Accidents and Serious Injuries by Vehicle in Georgia DUI Cases
Georgia DUI Accident Lawyer - Georgia DUI Accident Attorney
The majority of DUI cases in Georgia are considered misdemeanors. There are several actors however that can lead cases, even first time DUI offenses, to be upgraded to felonies or potentially at least misdemeanors with more severe penalties. If you have been involved in a DUI where an accident or hit and run occurred, your case can be considered particularly serious by Georgia prosecutors. Under Georgia DUI law, if you cause another person bodily harm while driving under the influence of alcohol or drugs or by driving recklessly you can be charged with the felony offense of Serious Injury by Vehicle.
Georgia Code Section § 40-6-394 defines a serious injury as “caus[ing] bodily hard to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 4-6-390 [reckless driving] or 40-6-391 [DUI].” The statute's description is vague and what constitutes serious disfigurement is a question left for the jury. Other statutes define serious injury as a fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness. To be “serious,” the injury does not need to be permanent – a serious, temporary injury is sufficient and only needs to impair or injure the appearance of a person.
If someone is serious injured due to an alleged DUI driver, the driver will be charged with a felony that result in up to 15 years in prison. Even the injured party is your own passenger or family member, you can be charged with a felony that can result in 15 years in jail. So, please take this charge with the utmost seriousness. Our attorneys are trained by the same people who are people who are prosecuting your case. Put our experience to work for you.
There is Hope - There are Defenses - Our Experience is the Difference
Georgia DUI Lawyer Richard Lawson has almost 20 Years experience handling DUI cases involving accidents and serious injury by vehicle. In fact, he started his career prosecuting those cases almost 20 years ago. You are not alone. Hire the attorney that know both sides of your case. Knowing how the prosecution thinks will help in your defense. Understanding prosecution tactics gives you the advantage.
More than 17 years ago DUI Lawyer Richard Lawson prosecuted his first Felony Vehicular Homicide Case. As a prosecutor, he handled many DUI Cases and Serious Injury by Vehicle cases. As a Georgia DUI Defense Attorney he has successfully defended several Serious Injury by Vehicle by Vehicle cases throughout Georgia.
Today Georgia DUI Attorney Richard Lawson exclusively handles only DUI cases in Georgia. Never forget that the prosecution cannot convict you of the serious injury by vehicle charge unless they can win the DUI case against you. So, your defense begins with a defense of the DUI case. That's what we do at our office. Our office offers the Best DUI Defense in Georgia.
DUI cases in Georgia can be defended. Even if you allegedly failed a breath or blood test does not mean you are guilty of the DUI, and as a result the serious injury by vehicle. Georgia DUI Attorney Richard Lawson has been handling cases throughout Metro Atlanta and throughout North Georgia for more than 17 years. Put his experience to use for you.
How is Serious Injury by Vehicle Defined in Georgia?
What amounts to serious injury has been broadly interpreted by Georgia courts. The following injuries were determined to be serious enough to support the offense of Serious Injury by Vehicle: loss of vision in one eye, blurry vision, a two inch scar on forehead, broken ribs and severe bruising.
In any DUI Serious Injury By Vehicle case, the State must prove that any serious injuries were caused by your act of driving under the influence of alcohol or drugs. This can be as simple as showing that if you had not caused a collision with the victim's car, the victim would not have been injured even if the victim's own actions made injury more likely.
The State has an advantage in cases involving the offense of Serious Injury by Vehicle because Georgia's implied consent law states that any person involved in a traffic accident resulting in serious injuries or fatalities must submit to a blood test with drug screen even when a person has not been arrested for DUI prior to the police officer requesting a chemical test.
The officer still must have probable cause to believe that you had been driving under the influence of alcohol and that a serious injury had resulted from the accident at the time implied consent is read and the test is requested, however. If the officer does not read the required implied consent notice, the results of the State test will not be admissible as evidence against you at trial.
The penalties of being convicted of DUI Serious Injury by Vehicle are severe and this charge should not be taken lightly. Serious Injury by Vehicle is a felony offense in Georgia and punishable by imprisonment for not less that one year nor more than 15 years. In addition, the minimum license suspension period is three years with no early reinstatement and you will not be eligible for a limited driving permit.
Serious Injury by Vehicle is a very controversial charge and the State is likely to invest a greater amount of time, money, and effort into the prosecution of these cases. Our office works closely with accident reconstruction experts who will investigate the circumstances of the accident and give light to the deficiencies and inaccuracies of the police investigation. Because the risks are high, you will need the assistance of a knowledgeable and experienced DUI specialist by your side from the very beginning to guide you through the court process and evaluate your case for any available defenses to the charge.
Resources are the Difference
The prosecutors will bring together the resources of the entire State of Georgia against you in order to achieve a felony DUI conviction. You start the case out-numbered and out-gunned. Hire our team of Georgia DUI Attorneys and expert witnesses in order present your counter-attack and win. Winning your Georgia DUI case does not happen without a team of dedicated professionals devoted to your Georgia DUI Defense.
Specifically, if serious injuries to yourself or others were a result of DUI, you could face lengthy, life altering sentences. In these cases, it is even more crucial that you contact our Georgia DUI lawyers for help. We work closely with the best investigators, field sobriety experts and expert medical witnesses across the country. In cases involving serious accidents, we also can talk about employing an accident reconstructionist and other specialists who can help challenge the State's case against you.
Results that Matter - Winning Your Case:
The Law Offices of Richard S. Lawson is Georgia's DUI lawyer with over 20 years of experience in these types of DUI defenses. Mr. Lawson's career long commitment to DUI law allows his firm to develop and utilize powerful resources to assist clients who face charges of a serious accident or injury in a Georgia DUI case.
Our office can be contacted 24 hours a day, 7 days a week. Call or email us now. Your freedom is at stake, and your case will not defend itself and will not go away. We are always here to help 365 days a year, 24 hours a day. Your best defense begins here!