Braswell DUI Lawyer – Braswell DUI Attorney
The Law Office of Richard Lawson is a legal firm exclusively dedicated to the defense of DUI and DUI-related offenses. Richard Lawson is a former Georgia DUI Prosecutor with over 25 years' experience in DUI law. He is the top-rated DUI lawyer in the state as rated by Avvo. Please see his reviews here and contact us for a free, no-obligation case evaluation.
If you have been arrested for DUI in Braswell, or anywhere else in Paulding County or Polk County, you only have thirty days from the date of your arrest to file an Administrative License Suspension (ALS) hearing request or request an ignition interlock device to save your license from being suspended. You or your Braswell DUI Attorney must pay the $150 filing fee for the request. If that is not done, your Georgia driver's license will automatically be suspended. If you happened to refuse the State's chemical test of your breath, blood, or urine, your license will be suspended for one year with no opportunity for a restricted permit or early reinstatement. Start your defense right away by making the decision to hire a competent DUI specialist by choosing a Braswell DUI Attorney with the Law Office of Richard Lawson.
Braswell DUI Defense
Keep in mind that in court, the prosecution has a duty to enforce the DUI laws of the State of Georgia. They do not represent you in any way. A conviction for DUI can lead to a loss of your Georgia driving privileges, expensive fines, time in jail, and probation.
When you make the mistake of drinking and driving in Braswell, or anywhere in Georgia, you face getting involved with the law—Georgia DUI law to be exact. Georgia DUI law is a series of laws that have become so complex with punishments so strict that even lawyers are confused by it.
Georgia DUI laws and the Supreme Court of the United States make pulling you over quite easy. Law enforcement officers are allowed to stop your vehicle based on “reasonable articulable suspicion” that you have committed (or in the act of committing) a crime (such as driving under the influence). Police can pull you over ad 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. You can thank the Constitution for that! However, you will more than likely be placed under arrest at that point. If you answer their questions, you might incriminate yourself. It is a lose-lose situation, really; you just cannot win!
During the stop (and after), law enforcement is observing, listening, and even smelling to see if there is any indication that you have consumed alcohol. Your dexterity, 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. That is to see if you can do several things at once and if you can listen to instructions and perform the tests accordingly. Some people cannot even walk and chew gum at the same time while sober. If you are one of those persons, you will be arrested for DUI. Even if you can, you will still more than likely be arrested for DUI. Again, a lose-lose situation.
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. Law enforcement chooses which test you will take and you have no say in the matter. Most of the time it will be the breath test, but not always. Before the test you will be advised of testing procedures and what refusing to test will mean. You will then be allowed to contact a Braswell DUI Lawyer if you choose to do so (highly recommended).
A DUI Charge Means Two Cases In One
Maybe you did not know before, but a Georgia DUI charge means that two separate forums:
- Criminal court—meaning fines, probation, time in jail, and license suspension;
- Civil court—the Georgia Department of Drive Services (DDS) administrative process where driver's license suspensions are automatic. You read that right—AUTOMATIC; unless you request an ALS hearing and your Georgia driving privilege is restored.
You can contest the automatic suspension of your driver's license. If your Braswell DUI Attorney is successful, there is no suspension. If your Braswell DUI Lawyer is unsuccessful; the license suspension goes into effect. However, it is vital that the ALS hearing is requested. Remember, not doing so means an automatic suspension.
The situation is not hopeless. If your license does get suspended, you may be eligible for a restricted driving permit to drive to work, school, or seek medical treatment.
As experienced Braswell DUI Attorneys, one of our attorneys will handle both the criminal case and the DDS matter for you.
Braswell Municipal Court
City of Braswell Municipal Court is located at 6997 Braswell Mountain Road, Rockmart, GA 30153. The Honorable Brian Hardison is the Municipal Court Judge, and Lisa Pickett is the Clerk of Court. Call (770) 684-7979 for more information.
Map to Braswell Municipal Court
We Are Here To Help
Our Braswell DUI Lawyers know how stressful a DUI charge can be and want to do whatever they can to make your life easier. We have an experienced Braswell DUI Attorney available to speak with you about your case right this moment to offer compassion and expert legal advice when you need it most. Choosing the right DUI Lawyer in Braswell is tough. Experience matters. When you need a Braswell DUI Attorney, look no further than the Law Office of Richard Lawson. Contact us to begin your best defense.
Braswell DUI Resources