DUI Defense Attorney in Roswell, Georgia
Roswell DUI Lawyer
Top-ranked Roswell DUI lawyer Jim Yeargan puts his experience to work when he defends you in court. For nearly 15 years, he has worked tirelessly to support, defend, and win cases for his DUI clients. If you’re in need of a Roswell DUI lawyer for a DUI case in Roswell, Georgia, or the surrounding area, let Jim Yeargan and his dedicated office staff assist you. We work with clients in all of North Fulton County.
Remember when it comes to defending your rights during a court case, taking action on your own behalf is crucial. Reaching out to Jim Yeargan is a key first step in the process. Our office is here for you, ready to provide support, assistance, and advice 24/7, 365.
Why Look for a Lawyer Who Specializes in DUI?
In some court cases, the type of lawyer you have is less important. In a DUI case, however, the charges against you are serious, and the repercussions can be life-altering. That’s why it’s important to put your rights and your future into the hands of a Roswell DUI lawyer who knows the details of how DUI cases function in Roswell.
In this regard, there’s no better choice than Jim Yeargan . Mr. Yeargan spent many years earlier in his career as a prosecutor in the very DUI courts where he now defends his clients. This means that he knows better than anyone how the system functions. He is also personally familiar with the prosecuting attorneys and judges who will be hearing your case. He is prepared to use his knowledge and skill to fight for you along the way.
Jim Yeargan handles DUI cases, and only DUI cases, making him a talented and experienced specialist in the field.
The 30-Day DUI Warning in Roswell GA
In Roswell, GA, anyone arrested for a DUI offense must act within 30 days to protect his or her right to drive. This means that the person in question must reach out to a Roswell DUI lawyer immediately after the incident, so that the lawyer can file a legal request for what is known in Roswell as an Administrative License (ALS) Hearing.
If you are arrested for DUI and you do not act quickly and file for an ALS Hearing within the 30-day window, your Georgia driver’s license will be automatically suspended for a period of up to one year. Quick action is important!
Contact the offices of Jim Yeargan immediately upon your DUI arrest. We’ll help by filing the necessary ALS letter for you right away to get the ball rolling, and avoid an unnecessary suspension of your license. We’re here to take your call and start work on your case any hour of the day or night, any day of the year.
Repercussions of a Roswell DUI
The consequences of a DUI arrest in Georgia can go far beyond a suspended license. Conviction of DUI can mean losing your license permanently, along with large financial fines combined with penalties like jail time. The long-term effects of a DUI conviction on your driving record can be devastating, costing you anything from affordable insurance rates to future job opportunities. The social stigma can also have a drastic impact on your life.
There is Help Available
The first thing to know if you’re arrested for DUI in Roswell is that you’re not alone, and there is help available. Don’t let the anxiety get the best of you. Act quickly and rationally by putting your case into the hands of a skilled Roswell DUI lawyer with a qualified background in the very type of case you’re now facing.
Jim Yeargan : Proven Successful Roswell DUI Defense
Jim Yeargan has handled over 5,000 cases in the state of Georgia, and has a long list of satisfied reviews online at Yelp, AVVO, and elsewhere. His law offices can be reached 24 hours a day, 7 days a week, 365 days a year. There’s no reason not to contact him as soon as your arrest takes place. Why handle the stress alone?
Roswell GA DUI? You Have Options.
It’s a common misconception that someone arrested for DUI must plead guilty in court. With a skilled defense Roswell DUI lawyer who can examine all the nuances of your individual case, you may very well find that you’re spared having to put your future on the line in this manner. You have the absolute right to challenge the procedures that were used during your arrest, the cause for which you were arrested, and the evidence being used against you. But you can’t do it alone. A skilled Roswell DUI lawyer can help you process the situation at hand and approach it from the most rational angle while protecting your every possible right.
Remember: being arrested for DUI does not automatically mean you are guilty of DUI!
Have a Roswell DUI Lawyer On Your Side
Experienced Roswell DUI lawyer Jim Yeargan knows how DUI law works in Georgia. He can help guide you through the system while protecting your rights and minimizing the long-term impact of the case on your life. Since DUI law can be complex, it’s important to have attorneys with experience in the local courts. Jim Yeargan has nearly 15 years of law practice under his belt, and is no stranger to defending DUI cases.
How a DUI Arrest Works in Roswell GA
If a police officer in Roswell, GA suspects you of DUI, he or she must stop your vehicle, either via a checkpoint or by pulling you over while on the road.
If you’re arrested for DUI at a roadblock in Roswell, GA it’s important to know the basics about how such operations work. By law, such DUI roadblocks must be set up by law enforcement to follow particular guidelines. For example, the roadblock must be pre-approved in a specific method beforehand, and it must also involve vehicle checks that are done completely at random. There are a variety of ways in which your rights can be violated during a roadblock stop.
If your DUI arrest came as the result of a roadblock, it’s imperative to speak to a skilled Roswell DUI lawyer with experience in the field. Jim Yeargan and his team will help you evaluate what took place during your roadblock arrest and determine whether or not anything about the event could result in the dismissal of the charges against you.
Pulled Over for DUI
If the officer who stopped you does not record and present a valid reason for the initial stop, your DUI arrest may be dismissed in court. This is just one defense which a skilled Roswell DUI lawyer will help you explore.
Once a traffic stop takes place, the officer is allowed to check you for sobriety if he or she has reason to suspect you are intoxicated. For example, the officer might smell alcohol on you, in your car, or he or she may see empty containers in the car. At this point, the officer may have you take a field sobriety test, or a BAC test. If you do not pass whatever test is administered, you are eligible for a DUI arrest.
If you are arrested for a DUI, you will be allowed to make phone calls during the time in which you’re being processed for jail. If necessary, make your call to the officers of Jim Yeargan , so we can start working to help you sooner rather than later. We’re ready to protect your rights and provide you the help you need 24/7/365.
Field Sobriety Testing for DUIs
In Roswell, GA after a driver is stopped by a police officer that officer may test the driver if he or she suspects the driver is under the influence of alcohol or other substances. Field sobriety tests are one way the officer can determine this. If you’re ever in the situation of being pulled over for suspected DUI, it’s good to know what such tests entail.
Field sobriety tests vary in their details, but in general they are physical tests officers have suspected drivers perform that demonstrate things such as dexterity, balance, and motor control. The idea is that a driver under the influence of a substance will fail such tests and thus provide further evidence that DUI may be a concern.
You’ve probably seen some of the more common field sobriety tests on TV shows or in movies. For example, an officer may ask you to walk a straight line on the pavement while touching the heel of one foot to the toes of another. You may be asked to recite the alphabet, touch your nose with a finger, or follow the officer’s finger with your eyes without moving your head.
Field sobriety tests are typically done as a first step when a DUI is suspected by an officer. If you fail the field sobriety test, the officer will ask you to submit to a handheld portable breath test (PBT).
Most police vehicles in Roswell, GA are equipped with on-dash camera systems, which automatically record all traffic stops for the safety of both the public and the officers. Thus, your field sobriety test is likely being filmed, and the footage can be used in court to demonstrate whether or not you performed the test successfully.
With that said, field sobriety tests are not always accurate or correctly performed. The DUI defense attorneys at the offices of Jim Yeargan have experience with these tests and are familiar with the details of correct administration, and interpretation of the results.
When you hire Jim Yeargan and his team as your defense attorneys for a DUI arrest, they’ll be sure to examine any footage connected with your traffic stop and sobriety testing, determine whether or not the tests performed were fair, and whether your rights were protected.
Blood and Breath Tests: What to Expect and Know
While some police officers in Roswell, GA will perform sobriety checks via field tests, like having you walk a straight line or recite the alphabet, the most accurate way to check a driver for intoxication is by use of a chemical test. These tests are designed to determine the content of alcohol within the human body. The two most common types of chemical tests available for this purpose: blood and breath tests.
A blood alcohol concentration test, also known as a BAC test, is strong evidence against you in court. In the state of Georgia, a driver is considered to be driving under the influence if he or she has a blood alcohol content over 0.08% if he or she is over the age of 21. Drivers under 21 are considered legally intoxicated if their BAC measures at 0.02% or higher.
A driver who is pulled over due to suspected DUI has the option to refuse to take a BAC test. However, it is very important to note that Georgia has what is called the implied consent law. This means that, by accepting and using a driver’s license from the State of Georgia, you are implying that you automatically give consent for a BAC test any time you are asked for one by law enforcement. Thus, refusal to take the BAC test when requested by an officer may result in the loss of your driver’s license.
Multiple Roswell GA DUI Offenses
In Roswell, Georgia law enforcement officers are on the look-out for drivers under the influence, and they are encouraged to make DUI arrests when an offense is suspected. Because DUI cases hold a high priority within the Georgia court system, penalties for even first-time DUI offenders can be severe.
1st DUI Offense
A first-time DUI arrest and conviction can result in up to $1000 in fines, up to a year in jail, and suspension of your driver’s license for up to one year. It may also lead to mandatory community service hours, drivers’ education courses, and much more.
If you’ve been arrested for a DUI, and it’s your first offense, it’s no time to procrastinate. Get the right Roswell DUI lawyer on your side by contacting the offices of Jim Yeargan immediately.
2nd DUI Offense
Since penalties are so strict for first-time offenders, you can no doubt imagine what happens if you are arrested for a Roswell DUI more than one time. A second DUI arrest in Roswell can lead to increased jail time, financial penalties, community service, and loss of your license and driving privileges for up to three years. Some convicted DUI offenders may be required to have ignition interlock devices installed in their vehicles when they are eventually allowed to drive again.
Jim Yeargan and his experienced team of DUI defense attorneys can help protect you if you’re facing a second DUI offense in Georgia. Contact his office 24/7/365 for a free consultation.
3rd DUI Offense
Three DUI arrests in Roswell, GA can lead to some extremely serious consequences for the offender. Jail time, probation, community service, and suspension of your driver’s license for up to five years can be mandated. You may also be forced to pay fines up to and including $5000 plus court costs. The long-term negative consequences of having a 3rd DUI on your record cannot be overstated. A 3rd DUI charge could affect your credit as well as your employment and educational opportunities for years to come.
If you’re facing a third DUI arrest in Roswell, Georgia take it very seriously. Contact a Roswell DUI lawyer who will do the same, and who will fight to help you save your future. Jim Yeargan and his dedicated staff are available to take your call anytime day or night.
How the Roswell DUI Court Process Works
If you’re facing a DUI charge in Roswell, you’re probably filled with questions and concerns about what to expect. Jim Yeargan and his team of attorneys can help keep you informed and protected along the way. In the meantime, educating yourself on the basics regarding how the case will unfold in the legal system is a crucial step to take to help preserve your own peace of mind.
In Roswell, all misdemeanor cases, local ordinance violations, and traffic offenses are filtered through what is known as the municipal court. If you are arrested for DUI by a member of the Roswell Police Department, or the Georgia State Patrol, and the arrest took place within the City of Roswell, your case will head to the Roswell Municipal Court.
After your arrest, you will be given a piece of paper known as your citation or bond; this will list, among other information, the date of your arraignment. All arraignments in Roswell take place on Mondays at either 8:30 AM or 1:00 PM.
Your arraignment takes place in front of a judge, who will ask whether you intend to hire an attorney if you have not done so already. The judge will also explain your rights, and the possible pleas you may make regarding the offenses with which you are charged:
- Guilty: You admit you are legally responsible and committed the crime with which you are charged
- Not Guilty: You deny having committed the crime in question
- Nolo Contendre/ No Contest: You neither confirm nor deny guilt, but do not contest the legal proceedings against you
If you choose to plead Guilty during your arraignment, the judge will give you a sentence. If you plead not guilty, you will be given a court date in the future. This is when your case will go to trial.
It is crucial to be present at both your arraignment hearing, and any future court dates, if you do not have a Roswell DUI lawyer. Missing your court date means that you will be charged with a Failure to Appear, which, in turn, will lead to the Georgia Department of Driver Services (DDS) suspending your driver’s license . You must resolve your case and submit documentation to DDS of having done so within 28 days after receiving a Failure to Appear notice, or the suspension will automatically go into effect.
There are other potentially serious consequences should you miss your DUI court date in Roswell. The judge in charge of your case may choose to issue a bench warrant for your arrest, which means you can be picked up and taken to jail by any law enforcement officer at any time. You will be required to pay a bond in cash to release yourself from the warrant, at which time you will receive a new court date. Failure to appear at a second court date will result in the forfeiture and closure of your case in favor of the prosecution.
How a Roswell DUI Lawyer Can Help
As you can see by the brief overview above, a DUI case in the Roswell court system can be complex and loaded with consequences for those who do not fully understand what they’re up against. Protect your rights fully and ensure that every step is performed correctly by contacting a Roswell DUI lawyer immediately upon your arrest.
Jim Yeargan can offer you a free consultation as well as guidance and authority through the proceedings so you’re in good hands even while you go through this anxiety-inducing system.
To properly prepare a defense for you in your Roswell DUI case, your attorney will most likely want to get access to any records regarding your arrest. These are obtained through the arresting agency, such as the Roswell Police Department or the Georgia State Patrol. Roswell police cars are equipped with recording equipment which keeps a record of the audio and visuals from each arrest, and your Roswell DUI lawyer can use this in your favor. He or she will examine the recordings and observe how you were driving, how interactions went between you and the arresting officer, and any field sobriety tests you may have been given at the time.
Along with technological recordings of your arrest, your Roswell DUI lawyer will also seek out copies of the police reports filed about the arrest by the officer in charge. These reports will include the officer’s write-up of the relevant information and any other facts pertaining to the case.
Access to such records and reports will be made readily available to your lawyer thanks to what is known as the discovery process, wherein the prosecutor must share information with the defense team so that they can prepare your case for trial.
A combination of written and recorded information about your arrest will allow your Roswell DUI lawyer to see whether proper protocol and procedures were followed during your arrest, whether your rights were violated at any point, and whether anything about your arrest may cause it to be legally insupportable. He or she will also know the nuances of the court system and will be able to tell you, honestly and legally, how your case will be viewed by the judge and prosecution as well as how best to proceed with your trial.
Plea Deals: Another Way a Roswell DUI Lawyer Can Assist With Your DUI Arrest
In some cases, your defense attorney may be able to arrange a plea deal for you. A plea deal takes place when the defense attorney, after having examined the information regarding the arrest, meets with the prosecutor and bargains a sentence for you. The prosecutor may be willing to offer a reduced charge based upon things like mitigating circumstances during the arrest, or your past good behavior and clean criminal record. Reduced charges are most common during first DUI offenses, when you may be able to argue that your arrest was a one-time mistake.
Typically a plea deal will still involve some level of conviction and punishment, including a fine and community service; however, a skilled Roswell DUI lawyer will work with the prosecution to settle upon the best possible outcome for all involved.
In some cases, particularly if you are not a repeat offender and you have a good past record in general, the prosecutor may be willing to reach a plea bargain with you and your lawyer simply because the case is not worth the time and cost of a trial. This is a small element that can work in your favor. Lawyers that are familiar with the prosecutorial process can use this to help you mitigate the long-term effects of your arrest upon your future life.
Jim Yeargan spent years as a prosecuting attorney in DUI cases, and he knows better than anyone how to approach the other side when this situation arises, and he’ll work diligently on your behalf. Jim Yeargan and his team have negotiated hundreds of successful plea bargains to reduced charges for DUI defense clients.
If your attorney attempts to reach a plea deal with the prosecutors but cannot do so your case will likely be scheduled for a trial, either in front of a judge or a jury. Such trials, when they are in front of a judge, take place in the Roswell Municipal Court on Tuesdays, Wednesdays, and Thursdays at 9:00 am. Jury trials will be moved to the Fulton County State Court for scheduling.
Pretrial Diversion Program: Certain Charges May Be Dismissed
In some situations, your case in Roswell may be qualified for what is known as the Roswell Municipal Court’s Pretrial Diversion Program. If you are a first-time offender, with a clean criminal background and no other issues with the law, you may be eligible for this program, which allows you to take responsibility for the charges, but avoid having them go onto your permanent record.
If you are given a chance to participate in the Pretrial Diversion Program, you will be assigned various requirements by the court, such as payment of a fee, random drug and alcohol screenings in the future, possible alcohol treatment, and six months of probation. Fulfillment of these requirements means you avoid having the charge permanently on your record, and you also avoid many of the much harsher penalties you may have otherwise faced, like jail time, and a permanent smudge on your criminal record.
Not Just a Criminal Case: Administrative Cases and What They Mean For You
In Roswell Municipal Court, the majority of DUI cases involve not only a criminal case, but also what is known as an administrative case. This takes place alongside the criminal case, and is centered on the issue of state-administered breathalyzer tests. If you took a test at the time of your arrest and had a blood alcohol concentration above the state limit of 0.08 grams percent, or if you refused to take a test at the time of your arrest, the wheels will be in motion for the state to suspend your driver’s license for a period of 12 months.
You must file an appeal in administrative court within 30 calendar days of the incident to prevent this suspension. If you file successfully, the court will schedule an administrative hearing for you, which will take place on the second Friday of the month at 9:00 am in Roswell Municipal Court.
This administrative hearing is fairly straightforward but extremely important. It will cover issues such as whether or not the arresting officer had reasonable grounds to test your BAC, whether you were correctly informed of your rights at the time of arrest, and whether the test was administered properly.
While the administrative hearing is separate from the criminal DUI case, it can and will have an impact upon it, so it’s crucial to approach both cases with the guidance and advice of a skilled Roswell DUI lawyer.
Your future may be at stake when it comes time for a DUI court case, hearing, or trial. Don’t underestimate the importance of quality guidance and assistance. Let the law offices of Jim Yeargan work tirelessly on your behalf.
DUIs in Roswell GA: Other Things to Know
There are a few other mitigating circumstances and unusual situations that can arise if you’re arrested for a DUI in Roswell, and need a Roswell DUI lawyer. Below are just a handful of scenarios that you might find yourself facing, and which you can navigate successfully with the help of a Roswell DUI lawyer like Jim Yeargan on your side.
DUI’s in Roswell for Drivers Under 21
You probably know that consuming alcohol under the age of 21 is illegal in Roswell, GA. As you can imagine, then, consuming alcohol and driving under the influence when you’re underage results in compound problems, and compound punishments.
In Roswell, a driver under 21 who is arrested for DUI will be charged specifically with an underage DUI if his or her blood alcohol content is over 0.02%. Unlike with a regular DUI charge, the person in question will not be allowed to get a special permit for driving to work or school if the charge results in the loss of their license. Further charges related to underage consumption may also apply in such cases.
Jim Yeargan has years of experience defending underage DUI clients, and he’s ready to help you. Give our offices a call 24/7 to discuss your case and your options.
DUI Child Endangerment: Laws of Roswell GA
In Roswell, GA a driver who is arrested for DUI who has a child under age 14 in the vehicle at the time will also face charges of child endangerment. This particular subset of the law can carry particularly severe and complex penalties, including possible loss of child custody, exponential financial fines, a criminal record that can impact your entire future, and enhanced license suspensions.
Being charged with child endangerment through a DUI arrest is a situation that must be taken extremely seriously, and if this happens to you, don’t waste time. Call the law offices of Jim Yeargan immediately to protect your current and future rights when it comes to your child.
Don’t Forget… DUI Includes Drugs
In Roswell, GA as in most other locations, driving under the influence isn’t only defined as driving after having consumed alcohol. Drivers impaired by drugs can be charged and convicted of a DUI crime, too, and it’s not at all uncommon.
What many people don’t know, however, is that a DUI arrest for drugs doesn’t have to mean the drugs consumed were illegal. For example, if you are given a prescription pain killer or sleep medication by your doctor which impairs your driving, and you’re pulled over, you can be charged with DUI for having consumed your legal medication. This is why medication warnings regarding drowsiness and dizziness must be taken seriously. If the police think your driving has been impaired by any substance you’ve consumed, they can arrest you for being under the influence and behind the wheel.
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 Roswell DUI lawyer to help build your defense should you find yourself charged in this manner.
Jim Yeargan is trained and experienced in the field of DUI drug arrests, and he knows how to navigate the court system in a way that protects your rights and gives you the ability to move on with your life. Contact his offices today, or anytime 24/7/365, for a free, compassionate and informative consultation.
Marijuana Possession and DUI in Roswell, GA
Along with the information above about drug-related DUI offenses, it’s also a good idea for drivers in Roswell, GA to be aware of laws regarding possession of marijuana.
Just as with a typical DUI offense, an officer must have a valid reason to stop your car to bring marijuana charges against you while on the road in Roswell. This can either be erratic driving behavior, or because you pass through a roadside checkpoint.
At the time of the stop or check, the officer may find reason to believe you are in possession of and/ or under the influence of marijuana. He or she may reach this conclusion based on the smell of the drug in the car, or on your person. If marijuana is visible in the car, that is also cause for the charge, and you can be arrested for drug-related DUI.
If, at the time of your arrest, you have under an ounce of marijuana in your possession (either on your person or in your vehicle), you may face consequences including the loss of your license for a full year.
For that matter, possession of under an ounce of marijuana in Roswell, even if you’re not behind the wheel, can affect your driver’s license: a conviction may result in up to six months of license suspension. This is a hard suspension meaning there is no limited permit available for any activity.
Such drug-related DUI charges are no joke, and they require the help of an experienced team of lawyers. Call Jim Yeargan ‘s office today to discuss your situation, and your options with a talented team of professionals.
A car accident that results in the death of another person is an extremely serious situation for all involved. If you are the driver in such an incident, the fallout can have a potentially devastating effect on your future, and it’s imperative that you have a skilled Roswell DUI lawyer handling your case.
If a car crash in Roswell results in a fatality, it is typical for everyone involved in the accident to be tested for alcohol or drugs. If it is found that alcohol or drugs played a role in causing the crash, the person under the influence may be charged with one or more felony counts of Vehicular Homicide.
If you’re facing such life-altering charges and need help, call the offices of Jim Yeargan immediately. Don’t wait. You must protect yourself and your future by putting your case in the hands of skilled, experienced lawyers ready to fight for you. You’ll find these Roswell DUI lawyers at Yeargan & Kert, LLC
Act Now. Yeargan & Kert, LLC can help you with your Roswell DUI Case:
Contact Yeargan & Kert, LLC today. Contact us anytime. We are here, ready to speak with you, 24 hours a day, 7 days a week, 365 days a year. This is no time to wait.
The Roswell 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 Roswell 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.