Underage drinking and driving remains an ever-present danger in Buckhead and throughout Georgia, and will result in a 120-day license suspension without access to any limited driving permit. Underage drinking remains a prevalent problem that warrants action taken.
After your Johns Creek DUI arrest, police will issue you a 1205 suspension notice form. It is imperative that you request a hearing with Georgia DDS immediately in order to save your license and ensure its future use.
1. Alcohol Content
Georgia law defines an open container as any bottle, can or receptacle that contains alcohol – including beer, wine and spirits – within any quantity and in any location; including passenger areas of cars on public highways as well as in private residences that produce homemade malt beverages that meet certain criteria. There are specific exemptions such as partial bottles of wine purchased in restaurants as well as homemade malt beverages manufactured on private premises that fulfill certain criteria.
Law enforcement officers who discover open containers of alcohol during a DUI traffic stop can use them as evidence and issue additional tickets based on this finding. This is especially relevant when multiple DUI offenses are being committed simultaneously.
If you have been charged with DUI in Johns Creek, it is essential that you consult an experienced Atlanta DUI attorney immediately. A knowledgeable legal professional can explain the legal process, protect your rights and offer useful advice based on your specific situation. Likewise, having representation can assist with fighting Georgia Department of Driver Services license suspension actions brought against you.
2. Open Container
Every state has different legislation and laws that vary between cities. That’s why hiring a Johns Creek DUI attorney to help understand local legislation and how it applies to your case is so vitally important – they will stay informed of any changes or surprises that might impact it and keep up-to-date on them.
Georgia law makes it illegal to possess an open container of alcohol within a vehicle on public roads or shoulders, including trailers, boats and motor homes. Violators could face fines up to $200.
An open container charge does not necessarily indicate you will face a DUI conviction; however, it can serve as evidence of alcohol consumption and may aggravate certain cases. An experienced Georgia DUI lawyer can protect your rights by fighting this violation to preserve driving privileges and defend driving privileges.
3. Persistent Sobriety Tests
Law enforcement officials and prosecutors place great emphasis on getting DUI convictions each year, which means you may be asked to conduct Field Sobriety Tests (FST). These subjective assessments evaluate your ability to adhere to instructions while remaining steady under pressure – with certain medical conditions or environmental circumstances altering results significantly.
Police use Field Sobriety Tests (FSTs) as evidence against you when charging you with DUI. They’re designed to gather enough proof against you so you fail, which can be both intimidating and uncomfortable for most. An experienced Johns Creek DUI defense attorney may identify errors in administering or assessing FST results which could alter the course of your case significantly.
Your attorney can protect both aspects of your driving privileges by handling both cases effectively. Johns Creek Municipal Court can issue criminal DUI charges; Georgia DDS (Driver Services Division) issues administrative license suspension actions as well. Your legal representative should assist with each of them to maintain your driving privileges.
4. License Suspension
If you are arrested for DUI after failing a Johns Creek officer’s chemical test or exceeding the legal BAC limit, Georgia law mandates that an administrative license suspension action (usually with form DDS-1205) be filed within 30 days from your arrest date and that an administrative license suspension hearing be scheduled and addressed within this time. Failing this deadline means your license or driving privileges will be suspended with no limited-use permit available to reinstate them.
Administrative license suspension proceedings take place in a separate court from criminal ones and before an independent judge who does not preside over your felony DUI trial. A successful defense can help you avoid one year without driving privileges and may have other positive ramifications such as employment or college enrollment applications being approved faster. Our knowledgeable Johns Creek DUI lawyers know how to uncover flaws in State evidence that suggest there is no reasonable chance that you’ll be found guilty and convince a judge there is no reasonable probability that conviction occurs.
