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Canton DUI Lawyers

1. Meyers & Meyers: DUI Over View The state of Georgia has serious laws pertaining to driving under the influence. Anyone who violates the DUI driving laws will be facing serious criminal prosecution. It is imperative to obtain an experienced DUI lawyer if you have been charged with a DUI offence. An established Atlanta DUI lawyer will protect your rights and fight aggressively for you at each stage of the DUI process. Georgia DUI Law In the state of Georgia it is illegal to drive or operate a vehicle with a blood alcohol concentration (BAC) of .08% or more. A driver can also be charged with DUI for being Òless safe.Ó Under these provisions, the prosecution must prove the driver is Òless safeÓ to drive to due alcohol, drugs, or other intoxicants. Most drivers arrested for being Òless safeÓ have a BAC between .05% and .07%. However, if the prosecution can collect enough evidence, drivers who have a BAC less than .05% can be arrested and charged under this provision. For people under the age of 21, it is illegal to drive with a BAC of .02% or more. Two Part Process There is a two part legal process to occur after an arrest for DUI happens. A criminal case is established first and then an administrative license suspension hearing follows. Your driverÕs license will automatically be suspended after the initial arrest. It is important to schedule an administrative hearing first with the Georgia Department of Driver Services. This allows you the opportunity to salvage your driving privileges by contesting the evidence submitted by the state. If this is successful your driverÕs license will be reinstated at the hearing. It is important to know that this hearing is only allowed to be scheduled 10 days after the arrest. If the hearing is not scheduled within this time frame your driverÕs license will be suspended for at least one year. In addition to this hearing you will also be required to appear in criminal court for the criminal charge of driving under the influence. This part of the legal process allows you to plead guilty, not guilty, or no contest to the charges against you. If your case progresses to a trial, a jury will be selected. If you are found not guilty, all charges will be dropped and you will be free to go. If you are found guilty of DUI, the judge will enforce a sentence. Penalties for DUI in Georgia If you are found guilty of DUI the judge will impose a series of penalties, including fines, community service, driverÕs license suspension, and a possible jail sentence. In addition, your insurance premiums are likely to rise, and you may be required to attend DUI school and install an ignition interlock device on your car.
2. Heller, JM: A criminal charge against you (or someone you love) like a DUI puts your freedom and livelihood in jeopardy. If you live in Cherokee County, Georgia and have legal problems related to drunk driving, you need to choose an attorney who concentrates on these challenges.
3. Mason Law Firm: Drinking and driving charges can ruin your career. If you are arrested for a DUI, you must spend a mandatory twenty-four hours in jail. The stiff penalties associated with drunk driving arrests can have grave consequences, especially if you are expected to be at your job in the morning. * Drug possession * Drug trafficking * Meth (methamphetamine) * Opium * Heroin * Marijuana
4. Ghanouni, Paul: DUI is the common acronym for "driving while under the influence" of alcohol or drugs. The state of Georgia has strict laws and stiff penalties for DUI convictions. If you are charged with a DUI in Georgia, it is vital that you get immediate legal help. You will have only 10 days to comply with the state's 10-Day Rule. Georgia's 10 Day Rule What is the 10-Day Rule? If a police officer stops you, suspects you are under the influence, asks and you refuse to take a blood, breathe or urine test, or you take one of the tests and your result is over the legal limit (0.08), an administrative license suspension under Georgia's Administrative License Suspension Law (ALS) is applicable. You will have only 10 business days to request a special hearing. If you do not take action and request a hearing within the time specified by the ALS, your driver's license will be suspended for one year. When does the 10-Day Rule apply? * You refused to take a blood, breathe or urine test * You took one of the three tests and your blood alcohol content was over the legal limit of 0.08 * After you tried to take the tests the police officer stated "you refused" * You were under 21 on the day of the arrest and your test result was .02 or higher * You had a CDL in your truck when arrested and your blood alcohol level was .04 or higher * You do not know what your blood alcohol level was If you've been charged with drunk driving, it's critical to retain competent legal counsel as soon as possible to prepare a defense strategy and challenge the suspension of your license. Depending on your driving record and DUI history, you could lose your driver's license and face a jail sentence. DUI Challenges Don't ever assume there is no challenge to a DUI charge. Each situation will have unique circumstances, however, a lawyer with in-depth understanding of Georgia DUI law can determine if your arrest and the charges sought will hold up in a court of law. There may be any number of factors that determine the final outcome of your case. Although law enforcement would have you believe otherwise, Breathalyzers are not infallible. Like any equipment, a Breathalyzer or other testing device must be properly maintained as well as correctly calibrated to deliver an accurate reading. Furthermore, arresting officers are also required to administer a field sobriety test according to certain prescribed procedures. If proper protocol is not followed, a DUI charge may be dismissed. If you can prove that a law enforcement officer did not have reasonable cause to stop you on the highway, the charges against you may very likely be thrown out of court based on a violation of your Constitutional rights. Why Legal Help is Important For most people a DUI arrest is their first contact with the legal system, and they typically do not understand the consequences of the charges filed against them or the importance of retaining an attorney to protect their rights. If you are convicted of a DUI offense, you will have to deal with a long list of serious consequences. You will have court costs and fines, which increase depending on whether your charge is a first, second or third offense. There will be additional fees to reinstate your license, following an administrative hearing, which is separate from criminal court proceedings. Whether you lose your license or are sent to jail, your freedom and your ability to earn a living will are affected. The long list of DUI repercussions include: * Fines & Court Costs * Loss of Driver's License * Mandatory Jail Sentence * Vehicle Immobilization or Impoundment * Alcohol Abuse Assessment & Treatment * Criminal Record * Increased Insurance Rates * Cancellation of Insurance * Job loss * Required Community Service * Mandatory Alcohol Safety School
5. Burns, Speights & Grisham: If you have been arrested for a charge of driving under the influence (DUI) in the metro Atlanta area, your immediate concerns are clear: You want to avoid jail time, keep your driving privileges, and put this legal problem behind you as soon as possible. * Is there reason to question the reliability of the Breathalyzer test that was used to measure your alleged intoxication? * Were procedures related to "implied consent" followed properly when you were stopped, tested and arrested? (Did the police inform you of your rights?)
6. Ballinger & Associates: When a loved one is charged with a crime it can be a very intimidating and trying time. It may be scary because you or your loved one may not know what to do after being charged with a crime. It is helpful to speak to a qualified attorney who has knowledge of the criminal procedure and experience in and out of the courtroom.