DUI Defense Attorneys In Gwinnett County

Act fast. Driving Under the Influence (DUI) is a serious matter and it is important that you contact an attorney immediately after your arrest. You only have 30 days after your arrest to send an appeal letter (30-day letter) to stop the suspension of your license or install an ignition interlock device in order to save your privilege to drive. You should not make a decision until you have spoken with a qualified attorney.

Submitting the 30-day letter requests an Administrative License Suspension (ALS) hearing to try and prevent the automatic suspension of your Georgia driver’s license. A failure to send in the letter will result in an automatic suspension of your license for up to a year, with no limited permit. If you don’t want to miss this important deadline, call attorney Crosby today for comprehensive DUI defense.

DUI Laws In Georgia

You can be charged with DUI for being under the influence of alcohol or drugs (even if you have a prescription) or a combination of both. DUI charges in Georgia fall into one of two categories: DUI Per Se and DUI Less Safe.

DUI Per Se

DUI Per Se is the traditional charge when the blood alcohol content reads at .08% or higher (for drivers under 21, the limit is .02%).

DUI Less Safe Law

If a blood alcohol concentration test is refused or not given, officers have the discretion to issue a DUI Less Safe charge, meaning they believe the driver is less safe due to consuming or using a controlled substance. Officers can also issue a DUI Less Safe when a blood alcohol test registers below .08% but the officer believes the driver is unsafe to drive due to the impairment of drugs or alcohol.

The Consequences Of A DUI Conviction

A night of drinking can end badly if a person chooses to drive while under the influence of alcohol. Being convicted of a DUI charge has long-lasting effects, including staying on your record forever. Your insurance rates are likely to go through the roof if your company doesn’t drop you altogether. Knowing about these consequences may help someone make the right choice before getting behind the wheel while intoxicated.
Penalties for DUI convictions can be life-changing. First-time DUI convictions include mandatory jail time, fines up to $1,000 plus court costs, mandatory community service, alcohol and drug evaluations and treatment, if recommended, and suspension of your driver’s license.

First Offense

In Georgia, if you’re pulled over and suspected of driving while intoxicated, you’ll be asked to participate in a field sobriety or a breathalyzer test. If charged with just an initial DUI, you could be looking at:

• Jail time: As a first offense, you could spend 24 hours up to 1 year in jail, resulting from a DUI charge.
• Fines: Ranging between $300 and up to $1,000, expect to pay fines associated with the charge.
• Loss of driving privileges: The first DUI charge can leave you without a license for up to 1 year.
• Reinstatement fees: Should you lose your license, you will have to pay $210 to get it back.
• Community service: At a minimum, you could be ordered to participate in 40 hours of community service.

Even one DUI charge can carry serious consequences. Repeated DUI charges continue to have more extensive punishments. You could be required to pay for and participate in substance abuse classes. You could lose your job and have to carry high-risk insurance.

Take all DUIs Seriously

If you’ve never faced a prior DUI charge, you may be tempted to think that the courts will go easy on you. The truth is, Georgia takes DUIs seriously, and you shouldn’t let even the first charge go. Before facing the legal consequences alone, you might want to become more familiar with the laws regarding DUI to ensure your rights are protected. Having legal guidance on your side will help with this.

Penalties for a third or subsequent DUI conviction include even higher fines and increased jail time, and harsher suspensions of your driver’s license.

Georgia law is strict with respect to intoxicated driving, and there are additional fees that can be assessed, as well as significant fines and jail time from impaired driving charges that result in convictions.

Ignition Interlock Device Fees

Georgia is one of the states implementing the use of ignition interlock devices for some convicted intoxicated drivers. The devices are ordered to be installed in the vehicles of those with multiple convictions. Monitoring of the device carries a service fee that is also paid by the convicted person. This can also apply to those convicted of multiple offenses of impaired driving, even if their DUI charges stemmed from smoking marijuana. Marijuana presence in the bloodstream can actually last in the body for up to 30 days for the average individual, and blood or urine tests can detect it even though an IID cannot.

Alcoholic Driver Education

Another associated fee for an intoxicated driving conviction is the requirement to attend ADE classes for a designated period, a cost which is also borne by the convicted person. Just as with other mandatory punishments accompanying conviction of DUI charges, lawyers cannot plea bargain ADE out of a guilty plea. It is a requirement, just like mandatory jail terms for multiple offenders.

These service fees are just two of the types of penalties Georgia courts can order for impaired drivers who are convicted. They are not negotiable when the case is finalized, and the financial responsibilities are above and beyond any other fines or damages ordered to be paid when an impaired driver is involved in an accident. It is always vital to have an experienced Georgia DUI attorney when fighting DUI charges. The additional fees can amount to as much personal expense as the fines themselves.

Choose Experienced Representation To Defend You

DUI case law is ever-changing, as are successful challenges to these cases. Matt Crosby is a former DUI prosecutor and has been successfully defending DUI cases through challenges to an officer’s right to pull you over, the reasons they believe you were under the influence and to their testing procedures. It is not against the law to drink alcohol and drive. You must be impaired to the extent that you are a less safe driver. Many road officers do not know the distinction, nor do they care, when they place you in handcuffs. Since penalties for a DUI conviction can be so severe, having us in your corner will help minimize the impact that the arrest will have on your life.

If you are arraigned for drunk driving, this isn’t a situation you want to try to handle on your own. Here’s why you should consider hiring an experienced attorney right away:

To Negotiate a Plea Bargain

There are instances in a DUI case when you can be offered a plea bargain that trades your guilty plea for a lenient penalty. However, a plea bargain is not something you can negotiate on your own. Most prosecutors won’t even negotiate a plea directly with a defendant.

To Identify Any Irregularities in Your Arrest

There may be circumstances that can cast doubt on the justification of your arrest and arraignment. Was the traffic stop that led to charges even justified? Were you properly informed of your rights and responsibilities? All of that can matter to the outcome of your case.

To Challenge the Chemical Tests Used in Your Case

Most likely, you were subjected to a Breathalyzer test to determine your blood alcohol content (BAC) before you were arrested. The average layperson doesn’t know just how easily those tests can go wrong. Was the machine calibrated correctly? Was the officer properly trained in its use? Was the test taken in a timely manner or delayed long enough to let your BAC rise over time? These are all questions that need to be asked in a proper defense.

Just because you have been charged with drunk driving does not mean that you are guilty. Protect your rights and your future with decisive action.

Defending Against DUI Charges

Challenging the results of a breathalyzer or field sobriety test is often a critical turning point in a DUI defense. For this evidence to stand in court, law enforcement must strictly follow rigorous maintenance and testing protocols.

Challenge to a breathalyzer test

Challenges to a breathalyzer test can be especially important if any of the requirements for a breathalyzer test to be considered accurate are missing. Breathalyzer tests must be routinely maintained and calibrated for accuracy. In addition, the police officer administering the breathalyzer test must know how to administer that particular test and follow the training they have received when administering it. Lastly, the police officer administering the test must take care that the accused driver’s bodily functions do not interfere with the breath test results.

Challenge to a field sobriety test

Challenges to field sobriety tests can also be especially important if any of the requirements for a field sobriety test to be considered reliable are missing. The police officer conducting the field sobriety test must know how to conduct it and must use that training when conducting a field sobriety test.

Officers use this test to evaluate a driver’s coordination and decision-making, but they are notoriously difficult and highly subjective. Because the results rely entirely on an officer’s personal perception, it is common for law enforcement to look for shortcomings that do not exist, sometimes deciding a driver will fail before they even step out of the car.

Factors like nervousness, physical fatigue or natural uncoordination may easily cause a completely sober person to fail these flawed roadside assessments. Fortunately, drivers have the legal right to politely decline these tests. However, you should remain aware that exercising your right to refuse will likely prompt the officer to take the next legal step: securing a warrant to compel a blood test.

What happens if you refuse a breathalyzer?

A driver may choose to refuse to take a Breathalyzer if they are willing to face the consequences. If you refuse to take a breathalyzer, your license will be automatically suspended for one year. Even if you are eventually found not guilty of driving under the influence, your license will remain suspended.

In Georgia, driving with a BAC 0.08% or higher triggers an automatic DUI charge. However, it is important to remember that a charge is not an automatic conviction.

Because you are presumed innocent until proven guilty, your defense strategy can actively challenge the reliability of the breathalyzer results. One major avenue of defense is medical grounds. For example, conditions like GERD or high ketone levels – as well as common medications such as cough syrups, asthma treatments and oral health products – may artificially inflate your BAC reading.

Another critical defense strategy focuses on technical and operational errors. For breathalyzer results to stand up in court, the device must undergo strict, routine maintenance and calibration.

If law enforcement lacks the records to prove this upkeep, the test’s credibility vanishes. Furthermore, even a perfectly maintained machine may yield faulty data if the administering officer lacks proper training, providing a powerful legal loophole to help defeat a DUI prosecution.

The Traffic Stop Wasn’t Legitimate

A police officer may need a valid reason to stop you. They are well-trained in identifying suspicious behaviors that give them a reasonable cause to stop a driver. If you were following traffic rules, but the police stopped you because you were coming from the side of a bar or had parked outside one, you may use an illegal stop defense if they charge you with a DUI.

Inaccurate Field Sobriety Tests (FSTs) Were Used

When the police believe you are drunk after stopping you, they may conduct FSTs. These may include the walk and turn, one-leg stand, the walk the line, horizontal gaze nystagmus and so on. It’s not mandatory to take these tests, but if you volunteered and failed, you may challenge them.

Frequently Asked Questions About DUIs In Georgia

These answers to commonly asked questions can help you understand the implications of a DUI in Georgia.

Can a DUI be expunged in Georgia?

The Georgia Crime Information Center (GCIC) and the individual court where the case was held cannot restrict or expunge DUI convictions from your record.

What happens when you get a DUI in Georgia?

If this is your first offense, the minimum consequences are between 10 days (which all but 24 hours can be waived) and a year in jail, a $300 to $1,000 fine, 40 hours of community service, evaluation for a substance abuse disorder, completion of a risk reduction program, a minimum of 12 months of probation and potentially the loss of your license for a year. This is why it is so important to have an experienced defense attorney.

Is DUI in Georgia a misdemeanor or a felony?

A first or second DUI offense in Georgia is considered a misdemeanor. A 3rd DUI charge within 10 years is a misdemeanor of a high and aggravated nature and a 4th or subsequent charge within that timeframe is a felony.

What happens if I get a DUI in Georgia with an out-of-state license?

If you hold an out-of-state driver’s license and get charged with a DUI in Georgia, the state will report the arrest to your home state’s Department of Motor Vehicles (DMV).

Your home state will likely take action against your license, including suspension.

Will I go to jail for my first DUI in Georgia?

Yes, law enforcement agencies will almost always arrest you if you are charged with DUI. If your blood alcohol content (BAC) was above .08% when you were arrested, you must serve at least 24 hours in jail.

Contact Us For Peace Of Mind After a DUI Arrest

If you are dealing with a DUI charge, you might be feeling overwhelmed, anxious and worried about your future. This stress can impact your daily life, your job and your personal relationships.

At Crosby Law, you gain an advocate who can guide you through the legal process, who will help you be proactive in your own defense, talk to you about what worries you most with the charges, negotiate with prosecutors and represent you in court. Mr. Crosby takes the time to personally speak to clients charged with DUI, answer all questions, debunk any myths, and tell you what to expect in your particular case, all in an effort to give you peace of mind during the process and strive to obtain the very best result.

Call 678-981-7184 or complete our online form to request a consultation to discuss your DUI matter.