The moment you’re arrested for a DUI, questions start racing through your mind—what happens next, and how can you protect yourself? A driving under the influence (DUI) conviction can affect your job, finances, and freedom.
One thing you can do now is secure legal representation to protect your future. At Speights Law, our Canton DUI defense lawyers will challenge the prosecution’s case and work for your best outcome. As a Canton criminal defense lawyer team with over 120 years of combined experience, we know what’s at stake in DUI cases.
Our former prosecutors and seasoned trial attorneys know how the state builds its case—and how to dismantle it. We will take the time to listen to your concerns and explain your legal options. If you’re facing DUI charges, contact us today for a free consultation.
What Constitutes a DUI Offense in Georgia?
Under Ga. Code § 40-6-391, Georgia law defines DUI as operating a motor vehicle while:
- Under the influence of alcohol or drugs to the extent that it impairs driving.
- Having a blood alcohol concentration (BAC) of:
- 0.08% or higher for drivers over age 21
- 0.04% or higher for commercial drivers
- 0.02% or higher for drivers under age 21
Even if your BAC is below the legal limit, law enforcement can still charge you with DUI if they believe alcohol or drugs have impaired your ability to drive safely.
Examples of DUI Charges
In Georgia, DUI charges encompass various situations beyond just exceeding the BAC limit. Understanding the various DUI offenses is important, as each carries specific legal implications and penalties. Common offenses include:
- Per se DUI: Driving with a BAC at or above the legal limit (0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21)
- Less safe DUI: Driving while impaired by alcohol or drugs, even if BAC is below the limit
- Drug–related DUI: Driving under the influence of prescription medications or illegal drugs
- DUI with child endangerment: A DUI charge when a child under 14 is in the vehicle
- Felony DUI: A fourth DUI conviction within 10 years results in a felony charge
Penalties for a DUI Conviction in Georgia
Georgia imposes strict penalties for DUI convictions, which increase in severity with prior offenses, BAC levels, and other factors.
- First offense: Up to 12 months in jail, $300–$1,000 in fines, license suspension (up to one year), and mandatory community service
- Second offense (within 10 years): 72 hours to 12 months in jail, $600–$1,000 in fines, up to three-year license suspension, and mandatory treatment
- Third offense (within 10 years): 15 days to 12 months in jail, $1,000–$5,000 in fines, five-year license revocation, and habitual violator status
- Felony DUI or aggravating factors: Potential prison time, permanent license revocation, and vehicle forfeiture
Each case is unique, and penalties can vary based on circumstances. Our experienced DUI defense lawyer can help fight for reduced charges or alternative sentencing.
How Our Canton DUI Defense Attorneys Can Help Your Case
A DUI charge does not mean an automatic conviction. Our defense attorneys at Speights Law analyze every aspect of your case to identify weaknesses in the prosecution’s argument and develop a strong defense strategy.
When we represent you, we will:
- Review how your arrest occurred: We review police procedures to determine if your rights were violated.
- Challenge field sobriety and breathalyzer tests: Testing devices can be inaccurate, and officers sometimes fail to administer tests correctly.
- Fight license suspensions: We help clients request and navigate ALS (Administrative License Suspension) hearings.
- Negotiate for reduced charges: In some cases, we can push for reckless driving or alternative sentencing instead of a DUI conviction.
- Prepare a strong court defense: If necessary, we take cases to trial and aggressively fight for your best outcome.
- File appeals: If you were unfairly convicted, we could look into appealing a criminal conviction in Georgia on your behalf.
We will work to shield you from the harshest outcomes of a DUI charge on your life and future. Call us today to discuss your situation during a free consultation.
When Should You Hire a DUI Defense Lawyer?
If you are facing a DUI charge in Canton, GA, the best time to contact a lawyer is immediately—whether you’ve been arrested, are under investigation, or have been asked to speak with law enforcement. Waiting too long can put your case at a disadvantage.
You don’t have to face formal charges to seek legal counsel. If you were pulled over and suspect you may be accused of DUI, consulting an attorney as soon as possible can help you protect your rights.
Our DUI offense attorneys can intervene early by:
- Preventing self-incriminating statements during questioning
- Representing you in administrative proceedings related to license suspension
- Advising you on the best legal strategy before charges are filed
What to Expect When Working With Our DUI Defense Lawyers
When you hire a DUI defense lawyer from Speights Law, you can expect:
- A full case review: We will listen to your side of the story and analyze all evidence.
- Regular updates: Our team will keep you informed about court dates, legal options, and case progress.
- Aggressive defense: We will challenge weak prosecution arguments and fight for case dismissals or reduced charges.
- Personalized legal guidance: Every case is unique, so we will tailor our approach to your specific situation.
Potential Defenses in a DUI Case
Several legal defenses may apply to your case, depending on the circumstances of your arrest. Common DUI defenses include:
- Lack of probable cause: Law enforcement must have a valid reason to stop your vehicle. If the stop was unlawful, the evidence authorities collected during the stop may be inadmissible.
- Inaccurate breath or blood test results: Testing devices can be faulty, improperly calibrated, or incorrectly administered, leading to false BAC readings.
- Improper field sobriety tests: Officers must conduct these tests according to strict guidelines. If they failed to follow procedures, the results may not be reliable.
- Violation of your rights: If law enforcement failed to read your Miranda rights or conducted an unlawful search, your case could be challenged.
- Medical conditions or other factors: Certain medical conditions, diets, or even mouthwash can cause misleading BAC results.
Every DUI case is unique, and a strong defense strategy depends on the details of your arrest. We will thoroughly examine the facts and build the best possible defense on your behalf.
Preparing for Your Canton DUI Case: Tips for Defendants
If you’re facing DUI charges, you can take the following steps to strengthen your defense:
- Avoid discussing your case: Anything you say to police or others could be used against you. It’s important to discuss your case only with your lawyer to protect your rights and ensure confidential details are handled properly.
- Document everything: Write down details of your arrest, including any field sobriety tests or police statements.
- Request a copy of your police report: We can use this to identify errors or inconsistencies.
- Follow legal deadlines: DUI cases have strict deadlines, especially for requesting an ALS hearing to keep your license.
- Comply with court orders: Failing to meet court requirements can harm your defense.
The sooner you hire our DUI defense lawyer team in Canton, the better your chances of fighting the charges.
Our Canton DUI Defense Lawyers Are Ready to Lead Your Case
A DUI charge can threaten your freedom, finances, and future. At Speights Law, we are dedicated to protecting your rights and fighting for the best possible outcome in your case.
With former prosecutors and experienced trial lawyers on our team, we understand DUI cases from every angle and will develop a defense that addresses your case’s needs.
Don’t wait to get legal help for your situation. Contact our Canton DUI defense lawyers today for a free, private consultation. We will be there for you throughout this challenging time and fight for your future.
