Oxford DUI Lawyer - Oxford DUI Attorney
Driving under the influence (DUI) is a serious criminal offense in Georgia. When you are arrested and charged with DUI (driving under the influence), you face potentially severe consequences in the form of license suspension, fines, community service, and jail.
Within 30 days of your arrest, you must file a letter requesting an administrative license suspension (ALS) hearing to save your license. If this is your first DUI, you have the option to request the hearing or to install an ignition interlock device on your vehicle. If you fail to timely request the hearing, then your license will automatically be suspended. If you refused the state-administered testing, the license suspension would last for 12 months. Your Oxford DUI Attorney can help you decide whether to file the letter or install the device. If you choose to request an ALS hearing, we will file the letter to help save your privilege to drive in Georgia.
Georgia DUI Arrest Process
Georgia DUI law O.C.G.A. §40-6-391(a)(2) states that it is unlawful for any person to operate or attempt to drive a vehicle while under the influence of any drug to the extent that it is less safe for the person to drive.” Furthermore, it prohibits “any person to drive or be in actual physical control of any moving vehicle while the person's blood alcohol concentration is .08 grams or more at any time within three hours after such physical control from alcohol consumed before such driving or being in actual physical control ended.” O.C.G.A. §40-6-391(a)(5).
There are two ways a person can be charged with DUI in Georgia: DUI per se and DUI less safe. A person can be arrested and charged with DUI in Georgia even if their BAC is below the legal limit if they demonstrated signs that made them less safe to drive. This is called DUI less safe. On the other hand, a person can be charged with DUI per se if their BAC is .08 even if they did not feel that their driving was impacted.
Before an officer stops someone on suspicion for DUI, the officer is already starting to build a case against you. This includes observing your driving behavior prior to initiating the stop. They are going to watch and see if you are swerving within your lane, making wide turns, having a hard time staying in your car, and whether you can maintain speed. All of this is going on before the DUI stop is initiated.
When you are stopped, the officer is going to start by asking the obvious questions such as have you been drinking. They may also ask you to submit to field sobriety tests, and you have every right to politely refuse to submit to them. However, you are required under Georgia's implied consent law to submit to a chemical test. A failure to submit to the state-administered test will result in a one-year license suspension.
What Factors Impact the Penalty for Your Georgia DUI Case?
Prosecutors and judges take numerous factors into consideration when determining your sentence. Common factors include:
- Facts of the case
- Particular policies of the judge or prosecutor
- Sufficiency of the evidence against you
There are additional aggravating factors that may cause the court to recommend a sentence greater than the mandatory minimum. These factors include:
- Prior DUI convictions
- Exceptionally high BAC
- If the DUI charge was the result of an accident
- If there were injuries
- Driving record
A DUI charge combined with one or more of these aggravating factors will likely increase your potential penalties. That is why it is critical to hire an experienced DUI lawyer in Oxford to help alleviate these consequences.
How our Oxford DUI Lawyers Can Help With Your Case
We understand that once arrested for DUI, you begin to fear the worst. It can be overwhelming to start researching how to defend your case and how to avoid harsh penalties. That is why our DUI attorneys in Oxford are here to help. We offer free, confidential consultations and will help relieve your fears. We have over 25 years of exclusive DUI experience. We have been extremely successful in getting cases dismissed and getting the charges reduced. We make this possible by challenging the legality of the stop, having the breathalyzer results thrown out, and demonstrating that the prosecution has not met the burden of proof necessary to convict. These are just some of the Georgia DUI Defenses we use to win your case. No matter if this is your first, second, or third DUI, we will be able to assist.
However, the most important step is calling us now. The more time we have to prepare, the better it is for the outcome of your case.
Oxford Municipal Court
The Oxford Municipal Court handles minor traffic infractions, some misdemeanor cases, parking citations, and city ordinance violations issued within the city limits of Oxford. The Municipal Court Judge is Judge Steve Hathorn, and Quader Baig is the prosecutor. Court is held in the Oxford City Hall located at 110 West Clark Street, Oxford, Georgia 30054. For questions about your case, you can call the Clerk of Court, Dawn Towns, at (770) 786-7004.
Map to Oxford Municipal Court
Our Oxford DUI Lawyers are here for you! We have over 50 combined years of DUI experience and are equipped to handle your case. Our office is over 24 hours a day, 7 days a week to answer your call. We pride ourselves on being available to you days, nights, weekends, and even holidays. Contact us now for a free case evaluation.