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A Johns Creek DUI Lawyer Guide to Avoiding Unfair Penalties After a Stop

A Johns Creek DUI Lawyer Guide to Avoiding Unfair Penalties After a Stop

Your Johns Creek DUI Lawyer can assist in scheduling an appeal hearing to protect your driving privileges and help fight for them in court.

Johns Creek boasts a municipal court that prosecutes DUI cases. Staffed by private solicitors with expertise in prosecuting DUI offenders, this court stands firm against DUI violators.

1. Avoid Refusal to Take a Breathalyzer Test

As part of Georgia’s implied consent law, you agree to submit to a breath or blood sample upon request from law enforcement if they suspect you of driving while under the influence. Refusing such tests can have dire repercussions such as losing your license for one to two years depending on your state and jurisdiction. Some people attempt to “trick” breathalyzers by hyperventilating before taking one; these tactics often fail; the best way to avoid breath or blood testing altogether is not drinking and driving!

As soon as a police officer makes contact, they will ask you to step out of your vehicle voluntarily; most drivers comply. This interaction is then often audio/video recorded. Once there, questions will be posed in an effort to convince you to admit having been drinking and bottles will likely be looked for along with attempts at smelling alcohol on your breath.

Once arrested and your state court case moves to trial, you only have 30 days to request an appeal to protect your license (known as an ALS hearing). At Weintraub & Alper Legal we specialize in filing these appeals to save licenses; so our Johns Creek DUI lawyers can file them on your behalf so you have every chance at succeeding and having your charges reduced or dismissed altogether.

2. Don’t Refuse to Take a Field Sobriety Test

As soon as an officer pulls you over, they may ask you to step out of your vehicle and conduct some field sobriety tests. While it is technically legal to opt-out from these exams, many drivers still take part; police officers administering these exams have been trained specifically to detect indications of impairment – giving prosecutors greater chances at convictions while keeping roads safer. Their success rate in convicting DUI suspects has made this part of their job imperative – this being one key reason to refuse these tests!

These tests are also problematic due to being subjective, as they rely on the judgment of an officer in assessing your symptoms of impairment and can therefore lead to bias and inaccuracy during assessment – sometimes leading to arrest even though someone was completely sober at the time of testing.

Note that an officer may request blood, breath or urine tests at the station if he or she suspects you of being under the influence of drugs; these are often requested if an officer suspects you of being impaired by medication, particularly prescription medicines which have similar effects. It has become more and more frequent for officers to make DUI arrests solely based on drug use due to these effects having similar impact as alcohol on driving performance.

3. Don’t Refuse to Take a Blood Test

Officers conducting DUI stops may request that you submit to a blood test in order to measure your BAC level. They have this authority due to Georgia’s Implied Consent Law, which states that all drivers are obliged to submit to chemical tests if an officer suspects them of driving under the influence and contributing to an accident that resulted in serious injury or death.

Blood tests provide more precise measures of BAC than breathalyzers; however, an officer will need a warrant in order to start testing. Once sample has been taken it will be sent off to be tested in a lab for alcohol and other substances before being returned back to them officer who will then use as evidence against you.

Your attorney can help you combat blood test evidence by challenging lab procedures and disputing results that they deem invalid. By fighting it on your behalf, this gives you a stronger chance at having charges reduced or dropped altogether.

Richman Law Firm can develop a powerful defense strategy on your behalf in Johns Creek to avoid jail time, license suspension, fines, community service and other legal consequences associated with DUI offenses. They specialize in representing those arrested for first, second and third time offenses as well as domestic violence offenses like burglary, robbery and drug- or sexual-related crimes such as domestic violence; their founder was once a felony prosecutor certified in Standardized Field Sobriety Testing and DUI detection.

4. Don’t Refuse to Take a Drug Test

Law enforcement officials may arrest individuals for driving under the influence of drugs even when there is no alcohol present, including prescription medicines that impede driving ability and cause impairment to operate a vehicle. An experienced Criminal Defense Lawyer can fight hard on your behalf to defend your rights.

Johns Creek DUI Officers often ask drivers who appear to be driving recklessly or dangerously to conduct field sobriety tests or breathalyses as part of the investigative process, though these exercises are never mandatory and polite refusal is always accepted. These exercises serve as part of this investigation process, so if one were conducted regardless of any medications you might take being on, an alleged DUI ticket could result.

Next comes taking a urine or blood sample for testing purposes. Keep in mind that you only have 30 days from the date of arrest to request an administrative license suspension (ALS) hearing in order to keep your license. Your attorney can handle this for you and convince the DMV that your arrest was unjustified and should lead to the overturning of its suspension.

Experienced Johns Creek DUI lawyers provide invaluable insight into how the prosecution views cases and can provide a strong DUI defense for you.

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