If you have been arrested on driving under the influence (DUI) charges, you may feel a flood of emotions, including uncertainty about the future. One way to take action is to hire legal representation as soon as possible. Despite your DUI arrest, you have rights, and a Georgia DUI defense lawyer at Speights Law will protect them and your future.
A DUI conviction has immediate and serious consequences, including steep fines, jail or prison time, and loss of your driver’s license. Our Georgia criminal defense lawyers have extensive experience in representing clients who face DUI charges. We will work hard to seek the best outcome that allows you to move forward and put this chapter behind you.
Call us today for a confidential consultation.
Act Now if You Are Facing Charges After a Georgia DUI Arrest
Getting charged with a DUI means you must move quickly. In cases where the driver has refused to give a sample of their breath or blood, you have only 30 days from arrest to file an appeal and halt an automatic year long suspension of your driver’s license.
The sooner you reach out to our DUI criminal defense attorneys in Georgia, the faster we can help you correctly prepare and send your appeal letter promptly. We can also provide representation during the hearing to safeguard your legal rights.
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770-479-1500Georgia’s Definition of a DUI Charge
Driving under the influence of alcohol or drugs (or both at the same time) is a criminal offense in Georgia. Offenders who violate the state’s drunk or drugged driving laws will face severe consequences. Motorists should not operate a motor vehicle at any level of impairment that affects their driving abilities and makes them “less safe” than other drivers on the road.
A driver with a BAC (blood alcohol content) that meets or exceeds the following limits, is considered legally impaired:
- 0.08% for adult non-commercial drivers aged 21 and over.
- 0.04% for commercial drivers.
- 0.02% for drivers under 21, the legal drinking age.
If you drive a vehicle in Georgia, you are under an implied consent law. This means you implicitly agree to chemical testing if suspected of DUI. Refusing to take a test can lead to automatic license suspension for at least a year.
How Law Enforcement Measures BAC Levels
Law enforcement officials can measure a person’s blood alcohol content in several ways. They can ask a motorist to take a breath, blood, or urine test to determine impairment.
The most common method is the breathalyzer test, which measures the concentration of alcohol in the breath to estimate BAC. Additionally, law enforcement officers may request a blood test, where a blood sample is drawn and analyzed in a laboratory to determine the BAC accurately.
In some cases, particularly if alcohol is not the suspected intoxicant, law enforcement can request to test a urine sample for the presence of drugs or alcohol metabolites.
Georgia Motorists Can Get DUI Charges for Drugged Driving
In Georgia, DUI laws apply not only to driving under the influence of alcohol but also to operating a motor vehicle while impaired by drugs, including illegal drugs and prescription and over-the-counter medications.
State law enforcement officers are trained to detect signs of drug impairment and can use the same DUI chemical tests to gauge a motorist’s impairment. Penalties for drugged driving in Georgia are also similar to those for alcohol-related DUI offenses.
DUI Penalties in Georgia: What’s at Stake?
Georgia’s DUI laws are strict and carry severe penalties for those convicted. Convictions can vary based on various factors, including BAC level, prior DUI offenses and other offenses, and aggravating circumstances.
Having DUI-related criminal convictions on your record can also affect your options for housing, employment, and education, as well as your auto insurance rates and whether you can pursue additional licenses you may be interested in.
If you are convicted on a charge, potential consequences include:
- Jail or prison time
- Fines
- Restitution
- Driver license suspension or revocation
- Mandatory DUI education programs
- Required installation of an ignition interlock device (IID)
- Probation
- Community service
The severity of the consequences offenders face depends on whether they have prior DUIs and other offenses. DUI charges can be charged as misdemeanors or felonies in Georgia. Drivers can face felony charges related to DUI if the driver:
- Has four or more DUI convictions in the past 10 years
- Flees a police or law enforcement officer
- Causes death or serious bodily injury to another person or unborn fetus.
Your case’s outcome will depend on circumstances and factors unique to your situation. An attorney at Speights Law can explain how the state’s DUI laws and rules affect you during a confidential consultation. Call or contact us online to set up an appointment.
How Our Georgia DUI Defense Lawyers Can Defend Your Case
Many people feel overwhelmed when they consider the potential consequences of a DUI arrest and how it could affect their personal and professional lives. We understand these concerns and take them seriously. From the beginning, you will have our attention, support, and commitment to shield you from the severest outcome and resolve your case.
We can manage your expectations about the process and navigate it for you. When we represent you, we will:
- Protect your constitutional rights and ensure you tell your side of the story.
- Explain the potential consequences of DUI charges you face and your conviction.
- Review alternative ways to handle your case, including getting your charges dismissed, reduced, or considering a DUI plea bargain.
- Review the circumstances of the traffic stop and arrest to ensure law enforcement acted properly and that it was lawful.
- Identify potential defense strategies based on the evidence and other factors in your case.
- Represent you during administrative hearings and court proceedings.
- Negotiate with prosecutors to seek dismissed or reduced charges or a plea bargain agreement.
- Challenge the validity and/or results of field sobriety tests (FSTs), breathalyzer results, or other evidence.
- Advocate for alternative sentencing options, such as diversion programs or probation.
- Answer your questions, address your concerns, explain all applicable laws, and update you throughout your case.
You are not alone in this process. We are here to guide you and ensure you make informed decisions about your future. Our Georgia drunk driving lawyers will provide emotional support and guidance for you and your family throughout the legal process.
What does the Prosecution Need to Prove in a DUI Case?
After law enforcement charges offenders, prosecutors have the burden of proving the case against them. To do this, they must prove:
- You were actually driving a motor vehicle or had physical control of a motor vehicle while under the influence of drugs or alcohol.
- You were impaired after drug and/or alcohol use, and your impairment affected your ability to operate a motor vehicle; or
- Your BAC was at or above the legal limit. This limit is 0.08% for drivers aged 21 and over, 0.02% for drivers under 21, or 0.04% for commercial drivers, as noted earlier.
They also must be able to prove the evidence used to arrest and charge you was lawfully obtained. This includes any statements you may have made during the traffic stop. Prosecutors must also show law enforcement officers followed proper procedures during the traffic stop, arrest, and administration of chemical tests before they can use this evidence in a court proceeding.
Common DUI Defenses
We will base our strategy on your case’s unique needs, but common legal defenses arise in these cases. Some of them include:
- Challenging the traffic stop’s legality or the initial encounter with law enforcement.
- Asserting that the defendant’s constitutional rights were violated during the arrest or investigation.
- Showing how the defendant’s actions were inconsistent with impairment or intoxication.
- Arguing lack of probable cause for the arrest.
- Questioning the accuracy or reliability of FSTs.
- Disputing the validity of the breathalyzer or blood alcohol concentration (BAC) test results.
- Contesting the chain of custody or handling of blood or urine samples.
- Presenting evidence of medical conditions or medications that may have affected the defendant’s ability to perform FSTs, or given the appearance that they were impaired.
- Casting doubt on the credibility or reliability of witnesses, including law enforcement officers.
As we review the prosecution’s evidence and argument against you, we will have the chance to find weaknesses and challenge its findings. When our DUI defense lawyers serving Georgia examine the prosecution’s evidence and arguments, we aim to find inconsistencies and gaps we can use to build a strong defense strategy tailored to your case.
Call Us for Help from a Georgia DUI Defense Lawyer
DUI charges can change people’s lives in a near instant. A conviction for drunk or drugged driving can affect your present and future for years to come. You owe it to yourself to learn about your legal options and how you can avoid the severe penalties in your situation.
A Georgia DUI defense lawyer from Speights Law is ready to help. The sooner we hear from you, the sooner we can go to work to defend you and protect your interests. Call or contact us online today for a confidential consultation.
