Fairburn DUI Lawyer - Fairburn DUI Attorney
Attorney Richard Lawson is a former Georgia DUI prosecutor with over 20 years' experience in DUI law. He is the top-rated and most reviewed DUI defense attorney in the state. Please see his stellar reviews on Avvo and contact our office for a free, no-obligation consultation.
When you are stopped by police for suspicion of DUI, you have a 95% chance of being arrested. However, the Fairburn DUI Lawyers with the Law Office of Richard Lawson can assist you in getting the best outcome possible from this terrible situation. Being arrested for DUI in Fairburn can be traumatic for both your personal and professional lives. A DUI can cost thousands of dollars in fees and fines and could cause you to lose your job.
At the Law Office of Richard Lawson, our Fairburn DUI Attorneys understand what an impact a DUI charge can have. They also understand that you have rights, and they must be protected.
Richard Lawson is a recognized Georgia DUI Lawyer and has taught other attorneys, judges, and law enforcement officers about Georgia DUI law and the rights of the accused. We use that experience to defend your Fairburn DUI case. Do not leave your case in the hands of inexperienced lawyers.
What is DUI?
In Georgia, DUI is a criminal offense which makes it illegal for a person to operate a motor vehicle while under the influence of alcohol or drugs. If you are stopped by police for DUI and are not under the influence of alcohol or drugs (even prescription drugs), the best thing to do is stay calm, be courteous, and avoid displaying nervous behavior. The consequences of DUI are severe; that is why it is crucial to hire an experienced Fairburn DUI Attorney.
Do I have a choice to refuse a breath, blood, or urine test?
The answer is “yes” and “no.” Generally speaking, Georgia law provides that where implied consent exists, the accused may refuse to take the test that is requested by law enforcement unless there is a search warrant (which is, unfortunately, becoming more and more common).
Unfortunately, where there is a refusal, there is a consequence: a license suspension of one full year.
Your refusal could be admitted into evidence against you in court. The prosecution could imply to the judge or jury that you refused testing because you were intoxicated and knew you would fail.
However, if you do decide to submit to breath, blood, or urine testing and fail, your license can also be suspended, and that test result can be used against you in court.
If you have been arrested for DUI in Fairburn, or anywhere in Fulton County, you (or your Fairburn DUI Lawyer) must file an Administrative License Suspension (ALS) Hearing request or an ignition interlock device request within thirty days of your arrest date. There is a $150 filing fee for the hearing request. If you fail to file the hearing or interlock device request, your license will automatically be suspended. If you refused the breath, blood, or urine test, your license will be suspended with no chance for a permit for one year.
Should I request an ALS Hearing?
The best reason to request an ALS hearing is to protect your driver's license. Another reason to request one is to force the Georgia Department of Driver Services (DDS) to prove their case against you. DDS must prove that law enforcement pulled you over and arrested you with either articulable suspicion or probable cause.
To suspend your license, the following must be shown, depending on the facts of your case:
- Refusal – If you refused testing, it must be proven that:
- There was reasonable, articulable suspicion or probable cause to pull you over or arrest you;
- There was probable cause to believe you were driving (or operating a motor vehicle) while under the influence of alcohol or drugs;
- You were arrested and were properly requested to submit to chemical testing of your breath, blood, or urine; and
- You refused testing.
- Failure – Things are slightly different if you decide to submit to testing and fail. If you fail the State's chemical test, two issues must be proven:
- That you had a blood alcohol concentration (BAC) of .08 or more while operating a motor vehicle at the time of testing; and
- There was articulable suspicion to pull you over or probable cause to arrest you.
Do I need a Fairburn DUI Lawyer for My ALS Hearing?
Absolutely; and not just any lawyer will do. You need a Fairburn DUI Attorney who is skilled in representing individuals arrested and charged with DUI. While there are many attorneys who take on DUI cases, there are only a select few who try motion hearings, ALS hearings, and jury trials. The task of finding a qualified DUI Lawyer in Fairburn should be taken seriously, because the wrong choice can negatively affect your life, your good name, and your future. No matter how educated you may think you are, there is no way you could defend yourself against a Fairburn DUI charge as well as a seasoned, knowledgeable, and skilled DUI Attorney in Fairburn.
Fairburn Municipal Court
Fairburn Municipal Court is located at 26 West Campbellton Street, Fairburn, GA 30213. The Honorable Monica Ewing is the Municipal Court Judge, the Chief Court Clerk is Shannon Shayder, and the Assistant Court Clerk is Libby Bazydlo. The Court Solicitor is Rory Starkey.
Please note that Judge Monica Ewing does not speak with anyone regarding court outside of the courtroom.
Office hours for the Clerk of Court are Monday – Friday, 8 AM – 5 PM. Call (770) 683-4611 for more information.
Map to Fairburn Municipal Court
Expert Advice When You Need it Most
When you need a DUI Lawyer in Fairburn, look no further than the Law Office of Richard Lawson. We have Fairburn DUI Attorneys available to take your call 24 hours a day, seven days a week to discuss your case. Do not put your future in the hands of an inexperienced attorney or a "general practitioner." When you have been arrested for DUI in Fairburn, you need a Fairburn DUI Attorney to protect your rights and livelihood. Ignoring your charges and hoping they will magically disappear will not help. Call now for your free consultation.
Fairburn DUI Resources