If you have been arrested for driving under the influence of alcohol or drugs (DUI), you may feel like your future is in jeopardy. You are right to be worried. Driving under the influence is a serious crime with major consequences in the state of Georgia. Even for a first offense, you can face expensive fines, jail time, or both.
You’re in a tough situation, but you don’t have to face it alone. A Roswell DUI defense lawyer can help you understand the law and fight for your civil rights. We’re here to help you achieve an outcome that puts your charges behind you and lets you move on with your life.
Since 2001, our Roswell criminal defense lawyers at Speights Law have advocated for the rights of Georgia residents accused of DUI and other offenses. Contact us today for a
consultation and to learn how we can help.
Do You Need a Roswell DUI Defense Lawyer?
Whenever you are accused of a serious crime, it might feel pointless to fight it, especially if you have engaged in activities that make it tough to contest your charges. Even so, it is always smart to consult with an attorney who may understand aspects of your case that you missed.
Our Roswell DUI defense attorneys have years of experience. We know the law, and we know your rights. While every case is unique, some of the ways we may be able to help you include:
Review the Evidence
We can investigate the evidence the police collected against you and the legality of the arrest to determine the strength of the prosecution’s case. Based on this information, we can suggest different options for handling your charges.
Contest Your Charges
We may suggest that you contest your charges if we believe we can show that evidence is lacking, the arresting officer violated your rights, or procedure was not followed. This may result in an acquittal or the prosecution dropping your charges.
Petition for Reduced Charges
We may negotiate with the prosecution for lesser charges. For example, you may plead guilty to a reckless driving charge instead of a DUI, which is reckless driving involving alcohol. While wet reckless driving still has penalties, they are less severe than those for DUI.
Argue for Lesser Penalties
If you are convicted of DUI, we can argue for lighter fines and alternatives to prison, such as community service, house arrest, or probation. This is often most effective for first-time offenders with otherwise clean criminal records.
Appeal a Conviction
If you are convicted, we can help you identify the potential for a successful appeal and guide you through the process. For example, there may have been errors in the legal proceedings that you believe led to your convictions.
Defend Your Civil Rights
Perhaps your attorney’s most important job is to make sure you are treated fairly throughout the legal process. The burden of proof is on the prosecution, and you are innocent until they can prove you guilty. We’ll make sure they remember that.
How Does the Prosecution Prove a DUI Charge?
When you are stopped, a police officer will use various techniques to evaluate your condition and determine if they believe you are intoxicated. This may include:
- Visual determinations of your behavior and driving
- Noting the smell of alcohol on your breath or in the car
- Administering a field sobriety test
- Administering a blood alcohol test
In Georgia, a driver over the age of 21 must have a blood alcohol concentration (BAC) of 0.08% to be considered over the legal limit. However, in cases where you’ve driven dangerously, police may arrest you for DUI Less Safe even if you do not meet the BAC standards.
A DUI arrest does not necessarily mean a conviction. A skilled attorney may find ways to challenge the evidence collected by the police and prove that you were not in violation of DUI laws.
What Happens When You Are Arrested for DUI in Georgia?
The consequences of a DUI begin even before you are convicted. It is important to understand the procedures following your arrest and your rights. Contact a DUI defense lawyer in Roswell as soon as possible after your arrest so we can help you through the process.
In Georgia, DUI penalties become more severe with each additional offense.
License Suspension
Immediately after your arrest, the process of suspending your license will begin. First offenders face a one-year suspension, though you may apply for a temporary permit, depending on the situration. You may also take steps toward early reinstatement in some circumstances.
A second offense can result in a three-year license suspension, and a third offense may result in a five–year license revocation. Note that the five-year penalty is a revocation of your license, not a suspension. This is because your status has been elevated to habitual offender.
You must request a hearing within 30 days of your arrest if you wish to contest your license suspension. A DUI attorney can help you with the proceedings.
Additional Penalties
DUI offenders in Georgia face a range of additional penalties, depending on the severity of their offense and whether they have prior DUI convictions. For a first-time offender, this could mean:
- A fine of up to $1,0000
- 12 months in jail
- Community service
- Probation
- Mandatory installation of an ignition interlock device
- DUI education classes
The assistance of a skilled attorney can help you understand Georgia’s DUI laws and possibly reduce your sentencing.
Get Help From a Roswell DUI Defense Attorney
A DUI conviction can change your life. Even a first offense comes with major consequences, and with subsequent convictions, penalties only become more severe. If you are arrested for driving under the influence, it can feel like a hopeless situation.
Don’t try to take on the criminal justice system alone. When you work with a Roswell DUI defense attorney, you have an ally who can help you fight for the best possible result in your case. We are here for you when you need us.
Our team at Speights Law has over 122 years of combined experience defending people accused of criminal offenses in Georgia. We will stand up for your rights when you need us the most. Contact us for a case evaluation and tell us what happened.
