One moment, you are driving home, to school, or to meet friends. The next, you have been pulled over, tested for alcohol, and arrested unexpectedly. That could be a scary, even traumatic experience, and you may be worried that you have no grounds to fight back.
However, with our Newnan drunk driving lawyers at J. Ryan Brown Law, you have high-quality legal professionals on your side to help you navigate an accusation of driving under the influence (DUI). Our Newnan DUI lawyers focus on providing an aggressive defense that helps clients like you get your charges dismissed when possible or reduced to less severe charges, potentially allowing you to keep your license. If you have been arrested and are unsure where to turn, we are here to help as your Newnan criminal defense lawyers.
Having Newnan drunk driving attorneys like ours is vital in states like Georgia, where drunk driving is taken extremely seriously. That is because alcohol has led to a significant number of deaths in the state, leading to a dedicated effort to reduce drunk driving. In fact, according to the Centers for Disease Control and Prevention (CDC), 3,241 people were killed in drunk driving accidents in Georgia alone between 2009 and 2018.
The CDC also shares statistics that show that, for many age groups, Georgia alcohol-impaired driving death rates are frequently higher than the national average. For example, for those between 21 and 34 years old, the national average is 6.2 per 100,000 population, while Georgia’s average is 6.9 per 100,000. Because of statistics like this, Georgia law is particularly serious about DUI cases, and you may face specific penalties because of it.
Fortunately, you do not have to navigate your case alone. Our team provides individualized guidance and resources for our clients, as well as the representation that can help you get more positive results. When you need help getting your charges reduced or dismissed, reach out to us for support.
When you have been stopped in Newnan, Georgia, for accusations of drunk driving, seeking out a DUI lawyer from our firm can help you navigate these accusations and take action to protect your case. Without help, you may find yourself facing harsh penalties that can take years to recover from. Worse, the impacts on your criminal record can affect your future for far longer.
Avoiding these penalties through a reduction or dismissal of your charges is vital to protecting your future. However, understanding how severe these penalties can be can also help you understand how harshly DUI convictions are punished in Georgia under O.C.G.A. 40-6-391. Below are some of the potential sentences you may face for a drunk driving conviction.
When arrested and convicted of a DUI, imprisonment is a possibility. While first-time offenders may receive lesser sentences, especially with experienced drunk driving attorneys like ours on your side, you may still have trouble avoiding time in jail or prison, depending on the specifics of your case. Generally, because a DUI is typically a misdemeanor, these sentences are served in jail rather than prison.
For a first-time conviction, you may spend as little as 24 hours in jail if you are lucky. However, at maximum, a first-time DUI conviction can net you up to a year in jail. For more severe cases, the likelihood of a year-long sentence in jail is more likely, leaving you unable to work, return to your home, or have many of the basic freedoms we enjoy every day.
Without drunk driving lawyers on your side like ours, you may also face severe financial penalties, according to the Georgia Governor’s Office of Highway Safety. For a first offense, your fine may be as high as $1,000, which can place a significant financial burden on you, with a $300 minimum. For a second offense, while you still have a maximum of $1,000, the minimum fine is raised to $600.
For further sentences, the maximum fine rises to $5,000. That can put you in significant debt, making it difficult to pay off these sentencing fines. If you are also serving a jail sentence, you may also be unable to work, leaving you unable to earn money to pay this fine off, so reach out to our Newnan DUI attorneys to pursue better results for you.
Without a Newnan criminal defense attorney on your side, It can be difficult to avoid severe penalties, such as a licensed suspension. If you face a license suspension, your license will be taken for a predetermined period of time, and you must pay a fine to have it reinstated at the end of the sentencing. For a first offense, your license suspension may last up to a year, but if you receive a second offense within 5 years of the first, that number can rise up to 3 years.
With even more convictions you may become a haitiual violator. Meaning, your license may be completely taken away, and you must complete driver’s school and other requirements, along with a fine, to get your license back. A revocation may last for 5 years if you receive a third offense within 5 years of your second offense.
Seeking out a drunk driving defender can do more than help you avoid the specific, listed penalties for a conviction. The penalties if you are convicted of a DUI go far beyond jail time and license suspension. In fact, even if you have completed your sentence, you may still face collateral consequences for a conviction.
Collateral consequences refer to the penalties you may face for having a criminal record. For example, any situation where you may need a background check may now be impacted by your criminal record, which will appear during the check. That can lead to denial of job opportunities, housing, loans, mortgages, and more.
In some instances, you may worry that a drunk driving attorney like ours will be unable to avoid a conviction. In cases like these, we may be able to mitigate the damage, including pursuing a hardship license or other opportunities for those with a first-time conviction or those who are able to get the severity of their sentence reduced. However, in these cases, you may still need to apply an ignition interlock device onto your vehicle.
An ignition interlock device adds a breathalyzer test to your vehicle and requires passing this test before you can start your car. If the test shows you are not under the legal limit to drive, the engine simply will not start. This device allows you to keep your license and maintain certain parts of your life, such as your job or education, while also providing penalties for, and preventing future drunk driving.
Keep in mind that pursuing a solid defense for your case is typically preferable. You are not always eligible for an ignition interlock device, and these devices can be costly, as the court will expect you to pay for them. However, in situations where you may lose your license and may not have the support to pursue other options, an ignition interlock device can be a key tool to keeping your license and avoiding issues and penalties for your future.
Remember that, due to George’s 30-day rule, waiting for a DUI attorney can turn disastrous for your case. In fact, if you are not careful and do not seek out help from a DUI law firm, you may receive two suspensions of your driver’s license for the single arrest you faced. That can leave you with much longer suspension times and more hardships getting your license back.
Because of this 30-day rule, many people arrested for DUI have experienced this. You must request a hearing with the Department of Driver Services, or apply for an ignition interlock device before the 30-day time limit runs out. If you do not file in time, you can lose your driving privileges for one year, in addition to any suspensions passed down by the traffic court.
Keep in mind that this time limit begins running the day your traffic stop happens and you are served with a DDS 1205 form. That means your time is extremely limited, and it can have massive impacts on the outcome of your case. To act before time runs out, reach out for help navigating this complex process.
Having our team on your side can be essential when navigating the criminal justice system. For those pursuing a reduction or dismissal of charges, DUI lawyers in Newnan are a key part of the process. That is especially important for those with first-time convictions, who may be trying to keep their record clear, or those with multiple offenses, who may receive much harsher penalties.
Our guidance includes your time in the Municipal Court of Newnan, GA. This court handles Newnan city ordinance and traffic violations, as well as specific criminal laws for the state. When your day in court arrives, you may be intimidated by the potential penalties you may face if you receive a conviction.
We are here to make getting through these situations as easy as possible. That starts with representation In the courtroom, offering you the support and guidance you need by speaking on your behalf to the judge and the courtroom at large. When you have a defense team handling your charges, you can focus on other aspects of your life rather than juggling your court date.
When you pursue a defense of a DUI charge with J. Ryan Brown Law, one of your first concerns is to find the right strategy for your claim. Every case is different, and the grounds you have for a DUI defense can change depending on the specifics of your arrest. Because of this, you may need a DUI attorney in Newnan on your side as you pursue the strongest possible defense.
While your defense will depend on the specifics of your case, there are certain potential strategies that our team may use for your case. These strategies may not work for everyone, but they can provide grounds to have your penalties reduced or dismissed. We will help uncover which options are best suited for you.
When pursuing a DUI defense, we will first determine whether the police officer had probable cause to pull you over. Probable cause refers to whether you were driving in a manner that suggested you were driving under the influence. For example, swerving between lanes, maintaining unsteady speeds, or otherwise driving erratically are signs that you are driving under the influence and may potentially cause an accident.
However, as your Newnan drunk driving lawyer may show, police officers may sometimes stop someone for unrelated causes, only to require a breathalyzer test that leads to an arrest. For example, you may have been driving steadily, but you had a broken tail light, were stopped by the officer, and were then tested even though there was no reason to suspect you were driving drunk.
When you are pulled over and arrested, we will also examine the arrest details. We may determine that the arrest was done improperly. For example, the police officer may have failed to read your Miranda Rights, not completed the proper breath alcohol test at the scene, or made other mistakes.
If an arrest is not made correctly, evidence procured during that arrest may be inadmissible in court. That means that crucial evidence against you may be removed from the case. While this does not always mean the charges will be immediately dropped, reducing the evidence against you can help us respond with a strong defense that enables you to get your charges reduced or dismissed.
When you are accused of committing a DUI, your future may be on the line, but you may not have the tools to pursue a strong defense. Defending a DUI charge can be complex, and each case is different. That makes it especially tough for those who are not DUI lawyers to defend their cases alone.
Unfortunately, you do not have to be an expert to get answers about your case and pursue a strong defense with us. Our team is prepared to give personalized, case-specific answers to your many questions as you seek a DUI defense. You can also check out the following frequently asked questions to learn more about what you can expect from your case.
Refusing a breath alcohol test can lead to penalties that our DUI attorneys may be unable to fight. When you refuse a breath alcohol test, your license can be automatically suspended under the doctrine of implied consent under Georgia Code § 40-5-67.1. This doctrine states that if you have accepted your driver’s license, it is implied that you have consented to an alcohol test, and if you revoke that consent, your license will be suspended.
False positives are a potential issue for those who fail a breathalyzer test. Certain medications or medical conditions, for example, can cause false positives, which can cause inaccurate results. Other issues may include contamination, especially if the device has not been cleaned properly.
If this is your first DUI, you may only face misdemeanor penalties. However, DUIs with aggravating factors or a history of DUI convictions can lead to more severe penalties. Because certain cases can become felonies, you may need to speak with us about your case and how we can help you avoid more serious charges.
The specific details of your hardship license will depend on whether this is a first or second conviction, But your first step is to prove to the Department of Driver Servicesthat losing your license would cause undue hardship for you and your family. If you are eligible, you may have to install an ignition interlock device, though you may be asked to complete a drug and alcohol awareness or treatment program, before you can take this step. Keep in mind that a third conviction and those afterward may disqualify you from receiving a hardship license.
When you are accused of driving drunk, it can have a ripple effect on your life and family. You may face penalties for months or years following the incident, which can add hardship to your life that could be avoided with a strong defense. However, if you are unfamiliar with courtroom procedure, evidence gathering, and the strict time limits on your case, you may easily find yourself struggling to overcome the specifics of your charges.
Fortunately, our Newnan DWI lawyers at J. Ryan Brown Law are here to help. We provide an aggressive defense for our clients that can help you potentially get your charges reduced or even dismissed. Start with a consultation with our team about the specifics of your case by calling our office or filling out our online contact form.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
