EAST ELLIJAY DUI LAWYER - EAST ELLIJAY DUI ATTORNEY
A DUI offense can occur on the most unsuspecting night. Many people are unaware of the amount of alcohol that can cause them to be over the .08 blood alcohol concentration limit. It usually is lower than they think and causes them to drive impaired. However, it is important to recognize that a DUI charge is not a conviction! There are steps you can take to prevent a DUI charge remaining on your record. Contact our experienced East Ellijay DUI Lawyers today for a free consultation if you or a loved one has been accused of DUI.
30 Day Warning
You only have 30 days to protect your driver's license from being suspended after being arrested for DUI in East Ellijay. To prevent the suspension, you or your attorney have the option to file a request for an administrative license suspension (ALS) hearing or install an ignition interlock device on your vehicle. A failure to do either of these things will result in your license being automatically suspended. However, if you refused the State's testing of your blood, breath, or urine, your license will be suspended for 12 months.
The Basics of a Georgia DUI Charge
In order to be stopped and arrested on suspicion of a Georgia DUI, the arresting officer needs probable cause to believe that a person is driving under the influence of alcohol or drugs. Officers obtain the probable cause needed to make a DUI arrest by observing poor driving patterns, watching for signs of intoxication such as slurred speech, an odor of alcohol, bloodshot eyes, and poor performance on field sobriety tests. There are other things officers are looking for, but those are just some of the signals used to justify a DUI stop.
A driver has the ability to limit the probable cause that the officers are looking for by taking steps to enforce their rights. If pulled over on suspicion of DUI, the driver should not say anything except to invoke their 5th Amendment right to remain silent and request an East Ellijay DUI attorney. Furthermore, the field sobriety tests are optional and should not be performed. Field sobriety tests can be difficult even for people not under the influence, and there are often extenuating factors that contribute to the failure of those tests. Lastly, the breathalyzer test is also optional and should not be taken. However, you do have to submit to the state's test or request your own test! This is not the roadside breathalyzer test; it is the State's chemical test.
By limiting the probable cause, you give your East Ellijay DUI Lawyer the ability to argue that the arrest was illegal because the officer did not have the required probable cause to make the DUI arrest.
It is important to note that taking these steps does not mean that you won't be arrested. The purpose of protecting your rights is to help with your DUI Defense in court. The officers will still likely make the arrest, but now you have armed your defense lawyer with arguments to contest the initial arrest.
After the arrest, you will be released with a court date. The court will schedule a hearing called an arraignment. At the arraignment, the person accused of DUI, will enter a plea, be advised on their rights, and the charges pending against them.
After the arraignment, there may be several or no pretrial hearings to allow the prosecutor and your attorney to examine your case and negotiate a plea deal. A plea deal may include a reduction to reckless driving or some other lesser charge. If no agreement can be reached, then the case will proceed to trial. At the trial, the prosecutor has to prove beyond a reasonable doubt that you drove a vehicle under the influence of alcohol or drugs or with a blood alcohol content of .08 or higher.
If the trial returns a verdict of not guilty, then you will suffer no legal penalties. However, if you are found guilty, you will face significant fines. The decision to accept a plea deal or go to trial is not one to be taken lightly. It must be carefully considered with the help of an experienced East Ellijay DUI Lawyer.
This is just a very basic overview of a DUI charge. There are many intricacies not mentioned, and we encourage people charged with a DUI not to try and take on the system by themselves. Hire a qualified and knowledgeable DUI Lawyer in East Ellijay who knows the DUI process inside and out and will give you the best chance at a favorable outcome.
East Ellijay DUI Defense
Every DUI case comes with a new set of facts and a new way to interpret the law, which our East Ellijay DUI attorneys are experts in handling. Once arrested for DUI, the clock is ticking. You only have 30 days to save your license, and there are motion deadlines to pay attention to. Upon calling our office, we will take the time to thoroughly examine your case. This can include interviewing witnesses, visiting the scene of the arrest, obtaining police records, watching dashcam videos, and reaching out to medical experts. We will look at your case from every angle to develop arguments to undermine the State's case against you.
Our DUI Lawyers in East Ellijay focus exclusively on DUI law and therefore are knowledgeable in the best arguments to make for each case. We understand that your case offers a unique set of facts, and we are ready to rise to the challenge. We practice throughout the state of Georgia and have spent years building relationships with prosecutors, judges, and court staff.
East Ellijay Municipal Court
East Ellijay Municipal Court handles city ordinance violations, misdemeanor traffic violations, and DUI cases. The Honorable Robert Sneed is also the Municipal Court Judge, and Jacquelyn West Hefner is the Clerk of Court. Court is held at 107 East Oak Street, East Ellijay, Georgia 30539. Call (706) 276-3111 for more information.
Map to East Ellijay Municipal Court
Our East Ellijay DUI Lawyers are here to give you the best representation for your case. We care about your rights and your future and want to make sure both are protected. We are dedicated to you and keep our office open 24 hours a day, 7 days a week to ensure we meet your needs. Call us today for a free case evaluation.