Client struck three parked vehicles and was pulled over for DUI by police. Officer noticed an odor of alcohol on his breath as well as signs that he was struggling with balance and speech, including swaying and slurred speech.
He was informed of his implied consent rights for taking a breath test, but declined to take one.
What Happened?
Many drivers think they are safe behind the wheel if their blood alcohol concentration (BAC) falls under Georgia’s legal limit of 0.08 grams %; however, Georgia DUI laws indicate otherwise and a person can still be charged with DUI even when their BAC falls within this range.
Once arrested for DUI in Atlanta, drivers will undergo chemical testing to ascertain their BAC level. A law enforcement officer can request breath, urine or blood testing and those who refuse it risk license suspension of up to one year.
First time offenders charged with DUI face additional repercussions after conviction, including mandatory clinical evaluation and treatment programs as well as installation of an ignition interlock device in their vehicle, DUI school attendance, and payments of fines.
Arrest for DUI in Atlanta can be life-altering, leading to jail time, costly fines and license suspension as well as having serious repercussions for both personal and professional lives. Experienced Atlanta DUI lawyers may be able to mitigate these adverse outcomes; for example by challenging stops, BAC test results or procedure errors an experienced Atlanta DUI lawyer may help have charges dismissed altogether or at least reduced. Your attorney may also represent you at your initial appearance before court and handle discovery for you.
What Happened Next?
As soon as someone is arrested for DUI in Atlanta, their plastic driver’s license is confiscated and replaced with a temporary permit issued from Department of Driver Services; within 30 days they can request an administrative license suspension (ALS) hearing with DDS to preserve their driving privileges and protect their right to drive in Georgia. An experienced Atlanta DUI lawyer can assist them in this effort to request this hearing and fight to maintain their right to do so.
An ALS hearing allows a lawyer to question the arresting officer about your traffic stop and subsequent breath test administration; its purpose, how it was administered and any relevant facts. If your lawyer can find flaws in prosecution evidence that could help reverse an ALS hearing and preserve driving privileges.
First time DUI convictions in Georgia carry severe penalties. A conviction will lead to license suspension of up to one year, jail time ranging from three to 12 months, community service hours and drug evaluation and treatment requirements, DUI school attendance requirements, installation of an ignition interlock device on your vehicle, increased insurance costs over several years and an arrest record. At your first court appearance, your Atlanta DUI Lawyer will enter a plea of not guilty on your behalf, while collecting all available documentation including police reports, accident reports, video recordings, officer notes or anything else which might help build your defense case.
What Can I Do?
If you were arrested for DUI in Atlanta, it’s essential that you seek legal advice as soon as possible. A knowledgeable lawyer will guide you through the arrest process and create a strong defense to reduce charges against you.
At the core of any effective DUI defense lies giving evidence against yourself through actions or words, such as not yelling at or threatening an officer and refusing to answer questions from police officers. Most often these officers will have body cams installed within their vehicles that might capture your behavior; remembering your right to remain silent can also help strengthen your defense strategy.
An experienced DUI defense attorney will challenge any evidence presented against you in court, such as alco-sensor readings or field sobriety tests administered against you. Georgia DUI laws mandate that prosecution must present proof against their defendant in order to convict of DUI.
An experienced DUI attorney can mitigate the repercussions of your conviction by filing an administrative license suspension hearing within 30 days after being arrested. At this hearing, known as an ALS (Administrative License Suspension) hearing, your lawyer can question the arresting officer regarding the circumstances of your stop and arrest, whether you were properly advised of your Implied Consent rights and whether the breath test was administered according to Georgia law.
What Can You Do?
There are a few steps you can take to increase the odds of successfully avoiding conviction for an Atlanta DUI case. First and foremost, hire an experienced DUI attorney. Many individuals arrested may believe they can save money by appearing before court alone; this is often not wise; should this occur, the judge will assign a public defender instead; unfortunately this person likely has hundreds of cases they need to handle at once and may not give yours their full consideration.
At your arraignment, you will be given a date and time for you to return to court for your DUI case. It is imperative that this occurs promptly to avoid risking losing your driver’s license – in Georgia this could happen within one year if no hearing request to contest your administrative suspension occurs within 30 days after arrest.
An experienced DUI defense attorney can also assist in challenging the scope of any stop or search. An officer can only legally search you during a traffic stop for weapons, drugs or paraphernalia if there is reasonable suspicion that you are engaged in illegal activity.
Finally, it is crucial to understand that DUI charges are determined based on actual physical control of a vehicle and intoxication or impairment due to alcohol, drugs or inhalants. Simply being under the influence does not constitute criminal conduct; evidence must show you were impaired.
