If you are arrested for DUI in North Georgia, Call North Georgia DUI Lawyer Richard Lawson
Richard Lawson started his career in North Georgia as a DUI Prosecutor. For more than 25 years, he has defended people charged with DUI throughout all of North Georgia. Defending the rights of drivers in North Georgia is the total and complete focus of Richard Lawson's law practice. The State has unlimited resources. Our office will fight the State at every turn.
Put the resources of North Georgia's top-rated and most reviewed DUI defense firm. Our reviews can be found on Avvo. Contact North Georgia's premiere DUI Defense Practice for immediate attention. Your Best Defense Begins Here. You need a North Georgia DUI Attorney today to defend your rights, your freedom, and your ability to continue to drive lawfully. We will also provide you the North Georgia DUI Information you need to build your best North Georgia DUI Defense.
Our Experience and Training is the Difference
More than 25 years ago, Richard Lawson began his career as a prosecutor in the North Georgia, Enotah Judicial Circuit, serving Lumpkin County, White County, Union County, and Towns County. During that time, he was trained to prosecute DUI cases the way they are prosecuted in North Georgia. People that assume there is no difference in the manner cases are prosecuted and defended in North Georgia DO NOT UNDERSTAND NORTH GEORGIA. The people of North Georgia have their values and their way of doing things. It's important to have a lawyer that understands how things are done in North Georgia and knows how to get things done.
Act Now to Protect Your Rights - North Georgia DUI Attorney
Hire the North Georgia DUI Attorney with the experience you need to restore your right to drive and to fight your case. You only have thirty days from the date of your arrest to protect your privilege to drive. Your North Georgia DUI Lawyer will send your thirty-day letter, investigate your case, begin plea negotiations, file your motions which challenge the evidence in your case, prepare and conduct your trial. It all starts with the 30-Day Letter. Your North Georgia DUI Defense Lawyers are here to help.
30-Day Warning!!!
If you have been arrested for DUI in Georgia, you only have thirty days to file an appeal to protect your right to drive in Georgia. If you are an out of state driver, this warning also appeals to you. With an appeal and an ALS Hearing, your license can be suspended for up to one year, without a permit to drive. If you took the breath test or if you refused (or falsely charged with refusing), you need a 30-day letter. Act now to protect your right to drive. If you don't act, your license will most certainly be suspended.
Our office is always available and ready to help. With an appointment, visit our two offices in North Georgia. [ North Georgia Office #1 & North Georgia Office #2. ] Every case has hope. Every case has potential defenses. Our office is always happy to discuss your case and provided you options. You don't have to go to jail. You don't have to lose your ability to drive. Call Now for immediate attention. Your best DUI defense begins here. Contact us 24 hours a day, 7 days a week. North Georgia DUI Defense Attorneys are here to help.
North Georgia DUI Practice Areas
Georgia DUI by Out of State Driver
Being an out of state driver can change how your case is handled in regards to license suspension. Some states will not recognize a Georgia suspension, but states with harsher DUI laws may suspend your driver's license for a period significantly longer than you would have faced as a Georgia driver's license holder. If you have been arrested for DUI in North Georgia but have an out of state license, it is important to contact a DUI attorney who has experience in dealing with the issues specific to out of state licensees. Doing so can keep you driving; whether you intend to remain in Georgia or return to your home state.
Even if this is your first DUI arrest in North Georgia, there can be severe penalties including a license suspension, jail time, a fine, community service, probation and other conditions. Fighting your first DUI charge is important and can prevent future bias and harsher consequences if you are ever arrested in the future. You will need a North Georgia DUI attorney to investigate and determine whether any defenses exist in your case. Many times people fail to fight their first offense, and the result is an unplanned second offense. Your 1st Georgia DUI can be fought.
If you are arrested for a second DUI in North Georgia, you could be facing a minimum of 72 hours in jail, a three-year license suspension, installation of an ignition interlock device, and substance abuse counseling. There may be particular approaches to how to proceed in your case depending on how your first conviction was handled. The penalties can be severe, so it is essential that you contact a North GA DUI attorney to talk about the details of your case and your prior conviction.
A 3rd DUI within ten years in North Georgia is a high and aggravated misdemeanor offense. The minimum penalty is 15 days in jail and a $1,000.00 fine. Other mandatory requirements are 30 days (240 hours) community service, DUI school, 12 months probation less any time served in jail, a clinical evaluation and any recommended substance abuse treatment. You could also be declared a habitual violator and your license will be revoked for a 5-year period if this is your 3rd DUI within 5 years.
If you have been arrested for a 4th DUI in Georgia since 2008, you will be charged with Felony DUI in North Georgia. The minimum penalty is a one year jail sentence of which all but 90 days can be probated, with credit for any time served after arrest, and a $1,000.00 fine, but the maximum penalty is 5 years in jail and a $5,000.00 fine plus court surcharges. Other mandatory requirements are 60 days (480 hours) community service, DUI school, 5 years probation less any time served in jail, a clinical evaluation and any recommended substance abuse treatment. you are facing a felony charge, you need immediate assistance from an experienced DUI attorney in North Georgia.
If you are convicted of committing certain offenses three or more times within a five year period you will be declared a habitual violator. You will be facing a driver's license revocation for five years. Your would qualify for a restricted permit (with ignition interlock) after 2 years. If you are convicted for operating a vehicle while your license is revoked you will be guilty of a felony offense. You may have options if you are facing declaration as a habitual violator so contact a North Georgia DUI lawyer today.
Any driver that refuses to take a state-administered test or if a chemical test shows that your BAC was 0.08 grams percent or more will face an administrative license suspension. This can be up to a one year suspension, and you only have 30 days from your arrest date to appeal the suspension. If you take the breath test, you may be able to get a permit to drive, even if you register greater than .08. A North Georgia DUI attorney may be able to keep you driving if you contact our office soon after your DUI arrest.
Georgia's DUI laws are complex and carry severe penalties that can drastically impact your life. You are facing jail time, fines, probation and a license suspension. One of the worst things you can do is walk into a courtroom for the first time completely unprepared with little or no knowledge of how to proceed. An attorney will help you understand the strengths and weaknesses of your case and will provide you with information so that you know exactly what to expect at each stage of your case.
Violation of Probation in Georgia
In addition to violating the terms of your probation, any new arrest must also be addressed as a separate case. It is likely, though, that the new offense will be used to revoke or modify your probation long before you have resolved the offense itself. That means you will likely face consequences from the new charge even if that case is ultimately dismissed or you are found “not guilty” simply because you were on probation when you were accused of the new charge. You can also be revoked for technical violations of probation in North Georgia. A technical violation of probation is usually as a result of failure to report to probation, failure to report to probation as directly, or failure to pay fines and do community service.
Georgia DUI Child Endangerment
Child Endangerment is considered a separate DUI offense. This means that if you are arrested for DUI while a child under the age of 14 is a passenger in your vehicle you will be charged with two separate DUI offenses and will be facing increased penalties including jail time and a significantly longer license suspension with no limited use permit. Even if you have never before been charged with a crime, if you are arrested for DUI while three children under the age of 14 are riding with you, you will be charged with three separate DUI offenses and you will be guilty of a felony.
Minor in Possession of Alcohol MIP
MIP charges can result in a license suspension and even punishments from your school, including expulsion. A North Georgia attorney may be able to negotiate a plea so that the charge is dismissed after you complete certain conditions such as community service and the payment of a fine so that a single mistake does not follow you for the rest of your life. You may qualify for a diversion program and possible expungment thereafter. You may also qualify for additional community service in lieu of high fines.
Choosing a DUI Lawyer in Georgia
North Georgia DUI Defense is complicated and should only be handled by attorneys knowledgeable about the latest case law and DUI defenses. Attorney Richard Lawson has specialized in DUI defense for over 20 years and knows many of the prosecutors and judges who will directly impact the outcome of your case. As a person who started his career as a North Georgia Prosecutor, he knows the ins and outs of your case from both sides. Put his experience to work for you today.
A North Georgia DUI attorney will conduct a full investigation of the circumstances of your arrest and evaluate your case for any possible defenses. Defending a DUI charge in Georgia requires knowledge of proper stop and arrest procedure, blood alcohol concentration and testing, constitutional law, field sobriety testing, sentencing and driver's license implications. There may also be ways to get incriminating evidence suppressed so that it cannot be used against you at trial, including any results of a chemical test to which you have submitted.
Breath Tests and Blood Tests in Georgia DUI Cases
If you submitted to a breath or blood test of your blood alcohol concentration, this may be the most damaging evidence against you in your DUI case. Challenging the validity of test results and the testing conditions with the help of expert testimony can lead to the results being suppressed and inadmissible at trial. Issues involving improper reading or explaining of the Georgia Implied Consent Warning can also lead lead to the breath test being thrown out. Never assume the accuracy of a Georgia breath test.
Many factors can affect the reliability of field sobriety tests including medical conditions, road conditions, the age or weight of the driver and environmental conditions. Many people have difficulty with these evaluations when they are sober and your nervousness when interacting will likely make you perform more poorly than you would otherwise. An attorney can challenge the reliability and accuracy of the field sobriety tests, the circumstances of the testing conditions, the qualification of the law enforcement officer, and how they were scored.
Accidents and Serious Injury by Vehicle in Georgia
If you were involved in an alcohol-related car accident that lead to your DUI arrest, the penalties can be severe. This is especially true if the accident resulted in serious injuries. DUI Serious Injury by Vehicle is a felony offense in Georgia. You will need immediate legal assistance to proceed with this type of charge. Even accidents that don't involve serious injuries can cause increased penalties. Georgia prosecutors and judges are very concerned with DUI's that involves accidents and increase punishments as a result. You don't have to face harsh punishments. Call today to protect your rights. Your best defense begins here.
Vehicular homicide is considered one of North Georgia's most serious criminal charges and carries the harshest consequences. Because the risks are high, it is imperative that you contact a DUI attorney today to talk about your case. You are facing up to 15 years in prison with a Felony Vehicular Homicide. You can also be charged with Misdemeanor Vehicular Homicide as a result of someone being killed as a result of a person being guilty of a minor traffic offense. Both offenses are very serious and need immediate legal attention.
Possession of Marijuana in Georgia
Even if you were not driving, a marijuana possession charge can lead to a license suspension. If you are a student, you may also face the loss of your financial aid and be required to repay any aid already received. Depending on the amount you are charged with possessing, a North Georgia attorney in our office may be able to negotiate a dismissal of the charge after you complete certain conditions. There are options in diversion programs and first offender treatment. Sometimes even expungment is possible. Act now to protect your lifetime criminal record.
Each DUI case in North Georgia has a particular sequence of events that take place, and a North Georgia DUI lawyer can ensure that your case proceeds smoothly and that you understand what to expect throughout the process. An experienced and well-trained DUI attorney in will be essential to your ability to defend your case. An attorney will know how to utilize best each stage in the case proceeding to get you the best possible outcome. The first step is the 30-day letter. The second step is your investigation. Then plea bargaining and your trial.
Not all DUI cases proceed in the same way. If your case is heard in a Municipal Court, you may have different options than if your case had begun in a county State or Superior Court. Understanding the differences between the courts and how your case will be handled will enable you to make informed decisions in your case.
When you are stopped at a roadblock, no matter the primary purpose of the checkpoint, the officer will be looking for signs of intoxication – bloodshot eyes, the smell of alcohol, open containers in the vehicle, slurred speech and other “suspicious” behavior. You are required to provide identifying information such as your name, address, driver's license, and registration., but you are not required to say anything further. You do not have to answer any questions about alcohol or drug use. If you were stopped at a roadblock and feel as if the officers did not follow proper protocol or that your rights were not upheld, you need to contact a DUI attorney in North GA today.
A license suspension can lead to an endless cycle of charges and arrests if you need to drive but are unable to timely reinstate your license. If you are arrested for driving on a suspended license, you will face an additional suspension as well as jail time and a fine. Our office may be able to help you reinstate your license and lessen the consequences of the new charge. Once the suspended license cycle ends, we will help your restore your drivers license and get you legal to drive in Georgia.
Refusal of Breath and Blood Testing
By state law, you are required to submit to chemical testing to determine if you are under the influence of alcohol or drugs if you are arrested for DUI. Any person who refuses to take the test requested by the officer will have their Georgia driver's license suspended for a minimum period of one year and your refusal can be used against you at trial. If your license is suspended due to your refusal to take a State test, you will not be eligible for a limited-use driving permit. It is important to hire a Georgia DUI attorney soon after arrest to prevent this suspension. We will send your 30-day letter and protect your right to drive in Georgia.
DUI Lawyer Richard Lawson is a former DUI Prosecutor with over 20 years experience defending people accused of driving under the influence in North Georgia. His practice is exclusively devoted to DUI Defense. It is for the clients to decide if our office is the best office. Our office is the top-rated DUI Defense Firm in North Georgia. You can read our reviews on AVVO. Call 24/7 to speak to him and get the Best North Georgia DUI Defense.
There are many potential outcomes to a DUI charge. It is possible for a DUI charge to be reduced to a lesser charge like Reckless Driving that does not carry a license suspension without having to proceed with a trial. Other cases may have strong defenses that could lead to a favorable negotiation if key evidence is deemed inadmissible at trial. Sometimes winning the case means a favorable plea bargain or taking the case to trial. Some cases are won by filing motions to suppress evidence and arguing those motions in court. Call our office today to discuss what the best course of action is in your case.
In some cases, your circumstances can play a significant role in what conditions are ordered during sentencing. There are certain mandatory conditions in DUI cases, but many terms and conditions that can significantly impact your life will be negotiable. Intensive probation, work-release, house arrest, ankle monitoring, counseling, and treatment are alternatives to jail time. So is the North Georgia DUI Court Program or North Georgia Drug Court. A North GA DUI lawyer can negotiate a sentence that is appropriate for your circumstances.
Georgia DUI Plea Bargains Georgia DUI Trials
A trial in a DUI case is not always the best option in every case. Our North Georgia DUI Attorneys will try to negotiate a plea bargain with the prosecution so that we can be involved in the process of setting the terms and conditions of your sentencing, whether it be to the DUI charge or a reduced charge. If a favorable plea bargain or reduction to reckless driving is not possible, our attorneys can take your case to trial. We never exhaust any option to help you reach a favorable outcome. Contact us today to begin your Best Possible North Georgia DUI Defense.
DUI Under 21 Years Old Teenage DUI in Georgia
Because the laws are different, strategies for defending an underage DUI can be very different from those for drivers 21 or older. The charge can also impact your enrollment in college, financial aid, and ability to get a limited driving permit. Many other charges can also impact the license suspension period if you are convicted that will run consecutive to any suspension imposed after a DUI conviction. Our North Georgia DUI Lawyers are trained to the special needs of teenage drivers and youthful offenders in North Georgia. These cases are different and need expert attention.
Your ability to defend yourself against a DUI charge will be much more difficult if you have prior DUI convictions, no matter how many years ago. These convictions could be presented to the jury and used against you at trial. You will also face harsher sentences, longer license suspensions and increased jail time due to having a prior criminal record, which is why you will need the a DUI specialist to minimize the impact of prior convictions in fighting your current charges. There are defenses in cases where our clients have had previous DUI's on their record.
There are different procedures when handling a DUI drugs charge as opposed to a DUI alcohol charge. The officer will typically conduct a separate battery of field sobriety evaluations and the presence of drugs in your vehicle may also be used as evidence supporting the DUI charge. The consequences for DUI Drugs can include a longer drivers license suspension with no limited driving permit. If drugs are found in your possession, you can also be charged with felony possession of the drugs found. This does not have to happen. Call today for immediate help.
DUI Court is a program for repeat DUI offenders that is supervised by a judge and typically requires a one-year commitment. Any violation of the terms of the program can lead to severe consequences including additional jail time. There may be multiple court appearances every month and random drug testing and screening as well as other intervention tactics such as counseling and treatment. Entering a DUI Court Program should never be treated lightly. If you fail to conform to the rules of the program, you will be sanctioned. Those sanctions can exceed the jail-time you would have received had you not entered into the program.
Penalties for a DUI conviction can be a combination of community service hours, a fine, license suspension, DUI school, substance abuse evaluation and treatment, probation with random drug and alcohol testing, jail time, attendance at a victim impact panel, and numerous other possible conditions. Penalties can vary based on many factors including any aggravating factors during the arrest such as the involvement of a car accident, injuries of others involved, and the level of intoxication if known. The length of the license suspension can also be dependent on your age at the time of sentencing, whether you have an out of state license, whether you were intoxicated by drugs or alcohol, and whether you submitted to or took the requested chemical test.
Most DUI cases involve some other traffic related offense. The most common reason an officer will stop your vehicle will be due to you committing a traffic offense such as speeding, improper lane change, an equipment violation, or expired registration. Many people are stopped for improper lane change but turn signals are only required in certain traffic conditions and so a turn signal may not have been necessary in your case. If the original reason for the traffic stop is successfully challenged, the DUI charges may be dismissed. There must be a reason (articulable suspicion) to pull you over in order for the DUI arrest to be valid.
Any case involving a person under the age of 21 requires special attention due to the range of consequences the person may face; including possible expulsion from school, loss of financial aid and the repayment of any aid already received, license suspension without eligibility for a limited use permit, and a permanent criminal record that could follow them for the rest of their life. Our attorneys will try to negotiate any outcome that will result in the charges being dismissed so that this mistake will not affect your future or your child's future.
Even if you are taking a prescribed medication, you can still be charged with DUI in Georgia if you are taking a higher dosage than prescribed that has impaired your ability to drive. Even over the counter medications can lead to a DUI. This is an area of the law that is still developing and you will need an attorney knowledgeable about current case law as well as pending appeals that may affect the outcome of your case. Richard Lawson has published a booklet on prescription drug DUI. Never plead guilty to Prescription Drug DUI in Georgia until Mr. Lawson and our expert witnesses review your case.
DUI Marijuana charges are increasingly common in North Georgia and carry a six-month license suspension with no ability to obtain a limited use permit, which is a much more severe suspension period compared to DUI Alcohol. You will need a North Georgia DUI attorney who is knowledgeable about the amount of time the drug stays in your system, the field sobriety tests used in DUI drug cases, and the impairment ability of the marijuana metabolites that are commonly tested for, if a test was done. Never assume guilty even if there is marijuana metabolites in your blood or urine. That does not mean you are impaired by marijuana or under the influence of drugs.
Hit and Run - Leaving the Scene of an Accident
Whether you are charged with Hit and Run or Leaving the Scene of an Accident, you are facing a serious charge in Georgia that can lead to a driver's license suspension or aggravated penalties if you were also charged with DUI. These are not charges to take lightly, and you may have defenses that could lead to a reduction of a lesser charge or a dismissal. Prosecutors in North Georgia take hit and run and leaving the scene of an accident seriously. You must act quickly to protect your right to drive and your freedom. Call our office today to see what options are available to you.
Hit and run in Georgia can include being in an accident with another driver or an accident that involves property damage. It can also include destroying the property of another as well. If you are in an accident, Georgia Law requires you to stop and render aid or exchange insurance information. If you fail to do so, you will be charged with one of the most serious misdemeanor offenses in Georgia. Act now to protect your rights and your freedom. The alternative is serious punishments in Georgia.
Leaving the Scene of an Accident
If you leave the scene of an accident in Georgia, call a Georgia Lawyer as soon as possible. Very often, once a person comes to their senses, they realize the seriousness of their immediate problem. Our lawyers will help you turn yourself in, bond out, and present your defenses. Don't let the police come to you. Act first to turn yourself in and begin your defense. If you come forward, you will undoubtedly be treated my leniently. You will show that once you came to your senses, you did the right thing. This type of offense is a crime of specific intent. Coming forward quickly will assure that you show the prosecutor that you faced a momentary lapse of judgment instead of a character flaw. Call today to set things right and to protect your rights.
Reckless Driving is a serious traffic offense but does not require a license suspension or jail time upon conviction. In North Georgia, courts can reduce a pending DUI charge to Reckless Driving. It can never be presumed that your charge will be reduced to a lesser offense in a DUI case. Our office will investigate your case to see if the facts warrant a possible reduction. We will find the best possible outcome to your North Georgia Reckless Driving offense. Also, if charged with DUI in North Georgia, we will look to get your case reduced to reckless driving.
If you are arrested for DUI in North Georgia, you will face severe penalties whether it is your first, second, or subsequent offense. The DUI laws are constantly changing and vary State to State. The laws are applied differently to different types of drivers whether you are under 21, 21 or older, an out of state license holder, or driving a commercial vehicle. You will need the help of an experienced North Georgia DUI lawyer from the very beginning to evaluate your case and fight for a fair sentencing. Our North Georgia DUI Attorneys are always here to help. Hire a North Georgia DUI Attorney today. Only North Georgia DUI Lawyers understand how to defend your case, your freedom, and your drivers license.
If your child is younger than 17 years old at the time of your arrest, your case will go to a North Georgia Juvenile Court. The laws are applied differently in Juvenile Court, and all parties must act in the best interest of the minor child. Our Juvenile DUI Attorneys are experienced in handling cases in Juvenile Court and can guide you through this different process. If your child is charged with a Juvenile DUI in North Georgia, we can get you an outcome in the best interest of your child.
Racing in Georgia is a serious traffic offense that requires a mandatory license suspension if you are convicted. Any prior racing offense in a five year period can cause you to be ineligible for a limited driving permit in your DUI Case. It is important to give your attorney your full driving history so that you receive complete and accurate advice regarding the possible consequences and complications in your DUI case. Racing can be reduced to other less serious offenses. That can save you from a criminal record and license suspension.
Many DUI cases start as an ordinary traffic ticket stop such as speeding. It can be argued that speeding takes more vehicle control, which can contradict the allegation of being an impaired driver. If you are charged with speeding with you DUI offense in North Georgia, never concede you were speeding. Without probable cause to pull you over, the DUI charge against you will collapse.
Failure to maintain lane is one of the most common traffic offenses leading to DUI arrests. This charge can either mean weaving on the roadway, crossing the fog line, or improper lane change without using a turn signal. There are many defenses to this charge including certain traffic conditions at the time of the offense that can lead to a dismissal of the entire case. You are legally entitled to leave your lane of traffic if you first ascertain that it is safe to do so. So, the arresting police officer may actually have a problem making out the failure to maintain lane case against you. Without the predicate offense, the State cannot prosecute the DUI against you.
Following Too Closely is most commonly charged if you've been involved in a car accident. Any car accident can be used as evidence of impaired driving ability, especially when coupled with evidence of alcohol consumption. The penalties in a DUI case are likely to be more severe when a car accident is involved especially if another person or property was injured or damaged. Sometimes the accident is the other driver's fault. Our experienced North Georgia Lawyers can help determine the fault in your accident to protect your rights.
Fleeing or Attempting to Elude
Fleeing and eluding a police officer in Georgia can be anything from not stopping when the blue lights are activated, to delayed stopping, to an actual high-speed chase. As a result, the penalties can vary depending on the criminal act itself and the danger to civilians and police officers. In all instances, the offense is very serious and can result in consequences such as loss of license, and time in jail. Most of the time a person comes to their senses and stops. If the fleeing and eluding is combined with a DUI charge, many drivers don't notice the police do to impairment. There are several potential defenses to fleeing and attempting to elude a Georgia, police officer.
Commercial licenses are key to the livelihood of commercial drivers. If you are facing a disqualification of your commercial driving privileges, you will need an attorney experienced in the issues that are specific to commercial drivers. It may be possible to prevent points from being assessed or from having the offense reported on your MVR. If you receive a North Georgia DUI and have a CDL, you are facing consequences that can result in a one-year driver's license suspension for a first offense and a lifetime ban for a second DUI in Georgia. These penalties can be avoided. Contact Georgia's CDL experts today.
Obstruction is a serious offense and that is why you need a serious defense. You can be charged with obstruction if you resist arrest in any way -even pulling away when the officer tries to handcuff you. If the police officer feels you are acting with violence towards him or her, you can be facing felony obstruction charges. You can also be accused of a misdemeanor if you give false information or run from the police. Of course, fighting with the police or hindering an arrest can be charged as Felony Obstruction. In the case of DUI, obstruction can come as a result of misbehavior (even unintentionally) by the driver due to his impairment.
Juvenile court offers many protections for young alleged offenders - but there are severe consequences as well. Juvenile incarceration takes place at regional detention centers and can be both short and long term. Many times our Juvenile defense attorneys can negotiate for the parent to take custody of their child at home. Any time a young person faces a charge of the court system, it can be serious and confusing. The Juvenile system is based on promoting the best interest of your child. Our Juvenile lawyers are trained to look out for the best interest of juvenile offender and the parents who love them. Let out juvenile defense lawyers help you get the best possible results. We are here 24/7 to help.
If you have been cited for a traffic ticket involving an accident in North Georgia, time is of the essence. You are facing additional penalties and consequences. You are facing a North Georgia Prosecution that will fixate on the accident and the damages done to the other driver. However, many prosecutors assume the DUI Driver is automatically responsible for the crash, and nothing could be further from the truth. Being under the influence of alcohol does not mean you are responsible for the car accident. The other driver could still be at fault or have contributed to the accident. We never assume guilt at our office.
Appealing a DUI Conviction in Georgia
There is a very short period to file an appeal after being convicted of DUI. You must file the appeal of your conviction within 30 days after the conviction. That can include either filing a direct appeal or a motion for new trial in the trial court. You will waive your right to appeal your conviction if certain paperwork is not timely filed, so you need to contact an experienced appellate advocate today if you are considering appealing a conviction in North Georgia. Contact us today to file your appeal or your motion for new trial in North Georgia.
Most DUI investigations and arrests begin with a routine traffic stop. Then your performance on field sobriety evaluations could give the officer probable cause to arrest. Then the results of a chemical test could prove you were under the influence of drugs or alcohol. But if the officer did not have cause to stop your vehicle or the officer was not trained to administer those tests, or did not follow proper procedure when requesting a test the entire arrest could collapse. There are many defenses to a DUI charge in Georgia, and your DUI attorney will evaluate the circumstances of your case.
Following too closely and speeding at excessive rates and using profanity and cutting off other drivers can get you pulled over, but these driving offenses can also support a charge of aggressive driving which is a serious traffic offense in Georgia that could cost you your license.
At age 17 you are an adult in Georgia if Arrested
As a 17-year-old your case will be tried as if you were an adult. Having a criminal record no matter your age can bring the possibility of expulsion from school as well as affect your ability to get into college, qualify for financial aid and student loans, auto insurance, renting an apartment, and your future employment opportunities. It is important that your case is handled properly from the start, so call an attorney today.
A charge of boating under the influence is similar, but also very different from a DUI charge in Georgia. You will need to contact an attorney who has handled these types of cases before to make sure you are properly represented and can protect your boating privileges. Boating Under the Influence (BUI) is not an infraction; it is is a full misdemeanor offense in Georgia. You must take any criminal charge seriously if you are arrested throughout the State of Georgia. Your criminal record is at stake.
In Georgia, no two DUI's are the same. The Georgia, DUI Laws include laws against being under the influence of alcohol while being .08 grams percent or more; being DUI Less Safe for being less safe to drive while being under the influence of alcohol; being under the influence of illegal drugs or prescription drugs; and even being under the influence of a combination of alcohol and drugs. The finding of impairment is a judgment call that the arresting officer may have gotten wrong. Hire the experts that know how to defend the very different DUI offenses that can occur in North Georgia.
If your job requires a security clearance, a criminal charge could make you ineligible to get or keep that clearance. A DUI charge by its nature casts doubt on the reliability and responsibility of an individual. It is crucial that you mitigate those concerns to keep your security clearance. You only have one chance to save your clearance. We cannot come back later on to correct or expunge a criminal record.
Georgia prohibits the possession of open containers of alcohol in your vehicle, but there are exceptions to the law that may make the charge against you improper. A North Georgia attorney will evaluate your case for any possible defenses. Many police officers assume that any alcohol in your vehicle constitutes an open container violation, and that is incorrect. Our office of North Georgia DUI Attorneys will evaluate the charges against you and present your best possible defense.
Even if you were not driving, being intoxicated can lead to an arrest. If you are acting out in public and using profane, offensive language, or just being loud and disorderly, you can be arrested in Georgia for Public Intoxication. That is not a matter to be taken lightly, and having the representation of a defense attorney can keep you from having a criminal record. No one wants a permanent criminal record for something personally embarrassing.
One of biggest misconceptions is that DUI Less Safe is somehow a lessor offense of DUI in Georgia. People think the consequences are different. To be completely clear, DUI Less Safe has the same consequences as any other DUI in Georgia. "Less Safe" refers to the manner in which a case is proved, not the penalties associated. Make sure to take a Georgia DUI Less Safe case as seriously as any other Georgia DUI Case.
Pedestrian Under the Influence
If you are charged with any misdemeanor in Georgia, you have to act to protect your rights and your criminal history. PUI or pedestrian under the influence is no exception. You have to act to protect your criminal record and your future opportunities. Our office is dedicated to protecting your rights and your lifetime criminal record.
Georgia Law requires people to submit to chemical testing or their blood, breath, or urine if requested by a police officer after a lawful DUI arrest. This consent is implied as a condition of driving on the roads of the State of Georgia. If your refuse the testing to which you have already consented, your drivers license or privilege to drive in Georgia can be suspended up to one year. The suspension is a hard suspension, meaning no driving is allowed for any reason.
A fourth DUI within ten years, a DUI arrest involving multiple passengers under the age of 14, or a DUI involving serious injury or death can all escalate a DUI charge to a felony offense. If you are facing a felony charge, you need immediate legal help. Driving after being declared a habitual violator can also cause you to be charged with a felony DUI in Georgia.
Consequences of a DUI arrest in Georgia can include more than just time and money – it can mean jail time, license suspension, community service, and substance abuse treatment. An arrest and subsequent conviction can have a severe impact on your daily life, and it is important to know what to expect from the very beginning to get the best possible outcome.
Sanctions for DUI convictions in Georgia can impact your daily life and ability to work, go to school, and support your family. Jail time, the suspension of your driver's license and probation are all potential sanctions, and this is not your first arrest, the penalties increase. Sanctions are not a foregone conclusion. You cannot be sanctioned if your Georgia DUI Lawyer helps you get found not guilty of the DUI.
A pretrial diversion program is an alternative to adjudication that both punishes and educates offenders in order to prevent the person from re-offending and keeps their criminal history record clear. The program benefits many, but not all individuals or offenses are eligible. In North Georgia, only certain offenses are eligible. Also, most judges require that it is a first offense for the person charged. It is almost unheard of that a person would get diversion for a second offense.
Disorderly Conduct is a misdemeanor offense in Georgia and is punishable by a maximum of 12 months in jail and a fine up to $1,000. The sentencing judge has the discretion, though, to sentence you to a period of probation instead of any jail time, as well as some combination of a fine, community service, or an alcohol awareness class. There are usually defenses to disorderly conduct and alternative sentences.
Drivers License Points In Georgia
There are many traffic offenses that may cause points to be assessed against your driver's license. Depending on your age and your driving history, a single violation may cause a license suspension! That does not have to happen. A North Georgia Lawyer can help get your tickets reduced to avoid points being assessed on your drivers license.
High and Aggravated Misdemeanors
An offense can be “upgraded” from a misdemeanor offense to a high and aggravated misdemeanor offense under certain circumstances. In most cases, this occurs when a person has committed and been convicted of the same offense multiple times in a specified period. With a high and aggravated misdemeanor, you are facing the possibility of spending more time in jail sure to the lack of good time credit at the jail.
Different requirements are necessary for each class of license in Georgia. Most residents obtain a Class C license, but special licenses are required to operate various types of vehicles. Most People start with a Class D License and graduate to a Class C License. The most difficult license situations involve those with a CDL License. A Georgia DUI with a CDL License is a very serious matter.
If you were arrested for DUI after stopping at a roadside checkpoint, it would be imperative that an investigation is conducted to ensure that all procedures were followed by law enforcement officers performing that checkpoint. If those procedures are not followed, then the DUI arrest can potentially be thrown out. That is why it is important to hire the Best Georgia DUI Lawyer.
Our Attorneys
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Richard Lawson
Managing Partner at Lawson & Berry:
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Kimberly A. Berry
Partner at Lawson & Berry:
Our Two North Georgia Offices Conveniently Located to Serve You:
