South Fulton DUI Lawyer

Lawson and Berry is Georgia's top DUI defense firm with over 25 years' experience in exclusively defending DUI and related offenses. Even if this is your first DUI charge, you are facing serious consequences. If you or a loved one has been charged with a DUI, contact us as soon as possible.

30-Day Warning!

If you were arrested for DUI in the City of South Fulton County, or elsewhere in Fulton County, you only have thirty days to save your Georgia driver's license from suspension. To do so, you or your South Fulton DUI Lawyer must file a request for an Administrative License Suspension (ALS) hearing or request an ignition interlock device. The fee to file is $150. If the hearing or device is not requested, your driver's license will automatically be suspended. If you refused the State's chemical test of your breath, blood, or urine, your Georgia driver's license will be suspended for one year with no chance for a restricted permit or early reinstatement. Contact a DUI Lawyer in South Fulton today!

South Fulton DUI Defense

When you make the mistake of drinking and driving in the City of South Fulton, or anywhere in Georgia, you risk getting pulled over. Georgia DUI laws make pulling you over quite easy. Law enforcement officers are allowed to stop your vehicle based on reasonable articulable suspicion that you have committed a crime, such as DUI. Police can pull you over and ask you a lot of questions, without advising you of your rights. What most drivers do not know is they do not have to answer any questions at all. In fact, you have the right to refuse and tell the officer to arrest you or let you go free. However, you will more than likely be placed under arrest at that point.

Before, during, and after the stop, law enforcement is observing, listening, and even smelling to see if there is any indication that you have consumed alcohol. Your level of understanding, sense of balance, and speech is also being observed. You can almost be sure that if a law enforcement officer asks you if you have been drinking, you will more than likely be asked to perform field sobriety tests.

Observing your driving, the stopping of your vehicle, speaking with you, and field sobriety tests are all done to establish probable cause so you can be arrested. Once you are asked to exit your vehicle, you will be requested to perform one, or all, of the standard field sobriety tests such as the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, or the One-leg Stand. You will be given these tests after you are given instruction on exactly how they want them to be performed. The officer is also testing to see if you can follow direction and do several things at once. Even people who are sober often have difficulty completing the field sobriety tests perfectly. That is why we advise our clients to politely decline to participate in the field sobriety tests.

When you are under arrest, you will be taken to the station and will be offered a breath, blood, or urine test. No exceptions; that is the way it all works. Georgia law says that if you want a driver's license to operate a motor vehicle, you must give your implied consent to submit to a chemical test if asked to do so. If you were not advised of your rights or the tests were not administered correctly, we can use that evidence to support your case! That is why it is important to contact a DUI Attorney in South Fulton as soon as possible so the incident is fresh on your mind.

A DUI Charge Means Two Cases In One

Many people are unaware that a DUI arrest starts the process of two cases against you:

1. The criminal case which can result in probation, jail time, fines, and license suspension; and
2. The administrative case against you by the Georgia Department of Driver Services. The suspension of your driver's license is automatic unless you request an Administrative License Suspension (ALS) hearing.

Our South Fulton DUI Lawyers can help you with both of these cases. We want to prevent you from losing your drivers license as well as reducing the criminal punishments against you.

Implied Consent Warnings for Georgia Drivers

The arresting officer is required to read the appropriate Implied Consent Notice depending on your age and driver's license status.

Implied Consent Notice for Suspects 21 or Over:

The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?

Implied Consent Notice for Suspects Under Age 21:

The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?

Implied Consent Notice for Drivers of Commercial Motor Vehicles:

The State of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?

Defenses to Your South Fulton DUI Involving the Implied Consent Notice

No matter your situation, there are always defenses that apply to your case. Unless you were involved in an accident that resulted in serious injury, the officer must have placed you under arrest for DUI less safe before they can read you the implied consent notice. The notice must be read in its entirety and exactly as stated above. If the officer gives you an incubate or misleading interpretation of your implied consent rights, he has deprived you of your ability to make an informed decision. We can use this in your favor at court.

There are lots of defenses that can be used with regard to the implied consent notice. Contact one of our City of South Fulton County DUI Lawyers today to see how we can help.

South Fulton Municipal Court

The Court is located at 5060 Union Street, Union City, GA 30291 and can be reached at 470-809-7400. However, the mailing address is 5440 Fulton Industrial Boulevard S.W., Atlanta, GA 30303. Judge Fani T. Willis is Chief Pro Ten Judge of the South Fulton Municipal Court.

Contact Us

Your situation is not hopeless. As experienced DUI Attorneys in South Fulton, we will handle both cases for you and mitigate the penalties you receive. Our decades of experience helps us achieve favorable results for our clients no matter the situation. Call us now for a free case evaluation.