Dekalb County DUI Lawyer
If you were charged with a DUI, you may want to consult with an experienced Dekalb County DUI lawyer, like The Lynch Law Group With each client, he spends a great deal of time investigating the case, discovering new evidence, and talking to witnesses who may be able to help. Even if you believe you have an open-and-closed case and that you will be found not guilty, it may still be a wise choice to speak with a Dekalb County DUI lawyer.
Getting a DUI conviction can come with several different consequences, such as jail time, fines, and a suspended license. The penalties you face can depend on several factors, like your criminal background and whether or not you injured someone while driving drunk. For example, if this is the first time you have been in trouble with the law and no one was severely hurt during the accident, your Dekalb County DUI lawyer may be able to negotiate probation instead of jail time.
Here are a few things you may want to know about DUI charges and convictions:
You Could Lose Your Driver’s License
If a police officer arrests you for driving under the influence of drugs and/or alcohol, be prepared to have your driver’s license taken away. You might receive a temporary license that you can use until your DMV hearing. If you miss your DMV hearing, your driver’s license will likely be suspended automatically and you won’t be able to drive your car. If you have a skilled DUI lawyer in Dekalb County GA help you successfully plead your case, you may be able to get your license back.
Georgia has some of the harshest drunk driving laws in the country. In fact, the state rates as number 2 in a recent survey of strictest DUI laws. In Georgia, if you your blood alcohol content is over the .08 legal limit, you face a mandatory 24 hours in jail, even if this is your first offense. Your Dekalb County DUI lawyer can explain to you the specifics of what type of penalty you are facing if convicted based on the circumstances of your situation, but in general, these are the current Georgia statutes:
First Offense
If you are arrested for DUI and this is your first offense (or if it has been longer than five years since your last DUI arrest), it is a misdemeanor charge. If you are convicted, a Dekalb County DUI lawyer knows the penalties include:
- One-year suspension of driver’s license;
- In addition to the 24-hour mandatory jail time, there is a mandatory 10 days to one year, which the courts have the discretion to suspend or stay;
- Probation of up to one year (this includes time served);
- Minimum of 40 hours of community service;
- Completion of the Risk Reduction Program; and
- A fine of between $300 to $1,000.
Second Offense
If you are arrested for DUI and it is your second offense within the past five years, it is still classified as a misdemeanor charge. If convicted, a skilled Dekalb County DUI lawyer is aware that the penalties include:
- Three-year suspension of driver’s license;
- Mandatory jail time of 90 days to one year, which courts can suspend or stay. Defendant will serve minimum of 72 hours in jail;
- Probation for 12 months, including time served;
- Minimum 30 days of community service;
- Completion of the Risk Reduction Program;
- Drug and alcohol evaluation to determine if treatment program is necessary;
- A fine of between $600 to $1,000;
- Mandatory ignition interlock device when license is reinstated; and
- Defendant’s photo will be published in local newspaper, classified as a DUI offender. The defendant will be charged a fee of $25 for the publication.
Third or Subsequent Offense
A third or subsequent DUI charge within a five-year period is classified as a “high and aggravated” misdemeanor charge. If convicted, a DUI lawyer in Dekalb County knows the can penalties include:
- Five-year suspension of driver’s license;
- Mandatory jail time of 120 days to one year, which courts can suspend or stay. Defendant will serve a minimum of 15 days in jail;
- Probation for 12 months, including time served;
- Minimum of 30 days community service;
- Completion of Risk Reduction Program;
- Drug and alcohol evaluation to determine if treatment program is necessary;
- A fine of between $1,000 to $5,000;
- Mandatory ignition interlock device when license is reinstated; and
- Defendant’s photo will be published in local newspaper, classified as a DUI offender. The defendant will be charged a fee of $25 for the publication.
- If this is the defendant’s fourth or subsequent offense, a Dekalb County DUI lawyer can explain how the state can seize any and all vehicles the defendant owns.
In addition to the above penalties, there are also other factors which can extend the length of your license suspension if you are convicted. For example, in George, just like in other states, there is a presumption when you receive a driver’s license that you agree to submit to a breathalyzer test if you are stopped by police on suspicion of driving under the influence. Although there is a legal presumption, police cannot force you to submit to testing. If you are stopped by police and refuse to submit to a breathalyzer test and are later convicted, the court can extend the amount of time your license will be suspended by one year.
There are also different rules for drivers who are under the age of 21 when it comes to the legal blood alcohol limit allowed. As a DUI lawyer Dekalb County clients recommend can explain, Georgia has a zero-tolerance policy when it comes to anyone under age 21 and the use of alcohol. Therefore, any driver between the ages of 16 to 20 who has a blood alcohol limit under .08 percent will still lose their license if they are found guilty.
OFFENSE INFOGRAPHIC
Implied Consent and Georgia DUI Law
The Georgia Implied Consent Notice: Officers are required to read the notice to the arrestee and notify them that a refusal to consent in a post-arrest DUI testing will result in the suspension of your license for a year.
A Dekalb County DUI lawyer knows that Georgia and many other states apply implied consent law to almost every DUI arrest. However, the law is not well-known and is quite obscure although it has been implemented for over 70 years in some states. The implied consent law states that you are being told about your “legal obligation” to consent to incriminatory testing. A state officer will want to collect evidence of the reason for stopping you which may lead to a suspension on your driving privileges. What you are not told during the implied consent notice is that the results of the testing may be used in a criminal court case and could possibly convict you.
When are you read the notice of Implied Consent?
In Georgia, the notice is supposed to be read as soon as possible after an arrest and custody occurs. Other states have it read in jail so that you can read it yourself rather than hear it dictated.
Do I have to take the test or can I decline it?
If someone is facing their first DUI charge, then they may feel inclined to deny the test. This is because the implied consent law notice is usually given after an arrest is made. Fear plays a large role in this decision as well. You may be concerned about many unknowns, including getting cuffed and being worried about whether you will go to jail or not. Other issues revolve around the understanding of the cause of arrest.
Can I speak with a Dekalb County DUI lawyer prior to implied consent?
Some people may believe that they are entitled to speak to a Dekalb County DUI lawyer right away after an arrest and are sometimes met with a refusal to allow a call.
Other states will tell the person being charged when they may contact a Dekalb County DUI lawyer after an arrest for a DUI or DWI, but the Supreme Court of Georgia has ruled that a person may have no contact with a lawyer until they have incriminated themselves; either by refusing the tests or by submitting to them. A refusal can be used against you to suspend your license and can be used as evidence in criminal court.
This is a complicated situation for anyone in any state to be in, but especially difficult in Georgia. If you have been arrested for a DUI and have either refused or consented to post-arrest DUI testing, call a Dekalb County DUI lawyer to examine your options moving forward. You will likely see a suspense on your license, but hiring a lawyer can help lessen some more severe consequences surrounding a DUI conviction.
Contact a Dekalb County DUI Lawyer Today
If you’ve been charged with driving under the influence, don’t wait to hire an experienced DUI lawyer in Dekalb County GA. The sooner your lawyer can begin preparing your defense, the better your chances are of obtaining the best possible outcome available.
Do I Have to Take a Breathalyzer?
If a police officer pulls you over for suspicion of drunk driving, he or she may ask you to take a breathalyzer. In Georgia, you are required to take this breath test. If you refuse to take the test, you could lose your driver’s license and face additional penalties. Therefore, your Dekalb County DUI lawyer would advise you to take the breath test.
Are Breath Tests Always Accurate?
No, they are not. Breath tests can actually be inaccurate for a number of reasons, such as improperly calibrated equipment or poorly trained police officers. If the results of your breath test are inaccurate, the prosecution has to prove your case with other evidence, such as a field sobriety test. If they can’t provide additional evidence, your case could get dismissed.
What Will Happen If I Drive After a Driver’s License Suspension?
If you are arrested for a DUI, your driver’s license automatically will be suspended. However, you can request an administrative hearing to request for your license to be reinstated. If you drive before a judge reinstates your license and gets pulled over, you can face more consequences. That is why it is definitely not a good idea to drive on a suspended license.
How Can I Go to Work If My Driver’s License Is Suspended?
This is a common concern among people facing DUI charges. They know that they are not allowed to drive, but still need a way to get to work. As a Dekalb County DUI lawyer can attest, if your driver’s license does not get reinstated, you will have to depend on public transportation or rides from family members or friends. Although this can be quite difficult, you still should not try to drive on a suspended driver’s license.
If I Plan to Plead Guilty, Do I Need a Lawyer?
Absolutely. Even if you are guilty of getting behind the wheel drunk, it is still in your best interest to consult an experienced criminal lawyer. A skilled lawyer may still be able to work out a better deal with the prosecution that you may have not been able to get yourself. For instance, if this is your first arrest and no one got hurt, your lawyer may be able to convince the prosecution to reduce your charges.
How Can a DUI Conviction Affect Your Future?
If you end up getting convicted of a DUI, it may affect your life in numerous ways. For example, you may have more difficulty getting certain jobs, especially if they involve driving. Employers may be more hesitant to hire you and may prefer someone with a clean record. You may also have more trouble renting an apartment and deal with higher car insurance rates. It may also affect your personal relationships. Some of your family members and friends may be disappointed that you drove drunk and lose trust in you. That is why you should consult a Dekalb County DUI lawyer about your case as soon as possible.
For more information, or to speak with a Dekalb County DUI lawyer, contact Andrew. R. Lynch, P.C. at (404) 373-7735.
DUI Resources:
Common Mistakes People Make After Getting Arrested for a DUI
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