What
is driving under the influence (DUI)?
Driving under the influence is legally defined as (a) driving while
impaired by drugs and/or alcohol or (b) driving with a blood alcohol
concentration of 0.08% or higher.
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What
is (BAC) Blood Alcohol Concentration?
Blood alcohol concentration (BAC) refers to the amount of ethyl alcohol
that is present in a person’s blood stream. A person’s
BAC can be determined through the administration of a breath, blood,
or urine test.
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What
are the legal penalties for DUI?
The maximum penalty allowed by Georgia law is up to one year in jail
and a fine of $1000.oo plus all additional surcharges (kind of like
taxes). The penalties for DUI convictions vary and will depend upon
several factors.
If a person is convicted of first lifetime DUI, he/she may be sentenced
with some jail time, fines, DUI School, community service, probation,
and driver’s license suspension. In some situations, there
is a possibility to get a limited work permit during the 120 suspension
period.
Aggravated factors include multiple DUI prior convictions, past criminal
history, and if an accident or injury was involved.
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Why
Hire a DUI Attorney?
If you have been charged with DUI, it is important that you hire a skilled
DUI Defense Attorney. By hiring a DUI Defense Lawyer, you ensure
that your rights and best interests will remain protected throughout
the criminal process. I brought to court DUI offenses for eight
years as a prosecutor for the State of Georgia in the Augusta area.
DUI law is complex. For instance, if you don’t appeal the
Administrative License Hearing, you will have a double suspension on
your license. Additionally, pleading to DUI and Child Endangerment
DUI (by having a minor in the vehicle when stopped) will result in a
double DUI suspension and you will be treated as two Time DUI criminal.
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What
are Miranda Rights?
Once a person is placed under custodial arrest, Miranda Rights must
be read to the suspect by law enforcement. Miranda Rights inform
a person of his/her right to remain silent, right to an attorney, and
right to have an attorney appointed to him/her. Sadly, Miranda does
not have to be read in order to have Field Sobriety Tests. Miranda
kicks in upon custodial arrest and usually applies to statements made
during officer questioning. Custodial arrest is defined when a
person does not have the right to leave not just when the suspect is
handcuffed.
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Do
I have the Right to an Attorney before I take the state test?
Under current Georgia Law YOU DON’T.
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Can
I drive after my arrest for DUI?
If a person’s BAC is 0.08% or higher, the driver’s license
will be confiscated by the Officer, and he/she will be given a temporary
driver’s permit. This permit will allow the person to drive
for up to 30 days or to arraignment (the initial court appearance).
After the 30 day period, the person’s driving privileges will
be automatically suspended. The suspension can be appealed within 10
business days after your arrest to contest the suspension of your driver’s
license. If you appeal the driver’s suspension, your driving
privileges will be extended to the Administrative License Hearing date
usually 60 days after the arrest. If the person does not schedule
a DMV Hearing, his/her driving privileges will remain suspended.
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What
are Field Sobriety Tests (FST)?
Field sobriety tests (FST) are agility tests that are used by law enforcement
to determine if a person is impaired by drugs and/or alcohol.
If a person is believed to have been driving while under the influence,
law enforcement may request that the person perform a series of field
sobriety tests before deciding to make a DUI arrest.
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Can
I represent myself and save on attorney fees?
Of Course, you can represent yourself. It is a constitutional
right. However, it may not be in your best interest to
do so and Judges do not encourage it. Beware because if
you represent yourself, you will be treated in court like any other
Attorney and will be compelled to file the correct
motions and make the correct objections without the assistance of the
court. Non-lawyers representing themselves are not given any concessions;
they are expected to know the law and the Court Rules and Procedures.
Furthermore, your case is just another case number of many in the criminal
system. There is pressure to resolve cases without a trial to
make the system more efficient and to lessen the never ending stream
of backlog cases. Prosecutors always believe the officers’
version of the events, not yours. I have had a prosecutor recently
tell me, “Why do you believe your client? He is guilty”.
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What
happens at the Administrative License Hearing?
The Police officer serves as a prosecutor and will present evidence
against the person charged and argue why the person should not have
his/her driving privileges reinstated. It is crucial that the
Client’s DUI attorney cross-examine the officer and argue your
case to the Administrative law judge who will make a final ruling after
carefully reviewing the case facts and evidence as presented by the
officer and your attorney.
If the Administrative
Law Judge finds that the person is guilty, the person will lose his/her
driving privileges for a set period of time. However, if the DMV
representative finds that the person is not guilty, the person’s
driving privileges will be reinstated. If the officer fails to
appear at the hearing, your driving privileges will most likely be reinstated
upon a Motion to Dismiss by your Attorney.
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Can
I Represent Myself at the Administrative License Hearing?
Often times, people choose to defend themselves during their DMV Hearings.
This is usually not the best idea as most people are not equipped with
the training and knowledge it takes to successfully plead their case.
In these cases, it is always beneficial to retain the services of a
reliable DUI Defense Attorney. A DUI Defense Attorney can defend
a person during his/her DMV Hearing, challenge evidence, question the
arresting officer’s testimony, and also help the person obtain
a hardship license. Additionally, an attorney will have the testimony
of the officer recorded to be used later, if necessary, at trial in
case of any inconsistency.
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How
much are the court fines going to be?
The maximum penalty is $1000.00 plus additional surcharges (like taxes).
It also depends on the Judge, the Court, and any aggravating factors,
for instance an accident with injuries. However, the average fine
is around $700.00.
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How
much will hiring an attorney cost me?
Good question, but Attorney fees vary depending upon several factors,
such as whether there was an accident, injuries, a prior record, and
other aggravating factors. It will also depend on what services
you require. For instance, a lengthy jury trial is usually more
time consuming than a negotiated plea. Additionally, the Public
Defender's Office can assist in appointing an attorney for indigent
defendants.
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What
results have you obtained for your clients?
No one can guarantee any results. Every case is treated individually.
However, these are a few of my cases:
1. A DUI
charge after a one car accident with a passenger and a child.
The driver blew a .16 (twice the legal limit) on both breath tests.
The driver also held a Commercial Driver’s License, so that
even a reduction in the charges to a Reckless Driving would suspend
the CDL and the driver would lose his employment. The driver
originally was charged with:
• DUI Child
Endangerment
• Failure to Maintain Lane
• Speeding
• No Seatbelt
He pleaded to
Too Fast For Conditions and Failure to Exercise Due Care, which does
not carry any points for licensing purposes. All the other charges
were dismissed. He was given no jail time, just probation and
a $794.00 fine.
2. A
soldier with a high security clearance was charged with DUI .10 on
Interstate 20 after attending a concert in Atlanta.
The case
was dismissed. No court costs.
3.
A client charged with DUI refusal.
His case
was reduced to a Reckless Driving with a fine and community service.
No jail time.
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