A DUI charge in Georgia is serious, and you might be feeling stressed, confused, and unsure about your next steps. Such a charge can put your freedom, finances, and future at risk. Our Cartersville criminal defense lawyers understand what you’re facing, and we can help.
At Speights Law, we bring 120–plus years of combined experience to defending Georgians facing DUI charges. Our team includes former prosecutors and seasoned trial attorneys who understand the state’s DUI laws and know how to fight for you.
A Cartersville DUI defense lawyer from our firm will explain your legal options and develop a strong defense strategy. Whether you are facing your first DUI charge or have prior offenses, we will aggressively pursue the best resolution for you. Contact us today for a free consultation.
What Is a DUI Under Georgia Law?
In Georgia, DUI charges are taken seriously. A person commits DUI when they operate a vehicle:
- With a blood alcohol concentration (BAC) of 0.08% or higher (per Ga. Code § 40-6-391(a)(5))
- Under the influence of alcohol or drugs to the extent that they are impaired and unable to drive safely (per O.C.G.A. § 40-6-391(a)(1))
- With any amount of illegal drugs in their system, even if they are not impaired (per O.C.G.A. § 40-6-391(a)(2))
Georgia law also enforces a lower BAC threshold for certain drivers, including:
- Commercial drivers: 0.04% BAC limit
- Drivers under 21: 0.02% BAC limit
Penalties for a DUI Conviction
A DUI conviction in Georgia carries serious consequences, with penalties increasing for repeat offenses. Even a first-time DUI can result in jail time, fines, community service, and a license suspension.
Subsequent offenses lead to harsher penalties, including longer jail sentences, higher fines, and extended license suspensions. A fourth DUI is a felony, punishable by significant prison time and permanent revocation of driving privileges.
In addition to legal penalties, a conviction can impact employment, insurance rates, and personal reputation. Additional penalties may include mandatory DUI school, substance abuse treatment, probation, or installation of an ignition interlock device (IID).
Our Cartersville DUI Criminal Defense Attorneys Will Craft Your Defense
At Speights Law, we use our deep knowledge of Georgia DUI laws to protect your rights. When we represent you, we will handle your entire case. Our attorneys will:
- Analyze the incident: We will review police reports, breathalyzer results, and other evidence to find weaknesses in the prosecution’s case.
- Challenge the traffic stop: If law enforcement did not have a legal reason to stop you, we may be able to suppress key evidence.
- Examine breath and blood tests: These tests are not always accurate. We investigate whether testing devices were properly maintained and whether testing procedures were followed correctly.
- Represent you in court: If your case goes to trial, we will aggressively advocate for your defense before a judge and jury.
- Negotiate plea deals: In some cases, reducing charges or securing alternative sentencing options can be the best outcome.
- Assist with appeals: If you were wrongfully convicted, we can help you file an appeal. We can review options to appeal a criminal conviction.
When Should You Hire a DUI Defense Lawyer in Cartersville?
You do not have to wait until formal charges are filed to contact our firm for representation. A DUI lawyer from our legal team can help at any stage of the legal process, including if you:
- Have been pulled over and questioned about possible intoxication
- Have been arrested but not yet charged
- Have been charged and need to prepare a defense
- Are facing a license suspension
- Have been convicted and want to appeal
The earlier you contact a lawyer, the better your chances of achieving a favorable result. To review your legal options, call us today for a free consultation.
Various Potential Defenses Can Be Used in DUI Cases
Our DUI defense lawyers in Cartersville will craft a defense strategy tailored to the unique circumstances of your case. Depending on the details, we may challenge the charges against you using legal strategies such as:
- Illegal traffic stop: If the police did not have probable cause to pull you over, the evidence obtained during the traffic stop may be inadmissible.
- Inaccurate breathalyzer results: Breathalyzers can give false readings due to improper calibration, maintenance issues, or operator error.
- Faulty field sobriety tests: These tests are subjective and can be affected by medical conditions, uneven road surfaces, or nervousness.
- Rising blood alcohol defense: Alcohol takes time to absorb into the bloodstream. Your BAC may have been legal while driving but higher when tested later.
- Violation of your Miranda rights: If the police failed to read your rights to you before questioning, certain statements may be inadmissible.
- Medical conditions or diet: Conditions like acid reflux, diabetes, or ketosis from low-carb diets can cause false positives on breath tests.
- Improper blood test procedures: Errors in blood sample collection, storage, or handling can lead to unreliable results.
- No proof of actual driving: If police did not see you driving, the prosecution may struggle to prove you were operating the vehicle under the influence.
- Failure to follow DUI testing protocols: Law enforcement must follow strict procedures for testing. Any mistakes can invalidate results.
A strong defense can lead to reduced charges, a case dismissal, or an acquittal at trial. We will analyze every detail of your case to fight for the best outcome.
What You Can Do to Prepare for Your Cartersville DUI Case
If you are facing DUI charges, you can take steps now to help your case:
- Write down everything: Document what happened before, during, and after your arrest, including what the police said and did.
- Gather witness statements: If anyone was with you or saw your interaction with law enforcement, their testimony could be useful.
- Avoid discussing your case: Do not post on social media or talk about your case with anyone except your lawyer.
- Attend all hearings: Missing a court date can lead to additional penalties.
- Follow legal advice: We will look out for you throughout the process and help you avoid mistakes that could hurt your case.
Get Help From Our Cartersville DUI Defense Lawyers Today
A DUI charge does not have to ruin your future or your life. At Speights Law, we understand the stress and uncertainty of facing criminal charges. Our legal team will develop a strong defense, advocate for your rights, and fight for the best result in your DUI case.
If you or a loved one has been arrested for DUI, do not wait to get legal help. Call us today for a free consultation so our team can start working for you.