automatically take place. You will also face court costs for contempt of court in Doraville.
Another consequence of a Failure to Appear is a bench warrant for your arrest in Doraville. If a bench warrant is issued, any law enforcement officer can arrest you and take you back to jail at any time. You will then be required to post bond to be released from the bench warrant and receive a new court date. Failing to appear a second time will result in bond forfeiture and your case being decided in favor of the prosecution.
How a Doraville DUI Lawyer from Yeargan & Kert, LLC Can Help
Being charged with DUI in Doraville and navigating the court system can be overwhelming for anyone who does not understand the process, and the consequences of a conviction can be disastrous. A Doraville DUI lawyer can ensure that your rights are protected. Contact Yeargan & Kert, LLC following your arrest for a free consultation and guidance regarding your case.
In order to prepare your DUI defense in Doraville GA, your attorney will want to obtain records regarding your arrest from the arresting agency. All Doraville police cars keep audio and visual records of each arrest, which your defense Doraville DUI lawyer may be able to use in your favor. Your attorney can observe your driving before you were stopped, how you interacted with the arresting officer, and the results of any field sobriety tests that were administered at the time of your traffic stop. Your Doraville DUI lawyer will also have access to the incident report made by the arresting officer, which includes a write-up of the events leading to the rest and any other pertinent information regarding your case. The discovery process ensures that your Doraville DUI Lawyer will have access to this crucial evidence as the prosecutor is legally required to share this evidence with your defense attorney so that they may prepare for trial.
By examining both the written and recorded evidence pertaining to your DUI arrest, your Doraville DUI lawyer can determine if the arresting officer followed the proper protocol and procedure and whether or not your constitutional rights were violated at any point during the arrest. Your attorney can also determine whether any factor of your arrest may cause your case to be legally insupportable. A Doraville DUI lawyer who knows the ins and outs of the court system can also give you an honest assessment of how your case will likely be viewed by the judge and prosecution, what your options are, and what is the best course of action regarding your defense.
Plea Deals: Another Option Your DUI Attorney Can Use to Assist You after Your Arrest
Sometimes, your defense attorney can arrange a plea deal. In order to arrange a plea deal, your defense Doraville DUI Lawyer examines the evidence against you, meets with the prosecuting attorney, and bargains with him or her to obtain a lesser sentence for you. The prosecuting attorney may be willing to negotiate and offer a lesser sentence based on a clean criminal record, past good behavior, or if there were any mitigating circumstances involved in your case. Most commonly, plea deals take place during a first DUI conviction. A first-time DUI offender can sometimes argue that the circumstances leading to their arrest were a one-time mistake that is unlikely to ever happen again.
Most of the time a plea deal involves a conviction and punishment. However, the fine and community service may be lesser than they would have otherwise been, and with a skilled Doraville DUI lawyer like Jim Yeargan working with the prosecution, you will be more likely to receive the best possible outcome given the circumstances.
If you are a first-time offender with a generally clean criminal record, the prosecuting attorney in your case may decide that your DUI case does not warrant the time and cost of a trial and be more likely to negotiate a plea bargain with your defense counsel. Having an unblemished record can certainly work in your favor sometimes when it comes to plea bargains for DUI offenses. An experienced Doraville DUI Lawyer who is familiar with the court system and the prosecutor can ensure that the long-term effects on your future are lessened with a plea bargain.
Because Jim Yeargan has also spent many years working as a prosecuting attorney handling DUI cases, he knows better than anyone how to approach the prosecution and will work tirelessly to help secure a plea bargain in your favor. He and his legal team have successfully negotiated hundreds of plea bargains for their DUI defense clients.
If your attorney is unable to reach a plea deal with the prosecutor after attempting to do so on your behalf, your case will go to trial. The trial will take place either in front of a judge or jury. Depending on holidays, trials in Doraville take place at 2:30 P.M. on the first and second Monday of the month.
Another Option: Pretrial Diversion
In certain instances a Doraville case may qualify for the Doraville Municipal Court’s Pretrial Diversion Program. This program allows you to accept responsibility for the charge, not have it appear on your permanent record, or on background checks. Only certain charges such as possession of marijuana, shoplifting, or minor in possession of alcohol may qualify for the diversion program. You may be able to choose the diversion option if:
- Your charge qualifies for the diversion program (DUI’s do not qualify)
- This is your first offense
- You have a clean criminal record
- You have no other pending charges
If you qualify to take part in the Pretrial Diversion Program the court will assign you several requirements that may include payment of a program fee, random screens for drugs and alcohol, possible treatment for alcohol dependency, and probation.
By completing these requirements you will not have the charges on your permanent record, and you will not face the stiffer penalties you might have incurred such as losing your driver’s license for an extended period, or serving jail time.
What is an Administrative Case, and What Does It Mean for a DUI Charge?
DUI cases that are heard in the Doraville Municipal Court involve both a criminal case and also an administrative case, which takes place concurrently with the criminal case. An administrative case is centered on the issue of a BAC test that was administered by the arresting officer. If you submitted to blood-alcohol testing at the time of your arrest, and if your blood alcohol content was above the limit of 0.08%, or if you refused to submit to blood alcohol testing at the time of your arrest, the state will begin the process of suspending your driver’s license for one year.
In order to prevent the loss of your driving privileges, you must appeal within 30 days of your arrest. If your appeal is successfully filed, an administrative hearing will be scheduled in the Georgia Office of Administrative Hearings (OSAH), and you will be informed of your court date at that time.
An administrative hearing is a crucial part of the legal process. During the administrative hearing, the court will examine whether or not there was probable cause to test your blood-alcohol content, if you were properly Mirandized or informed of your legal rights, and whether or not the blood alcohol test was properly administered by the arresting officer. The administrative hearing, while separate from criminal proceedings, will have an impact on your case, and it is of the utmost importance to have retained an experienced Doraville DUI lawyer such as Jim Yeargan in time for your administrative hearing.
Your entire future is at stake when you are facing a DUI charge. Quality representation from a skilled Doraville DUI lawyer can make a difference. We at the law offices of Jim Yeargan will work diligently to protect your future.
DUIs in Doraville GA: What You Need to Know
Your DUI case in Doraville may involve a few more unusual scenarios that an experienced Doraville DUI lawyer like Jim Yeargan and his legal team can help you navigate. These mitigating circumstances are listed below.
DUIs in Doraville for Drivers Under 21
It is illegal for minors under the age of 21 to consume or be under the influence of alcohol in Doraville GA and indeed in the entire United States. Because mere consumption is a criminal offense, driving under the influence while underage can result in severe consequences.
Although an adult driver over the legal drinking age can legally drive with a BAC under 0.08%, the legal limit is much lower for underage drivers. If you are under the age of 21, you can be arrested and charged for DUI if your BAC is over 0.02%. Although adult drivers can request and receive special driving permits for work or school if they lose their license because of a DUI, a DUI offender under the age of 21 does not have this option and may also face additional related charges for being a minor in possession of alcohol or for consuming alcohol while underage.
Jim Yeargan has many years of experience defending DUI cases, including cases involving underage clients, and he can assist you with your case, too. Call his law offices any time for a free consultation and to discuss your options. His knowledgeable and professional staff are available 24/7 and ready to help.
DUI Child Endangerment Laws in Doraville GA
If you are arrested for DUI in Doraville and have a passenger who is a child under the age of 14 in your vehicle at the time you are stopped, you may face an additional charge of child endangerment. A child endangerment charge carries additional harsh penalties such as fines, a criminal record, and even the loss of custody of your children. Your future and your child’s future is at stake if you are arrested for DUI while your child is in your vehicle.
Therefore, you must take a child endangerment charge very seriously and seek legal help immediately. Jim Yeargan has experience defending DUI cases involving child endangerment and can protect your parental rights now and for years to come.
DUI Arrests Do Not Always Involve Alcohol
In most places including in Doraville GA, an individual can be arrested for DUI even if they have not consumed alcohol. Some DUI cases involve driving under the influence of drugs or under the combined influence of drugs and alcohol. It is not uncommon to be arrested for a DUI while driving under the influence of drugs.
Although many people believe that DUI arrests for drugs involve only illegal street drugs, it is also possible to be arrested for DUI if you are found under the influence of drugs prescribed by your doctor, such as narcotics or sleeping medication, if these medications affect your ability to safely operate a motor vehicle or if the officer believes you are impaired by your medication. Always follow the warnings accompanying your prescription medications, particularly pertaining to dizziness, drowsiness, or the inability to drive safely or operate machinery. Otherwise, you may be arrested for DUI.
DUI law involving drugs in Georgia is particularly complex because, unlike with alcohol, there is no set legal limit to determine if a person is driving while intoxicated by drugs. It is extremely important that you retain an experienced Doraville DUI lawyer who can assist you with your DUI defense if you are arrested for driving under the influence of drugs.
Jim Yeargan has handled many cases involving DUI drug arrests and can help you navigate the legal system and protect your rights. Contact him at any time for a free consultation to learn more about the specific circumstances pertaining to your case.
It’s important to know, though, that there are no set legal limits or definitions for drug intoxication, such as there are for alcohol. That’s why this area of DUI law is particularly complex, and why you’ll need a skilled Doraville DUI lawyer to help build your defense should you find yourself charged in this manner.
Doraville GA DUI and Possession of Marijuana
Drivers in Doraville also need to be aware of the laws regarding marijuana possession in Doraville and in the state of Georgia. Possession of marijuana is illegal and can result in severe penalties.
As is the case with a DUI offense, if you are pulled over, the officer must have probable cause to stop you and bring possession of marijuana charges against you. Perhaps you were driving erratically, or perhaps you were stopped at a roadside checkpoint. The same roadside checkpoint laws also pertain to possession of marijuana offenses.
While you are stopped, a law enforcement officer may have probable cause to believe that you are in possession of or under the influence of marijuana if he or she detects the odor of marijuana on your clothing or in your vehicle. If the officer sees marijuana in your vehicle, that also constitutes probable cause for a possession of marijuana charge. Specially trained canine units may also be used to detect marijuana, and the prevalence of visible marijuana paraphernalia also constitutes cause to search you or your vehicle.
Possession of more than an ounce of marijuana, whether it is carried on your person or is found inside of your vehicle, carries particularly harsh penalties including a one-year suspension of your driving privileges. Even if you are not driving at the time of your arrest, you may lose your license for up to six months.
Drug-related DUI and possession charges are particularly serious, and a talented Doraville DUI lawyer like Jim Yeargan can help defend you in court. Contact his team today to discuss your side of the story and your possible options for defense.
An automobile accident can be devastating for all involved, especially if it results in the death of another person. In Doraville, if you are driving during an accident that results in death and are found to be at fault, you may also face legal consequences for your actions.
After an accident involving a fatality, everyone involved is tested for alcohol. If alcohol and drugs are found to have been a factor in causing the wreck, the driver who was under the influence may be charged with one count of vehicular homicide for each fatality.
If you are facing a vehicular homicide charge and are suspected of having been driving under the influence at the time of the crash, you need experienced legal help immediately. Call Jim Yeargan today. Your freedom depends on having a Doraville DUI lawyer who is well-versed in handling such cases.
If you are facing a first or subsequent DUI charge, if you are being charged with child endangerment related to driving under the influence, or if you are being charged with vehicular homicide while under the influence, you may lose everything. You cannot afford to waste time. Your life and your future depend on the outcome of your case. Contact Jim Yeargan ’s law offices today for a free consultation and to discuss your options.
The Doraville DUI Lawyers at Yeargan & Kert, LLC
James Yeargan is one of the most respected, and sought after DUI attorneys in the state. He is the Doraville DUI Lawyer.
A highly successful and effective criminal law attorney, Ms. Kert has handled more than 1,000 DUI cases, and served for eight years as a DUI Prosecutor and is intimately familiar with all the maneuvers and strategies prosecutors and police officers use in Georgia DUI cases.
John F. Gilkey is our Paralegal and is the first point of contact for our clients as they enter the office.
Jon Majeske joined the firm after spending 10 years in private practice defending high profile, and serious felony cases. In addition to handling hundreds of traffic tickets and DUI cases Jon has tried and won numerous rape, kidnapping, armed robbery, aggravated assault,burglary, trafficking, and capital murder cases.