Milton DUI Lawyer
Yeargan & Kert, LLC are highly rated Milton DUI lawyers. If you need a Milton DUI Lawyer look no further. In the courtroom, Yeargan & Kert, LLC puts nearly 50 years of experience into defending your rights. His tireless efforts ensure that you feel supported and defended. Client after client has walked out of the courtroom feeling relieved about confronting and winning a DUI case.
When you need a defense attorney who will protect your rights in a Milton DUI trial, you need an attorney like Yeargan & Kert, LLC is on your side. His office is dedicated to providing assistance and support you need during this difficult time. The office is conveniently located in Roswell, less than 10 miles away from Milton. This allows us to work with clients from all over North Fulton County.
You do not want to take any risks when it comes to protecting yourself in a court case. Calling Yeargan & Kert, LLC and their team is the first step in fighting your DUI charges. We are here, ready to provide you with the support and advice you need. It does not matter when you call. We offer service 24 hours a day, 365 days a year.
You Need a Lawyer Who Specializes in DUI Cases
Much of the time, you can hire nearly any type of lawyer to handle your case. This is not so when you are facing a possible DUI on your record. These are serious charges that can several change the course of your life. Instead of putting your fate into the hands of the courts, you should place it with your lawyer. A Milton DUI lawyer understands every detail of a DUI case.
Milton residents should look to Jim Yeargan to fulfill this need. Jim Yeargan spent many years working as a prosecutor, spending his time in the same courtrooms where he now defends people just like you against the same types of charges. This means that you can trust your Milton DUI lawyer to understand exactly how Milton’s DUI system works. Additionally, he has worked specifically with the attorneys and judges who work in the courts — the people who will be trying your DUI case. Armed with knowledge and skill, Jim Yeargan takes everything into account to ensure that your case is handled with the utmost respect.
Since the offices of Jim Yeargan only handle cases of DUI, you can trust that they are specialists in the arena. You do not have to worry about hiring a lawyer who is so focused on various fields of law that they do not have time to focus on your best interest.
What is Milton’s 30-Day DUI Warning?
If you are arrested for a DUI in Milton, Georgia, you are required to take action within 30 calendar days if you do not want to lose your driver’s license. If you fail to reach out to a Milton DUI lawyer immediately, you could lose the right to drive. If you do get in touch, your Milton DUI lawyer will file a request for an Administrative License Suspension Hearing. This is known as an ALS hearing.
Once the 30-day window has been reached, your Georgia license will be suspended automatically. This suspension is valid for up to one year. This means that you must get in touch with a Milton DUI lawyer quickly if you want to protect yourself.
When you are arrested for a DUI, it is imperative that you contact the offices of Jim Yeargan immediately. We will help you by filing all necessary ALS papers quickly, doing our best to ensure that your driver’s license is not suspended. No matter the time of day or night, we are ready to take your call and handle your case with the speed it requires.
What Are the Consequences of Getting a DUI in Milton?
While the 10-day rule is already strict on Georgia drivers, there are actually many more repercussions associated with being charged with a DUI in Milton. Some people actually lose their license permanently upon conviction. Additionally, those convicted of a DUI in Georgia may also face hefty financial penalties or be forced to spend time behind bars.
There are also long-term effects of DUI conviction. Having a driving record that shows your conviction can devastate you financially, even resulting in terrible insurance rates. A potential employer may even turn you away. There are even social impacts, as the stigma of having a DUI on your record can change how others perceive you.
You Can Get Help Facing Your DUI from Yeargan & Kert, LLC
If you are arrested for a DUI in Milton, the first thing you need to know is that you have a team on your side. Help is available, and your are never on your own in this challenge. If you let your anxiety control you, you will be unable to act quickly enough to find a solid attorney with a strong background of helping people in situations just like yours.
Jim Yeargan Has an Excellent Track Record in Milton DUI Defense
After handling more than 4,600 Georgia DUI cases, Jim Yeargan has maintained a steady record of satisfied customers. Reviews on websites like Yelp, AVVO, and all across the Internet show that Yeargan understands his clients and their needs.
You can reach Jim Yeargan ‘s law offices 24 hours a day, 7 days a week. You can get in touch with the office no matter when your arrest takes place. You do not need to handle the anxiety on your own.
Did You Get a DUI in Milton? You Have Choices
All too many people believe that if they are arrested for a DUI, they have no choice but to plead guilty. When you have a defense attorney on your side to go over the ins and outs of a case, you do not have to risk your future. When you are arrested, you always have the right to challenge the process and the reason why you were arrested. You also have the opportunity to fight against any evidence being used against you.
You should not try to fight your charges alone. A lawyer who is skilled in DUI law will help you understand your situation and the potential repercussions. Your Milton DUI lawyer will show you the best approach to the case, protecting you in every sense.
It is important to note that simply because you have been arrested for a DUI does not mean you are automatically guilty of the offense.
You Can Hire a Milton DUI Lawyer from Yeargan & Kert, LLC
Jim Yeargan is an experienced defense attorney in Milton, GA who understands exactly what you need to know to minimize the potential long-term repercussions. He will guide you through everything, which can be a real help when you realize how complex DUI law can become. With almost 20 years of experience with DUI law in Georgia, Jim Yeargan is not a stranger to defense in a DUI case.
How Does a DUI Arrest Work in Milton, GA?
You can be pulled over in Milton if a police officer suspects you are driving under the influence of drugs or alcohol. The officer will stop your car by pulling you over or speaking with you at a DUI checkpoint.
Understanding DUI Roadblocks
It is essential that you understand the rules surrounding roadblocks in Milton if you are arrested for a DUI. According to Georgia law, DUI roadblocks must be set up to meet specific guidelines. First of all, the roadblock must have been previously announced to the public. Additionally, vehicle checks must be performed randomly. Because these guidelines are so particular, there are plenty of ways in which police officers may have violated your rights during the stop.
If you were arrested for a DUI based on a stop at a roadblock in Georgia, it is essential that you choose a Milton DUI lawyer with plenty of experience and knowledge in this arena. Along with his team, Jim Yeargan will evaluate your case with every intention of figuring out what occurred during the roadblock arrest. This helps your team determine how the charges against you can be dropped.
Understanding Being Pulled Over for a DUI
If you have been pulled over because a police officer was suspicious of your driving, it could be that you were perceived as driving erratically. Running a stop sign or weaving in and out of the lanes can tip off an officer that something is wrong.
It is possible that you discover that your arresting officer does not have a valid reason for pulling you over in the first place. If this is the case, your DUI case could be dismissed. Finding this information is just part of the role of a good Milton DUI lawyer.
If you have been pulled over with probable cause, the police officer has the right to test you for intoxication. The officer may be able to check for sobriety if he or she smells alcohol in the car or on you breath, or if there are empty containers sitting in view. In a case like this, you may be asked to take a field sobriety test, often referred to as a BAC test. If the officer believes that you have failed the test, they may choose to arrest you for a DUI.
If you have been arrested for driving under the influence in Georgia, you will be permitted to call somebody during processing. You can call Jim Yeargan from jail so that we can begin working on your case immediately. The sooner, the better. We are here to protect your rights, starting from the moment you have been arrested.
How Does Field Sobriety Testing Work?
In Milton, a police officer may choose to test you for sobriety if they believe you may have been driving while intoxicated or under the influence. This is how the officer will determine if they will arrest your or not. It is always a good idea to understand how the field sobriety tests work so that you better understand how to react.
It is true that field sobriety tests may differ from case to case, but they generally consist of physical activities that allow the officer to examine your balance, control of motor skills, and dexterity. Drivers who are under the influence of drugs and alcohol are likely to fail the tests.
It is likely that you have even seen some field sobriety testing on television or in the movies. The tests include being asked to walk in a perfectly straight line, heel to toe. The officer may also ask you to recite the alphabet forward and backward as well as follow the officer’s finger without moving your head.
Field sobriety tests are generally the first step a suspicious police officer takes if he or she suspects you of driving under the influence. If you do fail the test, it is likely that the officer will ask you to submit to a handheld portable breath test (PBT).
Typically, police vehicles in the Milton, GA, area have dash cams that allow them to record each traffic stop. This is good for the safety of both the officers and the public. Footage obtained from this dash camera can be used in court. In fact, this footage may be used to determine if you passed or failed the field sobriety test.
Fortunately for you, this video footage may also be able to determine whether or not the officer performed the tests accurately. DUI defense attorneys like Jim Yeargan understand exactly how these tests work, and they can tell when administration was not correct.
If you choose to hire Jim Yeargan and his team of DUI defense lawyers, they will examine every bit of footage related to your DUI arrest. Your Milton DUI lawyer will determine if the tests were performed correctly and fairly before you were taken in and charged.
What Should You Know about Blood and Breath Tests?
Some Milton police officers perform field tests to check for your sobriety, but there are also chemical tests that provide a more accurate representation of your sobriety. These tests help officers determine the amount of alcohol in your body. Officers use blood and breath tests to try to prove this in court.
The blood alcohol concentration (BAC) test is often used in court as evidence against those being charged with DUIs. The BAC test can be difficult to fight, as this chemical test is one of the most accurate pieces of evidence. It is possible to refuse to take a BAC test; however, Georgia drivers give implied consent when they are behind the wheel. This means that you are required to consent to the BAC test when you use your driver’s license. Refusing to take the test upon request means that you will lose your license.
Georgia’s limit for DUI is a BAC over 0.08 percent for drivers over the age of 21. For drivers under the age of 21, legal intoxication requires a BAC of 0.02 percent or higher.
Multiple DUI Offenses in Milton, GA
Law enforcement officers in Milton are encouraged to look for drivers who may be under the influence of substances like drugs and alcohol. They are also encouraged to make arrests when a DUI is suspected. The priority of these cases is high, meaning that even a first-time offender can face severe consequences.
First-Time DUI Offense
First-time DUI convictions in Milton may lead to fines of about $1,000. If you are convicted of your first DUI, you may also spend up to one year in jail and face driver’s license suspension for an additional year. Mandatory community service hours, driver’s education courses, and other classes are also common requirements.
A first DUI offense is no excuse to procrastinate in creating a defense. The requirements are strict if you are convicted. This makes it all the more important for you to find a Milton DUI lawyer like Jim Yeargan who will defend you from day one.
Second-Time DUI Offense
The penalties for first-time DUI offenses are harsh, and they only get more strict with additional offenses on your record. If you are arrested for a DUI for a second time, you face more jail time, larger financial penalties, longer hours of community service, and loss of driving privileges. In fact, you could lose your driver’s license for up to three years following a second offense. In some cases, the court may order that your car be fitted with an ignition interlock device when you are allowed to drive again.
Jim Yeargan and his team of experienced lawyers can protect you if you are facing a second DUI conviction in Milton. For a free consultation, call the office any time.
Third-Time DUI Offense
If you are facing a third DUI conviction in Milton, GA, you face severe consequences. Increased jail time, probation, community service hours, and driver’s license suspension are all possible consequences. In fact, you may be ineligible to drive for five years. The fines could amount to $5,000 in addition to court fees. What’s worse is that you could be facing a felony on your third offense.
If you have a felony DUI on your record, the long-term repercussions can be devastating. That DUI charge on your record will influence your credit report, possibly even affecting your ability to get a new job or attend a new school. This is not something that easily goes away.
You should always take a third DUI conviction seriously, no matter where in Georgia you live. Your Milton DUI lawyer, Jim Yeargan , is there to help you 24/7. Jim Yeargan and his time are just as concerned with fighting for your future as you are.
How Does the DUI Court Process Work in Milton?
You likely have plenty of questions about what to expect when you are facing a DUI charge. In Milton, Jim Yeargan works hard to ensure that you are protected from the first day to the last. Before you face the courts, it is essential that you begin educating yourself on the legal process in Georgia.
In Milton, misdemeanor and traffic offenses will go through the Milton Municipal court. This means that if you are arrested for a DUI in the town of Milton, your case will go through the Milton Municipal Court.
Upon being arrested for a DUI, you will be given a document that acts as your citation. On the paper, you will find the date for your arraignment in court. At the Milton Municipal Court, arraignments are held on Mondays at 1:30 p.m.
Arraignments in Milton are held based on the order in which people arrive, so it is important to show up early. The arraignment takes place in front of a judge, who will ask if you wish to hire an attorney. You will also hear your your rights and possible plea options read aloud.
For a DUI, you may plead guilty if you wish to admit that you are legally responsible for committing the crime with which you were charged. You may plead not guilty if you wish to deny that you committed the crime you are charged with. You also have the option of pleading ‘no contest,’ also known as nolo contendre. With this charge, you do not confirm or deny guilt.
Pleading guilty to a DUI charge during the arraignment means that the judge sentences you on the spot. On the other hand, pleading not guilty means you will be given a date to return to court for your trial. Trials in Milton are held once a month, on Fridays at 9 a.m.
You must show up to both your arraignment and your trial. If you miss a court date, you will be charged with another crime, Failure to Appear. This also means that your driver’s license will be suspended. In order to clear this up, you will be required to submit documents within 28 days.
In addition to facing Failure to Appear, there are other consequences associated with missing your DUI court dates in Milton. The judge may opt to issue a bench warrant, meaning you could be arrested. At that point, you will be required to pay your bond (in cash) and receive a new court date. If you fail to appear at your second court date, your case is ruled — and it will not be in your favor.
The Benefits of Hiring a Milton DUI Lawyer from Yeargan & Kert, LLC
As this overview demonstrates, you need a Milton DUI lawyer who can handle your complex case in court. Even people who have faced DUI before do not always know what they are fighting against. The only way to ensure that your rights are entirely protected is to call a Milton DUI lawyer right away.
If you want to sit down and talk with a Milton DUI lawyer, call the offices of Jim Yeargan immediately. You can receive a free consultation with somebody who is an authority in the area of DUI law. You are in guiding, flexible hands that will eliminate that tension and anxiety.
If you want to defend yourself properly in a Milton DUI case, you need an attorney who has access to more than just knowledge. You need a Milton DUI lawyer who has access to important records and evidence. Your attorney will speak to the arresting agency, like the Milton Police Department or Georgia State Patrol, to obtain such information. This may include audio recordings, videos, and paper documents. Based on this information, your attorney will make a choice about the best way to defend you in the courtroom.
Along with the help of incident reports and recordings, your Milton DUI lawyer will assess all the facts about your case by talking to you. This discovery process is essential, and the prosecution is required to share all information that will help them prepare your case effectively.
Poring over these documents is important. It is through the prosecutor’s evidence that your Milton DUI lawyer will determine whether or not the arresting officer following the proper procedures. Your lawyer will also determine that your rights were or were not violated during your interactions. Understanding all the nuances of the Milton court system may be difficult for most, but a lawyer is familiar with all the laws.
DUI Lawyers Can Help You with Plea Deals
Oftentimes, your DUI lawyer will be able to arrange a deal so that you do not necessarily have to face a trial. Your lawyer will take a look at all the evidence available before meeting with the prosecutor. During this meeting, your DUI attorney tries to make a bargain on your behalf.
A plea bargain often means that your sentence is severely reduced if you choose to plead guilty in exchange. This is more likely the case if you have some sort of mitigating circumstances to offer, or if your criminal record is otherwise clear. This is why a plea bargain is much more likely for an individual who is facing a DUI offense for the first time.
Plea bargains typically include some punishment, but they often entail a financial fine or some hours of community service. Your Milton DUI lawyer will make every attempt to find the best outcome for you following an unfortunate situation.
If you are not a repeat offender and have never been in trouble with the law in the past, the individual prosecuting your case may determine that your case simply is not worth the time and tying up of the courts. The cost of a trial is high, and many prosecutors are willing to work with DUI attorneys. This can make all the difference for your situation, especially if you hire a Milton DUI lawyer who is familiar with the Milton court systems and the individuals who have close connections with it.
With Jim Yeargan ‘s years of experience working as a prosecutor and playing a role in a variety of DUI cases, he understands how to work with the courts to find the best deal for you. In fact, he has taken the time to negotiate hundreds of plea bargains effectively. When a situation arises, you have a teammate on your side.
In some cases, the prosecutor may fail to budge. As disappointing as this can be, you still have the opportunity to stand trial. You may be in front of a judge or judge and jury, but the opportunity to make your case still stands.
Understanding The Pretrial Diversion Program
In certain instances a Milton, GA case may qualify for the Milton 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.
DUI Is More than a Criminal Case — It’s Also an Administrative Case
When facing the Milton Municipal Court, you are facing much more than a criminal case. You must also see it as an administrative case alongside it. If you agreed to take the breathalyzer test and you blew above the state limit of 0.08 percent or you refused to take the test, the case will determine whether or not you are eligible to drive for the next year.
If you choose to file an appeal in administrative court, you must do so within 30 calendar days of your DUI arrest. A successful filing means that you will attend an administrative hearing at the Milton Municipal Court.
An administrative hearing is typically brief and straight to the point. The hearing will determine whether the arresting officer had the right to test your sobriety as well as whether or not you had been informed of your rights upon arrest. Additionally, the hearing will determine whether or not you received a fair sobriety test and BAC test.
Administrative hearings are technically separate from criminal court cases for DUIs; however, they can influence each other. This is why it is essential that you come to the table with guidance and solid advice from a Milton DUI lawyer.
When you are facing a DUI court case, your future is at stake. This is why you cannot underestimate how important excellent representation is. You need a Milton DUI lawyer, like Jim Yeargan , with strength and experience to work relentlessly to protect your rights.
Other Things You Need to Know about DUIs in Milton
Several different types of situations may arise in your fight against a DUI conviction. Mitigating circumstances may influence your lawyer’s approach to a DUI in Milton. If you find yourself in any of these situations, you can feel confident knowing that Jim Yeargan will be able to navigate the waters smoothly.
If You Are a Milton Driver Under 21
If you are under the age of 21, drinking alcohol is illegal in Milton, GA. This means that drinking alcohol and then driving while under its influence has severe penalties and complex punishments.
If you are found to be driving under the influence of alcohol under the age of 21, you simply need a BAC level of 0.02 percent or higher to be charged. The main difference between a DUI for underage drivers and those over the age of majority is that minors are not allowed to obtain a driver’s license permit to get to work or school. There may be other stipulations based on the court’s decisions as well.
With years of experience defending his underage clients, Jim Yeargan is there to help. If you are under the age of 21 and are being charged with a DUI, our offices will examine your case immediately.
If You Are Facing DUI Child Endangerment Charges in Milton
If you are arrested for a DUI in Milton, GA, with a child under the age of 14 in your car, you may face a child endangerment charge as well. This is not something to take lightly, as child endangerment charges come with severe penalties. You could lose custody of your child, pay hefty fines, and have the charge on your record.
If you are charged with child endangerment as a result of a DUI, you need to take it seriously. Jim Yeargan deals with cases like this every day, ensuring that you and your child are protected.
If Your DUI Includes Drug Charges
If you are pulled over for a DUI in Milton, it may not be that you are charged with drinking and driving. It could be that the officer suspected you were under the influence of drugs, including marijuana or prescription medications. This is not an uncommon situation.
Many people are surprised to learn that you can be arrested for a DUI, even if the drugs consumed were legally prescribed to you. This means that prescription pain killers and even sleep medications can contribute to a DUI charge, as these medications do influence your driving. In fact, you may see warning labels on these medications that warn against driving with these medications as a result of side effects that include drowsiness and dizziness.
Here’s something to remember: there are no legal limits or definitions assigned to intoxication via drugs. There is no way to take a breathalyzer or blood test to see a percentage of intoxication. For this reason, you need a skilled Milton DUI lawyer to build your defense and fight back against these DUI charges.
If you are looking for an attorney who has experience with DUI drug arrests, you can rely on Jim Yeargan . He understands the best way to navigate the court systems in Milton, ultimately protecting your rights. You need to be able to move on in life following these charges, and getting in touch with Jim Yeargan ‘s offices 24/7/365 will help you make the best decisions for your future.
If Your DUI Charges Include Marijuana Possession
It is always a good idea for Milton drivers to understand the laws regarding drug possession and marijuana DUIs. As with any other type of DUI charge, a police officer must have a reason to pull you over to begin with. This means that the officer must see something like erratic behavior or failure to stop at a DUI checkpoint.
Upon pulling you over, the officer may come under the impression that you either possess or are currently under the influence of marijuana. This impression could be based on the smell of your car or person. In some cases, the officer can see marijuana in the car. With these factors, you may be charged with a drug-related offense, including DUI.
In Georgia, if you have more than one ounce of marijuana in your car or on your person, you may face severe consequences. In fact, you could lose your driver’s license for up to one year.
Any charges related to drugs or driving under the influence is serious, requiring the help of an experienced team of lawyers. Call Jim Yeargan ‘s office today for a consultation with somebody who cares about your situation and wants to help. You have more options than you realize.
If You Are Being Charged with Vehicular Homicide
If you were involved in a car accident that resulted in the death of an individual, you may be up against serious criminal charges, including vehicular homicide. You may have a devastating consequence on your hand if you fail to secure representation, and you need a skilled Milton DUI lawyer on the case immediately.
If you are in a car accident in Milton, you may be tested for your blood alcohol content level. If drugs or alcohol played a role in the accident, a driver may be charged with vehicular homicide, a felony.
If you find yourself in a situation where this is the case, you need an attorney now. Call the offices of Jim Yeargan right away, no delaying. You need to protect your future. The best way to do that is to hire a skilled, experienced attorney who is ready to fight for you.
You absolutely must act now. We are ready to help you fight your Milton DUI.
Contact us immediately, any time. We are ready to take your calls 24 hours a day, 365 days a year. You cannot afford to wait.
Milton 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 Milton 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.