Comprehensive DUI Defense
Expert defense for driving under the influence cases. We understand the technical aspects of field sobriety tests, blood tests, breath tests, and ignition interlock devices to build the strongest possible defense for your case.
Understanding DUI Charges in Georgia
Driving while intoxicated (DWI), operating a vehicle under the influence (OVI), or driving under the influence (DUI) are all ways to describe the same thing: intoxicated driving.
Intoxication may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a criminal offense in North Georgia, your blood alcohol content must be at or above the legal limit, you have an illegal chemical substance in your system, or your driving abilities were otherwise impaired.
In Georgia, there are many arrests made daily for intoxicated driving. Those arrested are often people like you and me: law-abiding citizens. At Johnson Law Firm, our DUI defense lawyer works hard to help you beat a DUI charge or to, at a minimum, get the best possible outcome in your unique situation. Contact us at (706) 230-5944 to learn more about how we will help you.
What is "Blood Alcohol Content" Level?
Understanding how BAC is measured and what it means for your case
Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume.
Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle. Understanding how BAC is measured and the potential errors in testing can be crucial to your defense.
What are My Rights During DUI Traffic Stops?
Know your constitutional rights when stopped for suspected intoxicated driving
If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, you should remember you have certain rights as a U.S. citizen.
During the Stop
If Arrested or Detained
Important: If you believe your rights were violated in any way, try to write down everything you remember, including the police officer's agency (state police, county police, etc.), badge number, and patrol car number.
Can I Refuse a Breathalyzer Test in North Georgia?
Understanding the consequences and implications of refusing breath tests
You can refuse a breathalyzer test. These are portable instruments police have with them to test your breath for alcohol. The results of these tests are typically not admissible if you are, in fact, arrested and charged with an intoxicated driving offense.
However, refusal carries with it significant consequences. Those consequences depend on your jurisdiction, but you can expect any of the following:
Consequences of Refusal
Also, if you refuse, the police officer may request a warrant to take a blood sample. Blood tests are more reliable than breath tests, and they can be more challenging to defend against if a case is filed against you.
What are Standardized Field Sobriety Tests (FSTs)?
Understanding the tests police use to determine intoxication
Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.
Three Standardized FSTs
Non-Standardized FSTs
The results of standardized tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.
Can I Refuse Field Sobriety Tests in Georgia?
The ability to refuse a field sobriety test is allowed in most jurisdictions, although there may be consequences, such as being asked to complete a breathalyzer test or provide a blood sample. A refusal to complete a field sobriety test typically does not carry the same serious repercussions as refusing a breathalyzer test.
After a DUI Arrest in Georgia, Will My Driver's License Be Suspended or Revoked?
Understanding the different types of license suspensions and their consequences
Administrative Suspension
Many jurisdictions will suspend your license if you refuse a breathalyzer or have a BAC over a certain level. This means you can lose your driving privileges even when you have not been found guilty of driving while intoxicated or under the influence of a chemical substance.
Conviction-Based Suspension
This type of suspension occurs when you are convicted of an intoxicated driving offense. Whether your driver's license will be suspended or revoked depends on your jurisdiction, your BAC level, and whether this is your first offense.
What Happens After a Drunk Driving Arrest in North Georgia?
Understanding the two-track process following a DUI arrest
If you are arrested for drunk driving, what happens next depends on the facts and circumstances. It's important to know that DUI arrests result in two processes after an arrest:
Administrative Hearing
Results in civil penalties, like driver's license suspension. This is separate from the criminal process and can affect your driving privileges even before a criminal conviction.
Criminal Process
Can result in a conviction in the absence of a strong DUI defense. A conviction can lead to fines, driver's license suspension/revocation, imprisonment, ignition interlock device (IID) installation, and other penalties.
Can I Still Get Auto Insurance in North Georgia After a Drunk Driving Conviction?
Understanding the insurance implications of a DUI conviction
Your ability to obtain or maintain auto insurance after a drunk driving conviction depends on whether it was your first conviction. You will likely find insurance after a first conviction, although your rates will increase significantly.
Note, however, that even if you have been convicted of only one drunk driving offense, you may still be required to obtain SR-22 insurance. SR-22 is a certificate of financial responsibility required by either your jurisdiction or a court order. This form is not insurance, but rather proof that your auto insurance policy meets the minimum liability coverage required by state law. A fee, which ranges from $300 to $800 on average, is most often charged to file this form.
Can I Beat a Drunk Driving Charge in Georgia?
Understanding your options and the importance of expert legal representation
It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests.
Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.
Common Defense Strategies
Aside from errors or unreliable test results, an alleged DUI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.
You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as much as legally complex.
Can I Just Plead Guilty to Drunk Driving?
Understanding the consequences of immediate guilty pleas
An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the counsel of a drunk driving lawyer in North Georgia, and there are multiple reasons for this.
Why You Shouldn't Plead Guilty Immediately
- Lose fighting opportunity: If you plead guilty immediately, you lose any opportunity to fight the DUI charge.
- Lose plea deal opportunity: You also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances.
- Harsher sentencing: The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose.
- Future consequences: If it's your first drunk driving charge, subsequent DUI convictions will assuredly lead to harsher penalties.
Do I Need a Drunk Driving Lawyer in Georgia to Win My DUI Case?
Understanding the importance of expert legal representation
If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging.
All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. Most alleged DUI offenders do not have that kind of knowledge and skills.
How Much Does a DUI Defense Lawyer Cost?
There are a lot of factors to consider when determining the cost of a defense lawyer, like:
- The experience of the lawyer
- Whether you take a plea deal
- Whether you go to trial
- The costs of the experts if you go to trial
- Whether the attorney charges by the hour or a flat rate
You can expect to pay anywhere between $1,000 or upwards to $5,000 or more if the case is appealed. The more experienced lawyers will cost more, but they can save you more in the long run in terms of auto insurance and lost wages.
Ready to Fight for Your DUI Defense?
Don't let a DUI charge ruin your life. Our experienced team is here to provide the aggressive, effective representation you need to protect your rights and fight for the best possible outcome in your DUI case.