Annually, hundreds of drivers in Johns Creek are arrested for DUI. Although these cases are minor misdemeanor charges, their consequences can last a lifetime.

Every DUI conviction triggers an administrative license suspension action which must be litigated before another court. Johns Creek DUI lawyers with experience can effectively handle these separate cases and assist their clients through them all.

1. Defendants’ Blood Alcohol Content

Law enforcement and courts use blood alcohol concentration (BAC) levels of 0.08% as the benchmark to assess intoxication; higher BAC levels can have serious repercussions, including substantial fines, license revocation or suspension periods lasting several months, mandatory installation of ignition interlock devices and comprehensive alcohol treatment programs.

An effective defense to DUI charges often relies on challenging the accuracy of chemical tests used to measure blood alcohol content (BAC). A variety of factors can taint breathalyzer and blood-test results, including contamination in mouthswab samples or medical conditions like gastroesophageal reflux disease causing regurgitation of stomach contents with alcohol, maintenance/calibration issues with testing equipment as well as maintenance/calibration issues with testing machines themselves.

Johns Creek DUI lawyers can challenge the legality of traffic stops and arrests by challenging an officer’s training and procedures for sobriety checks and DUI stops. Officers must have specific and articulable reasons to stop you on suspicion of DUI, and must adhere to stringent protocols when performing sobriety checks or DUI stops.

2. Defendants’ Impairment

Johns Creek DUI lawyers will employ experts, doctors, investigators and technology to form an aggressive defense that takes aim at the state’s case against you. Felony DUI charges can be severe; defendants could face jail time, probation and license suspension among many other punishments; additional requirements could include installing an ignition interlock device, community service hours or attending DUI school as well as drug or alcohol treatment programs.

Mental impairment defenses may be effective against allegations of intoxication; however, for this strategy to work it must be shown that actual mental impairment exists.

This mitigating circumstance is similar to statutory aggravator (G)(1), but requires the defendant to suffer from a medical condition which substantially diminishes their understanding of wrongfulness of the behaviors committing offenses – such as metastatic solid tumor cancer, advanced organ disease or amyotrophic lateral sclerosis. Unlike terminal illness category, no specific prognosis for life expectancy is required here.

3. Defendants’ Drugs

Johns Creek residents charged with felony DUI will typically appear before the Superior Court of Fulton County for hearings, as these types of cases involve drug violations and serious offenses that fall outside city jurisdiction. Our Felony DUI Defense lawyers offer clients comprehensive legal representation across Fulton County from our various office locations throughout Johns Creek.

Drug defendants typically face mandatory minimum sentences, particularly for crimes that involve drug trafficking and distribution of cocaine or other drugs. The exact weight of these substances (and any dilutants such as cornstarch used to dilute them) determines these minimum sentences.

Defenders can avoid these penalties by going to trial and hoping for an acquittal (though most take this risk are eventually found guilty); qualifying for the limited statutory safety valve that permits judges to sentence below the mandatory minimum; or by pleading guilty. These are their three options available to them, although most opt to plead.

4. Defendants’ Driving Habits

Johns Creek, as a relatively young city formed less than 20 years ago, has quickly become the scene of many traffic-related DUI arrests and convictions. Johns Creek boasts its own municipal court where all driving under the influence cases are heard.

At Johns Creek Court, the judge is Donald Schaefer with occasional appearances by Associate Judges Wanda Dallas or Jenny Nguyen. Lawrence Delan serves as solicitor/prosecutor with Angela Couch as assistant solicitor.

Johns Creek Police Department employs a Traffic Safety Unit that acts like a DUI Task Force and employs state- and national-level sobriety checkpoints/roadblocks. Their officers have completed 16 hours of DUI training at the police academy; many also attended alcohol/drug recognition courses as well as the standard field sobriety test. If they believe someone to be DUI, they will request either a breathalyzer, blood or urine test; failing which their license will be suspended by Georgia Department of Driver Services.