Getting charged with driving under the influence (DUI) is a serious thing to face. If you were arrested for a DUI in Carrollton, GA, you might be worried about how a conviction would impact your life and the repercussions it could have. Do not face these charges alone. Here at J. Ryan Brown Law, our experienced Carrollton DUI lawyers understand the stress and uncertainty you are facing. We are committed to fighting for your rights and protecting your future.
With our firm, we have a proven track record of success in handling DUI cases in Carrollton and throughout West Georgia. A criminal defense lawyer will thoroughly investigate the details of your arrest, identify any potential weaknesses in the prosecution’s case, and work tirelessly to achieve the best possible outcome for you. Whether you’re facing a first-time DUI or a repeat offense, we can help.
According to the Georgia Governor’s Office of Highway Safety, drunk driving continues to be a major problem on our roads. In the last reporting year alone, there were 402 traffic fatalities involving alcohol-impaired drivers. DUI data reports show that convictions have gone down significantly, with the last reporting year having 12,008 convictions compared to 41,739 in 2007. However, this is reflective of the changes that Georgia has made to prosecute convicted drivers more harshly in attempts to reduce drunk driving rates.
Georgia law enforcement has become stricter in recent years, implementing harsher penalties on those convicted of a DUI. 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 pulled over in Carrollton, Georgia, with an accusation of drunk driving, contacting a DUI lawyer from J. Ryan Brown Law should be your first step. We can help you navigate these accusations and take action to protect your case. Without help, you may find yourself facing harsh penalties that can impact your future for years to come and a criminal record that will permanently follow you.
With the support of a Carrollton DUI attorney, it may be possible that your charges can be reduced or dismissed. Avoiding penalties through a reduction or dismissal of your charges is critical to protect your future. Understanding how severe these penalties will also help you understand how harshly DUI convictions are punished in Georgia. Below are some of the potential sentences you may face for a Carrollton drunk driving conviction under O.C.G.A. 40-6-391.
When arrested and convicted of a DUI, imprisonment is a distinct possibility. The sentencing typically depends on the severity of the offense, any prior criminal record and repeat offenses, and the judge’s discretion. When facing sentencing like this, it is important to consult with a local DUI lawyer who can provide personalized guidance and legal strategies for your defense.
First-time offenders typically receive lesser sentences, but you may still struggle to avoid time in jail, depending on the specifics of your case. DUIs are typically tried at the misdemeanor level, which means sentences are usually served in jail rather than prison. For a first-time conviction, you may spend as little as 24 hours in jail if you have a good defense team on your side. At a maximum sentencing, a first-time DUI conviction can result in a year in jail.
Second-time offenders within ten years are also treated as a misdemeanor, but a conviction carries a potential jail sentence of 72 hours to 12 months, with a minimum mandatory sentence of at least three days. If it is your third offense in ten years, your case may be treated as a high and aggravated misdemeanor. This means that penalties will be much harsher, with potential jail time ranging from 120 days to 12 months. Plus, other penalties will be much worse such as license suspension periods will be significantly longer.
Some offenders, facing their fourth DUI in ten years may be prosecuted for a felony. In these cases drivers face years of living with no drivers license as well as the potential for actual prison time.
You could also face severe financial penalties in addition to time behind bars. According to the Georgia Governor’s Office of Highway Safety, a first offense can have a fine as high as $1,000 with a $300 minimum. A second offense still carries the maximum amount of $1,000, but the minimum fine is raised to $600. For further sentences, the maximum fine rises to $5,000.
These fines can put you in a significant financial situation, and if you struggle to pay off these sentencing fines, additional penalties may occur. Time in jail will also cause you to be unable to work, leaving you with no way to earn money to pay your fines. Contact our Carrollton DUI attorneys for help pursuing better results for your case.
With any DUI sentence comes the risk of driver’s license suspensions or heavy implications. If you are convicted and receive 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 determined time period. 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 be marked as a habitual violator. This can cause your license to be completely taken away. To reinstate it, you must complete driver’s school requirements, among others, including a stiff fine. A revocation may last for 5 years if you receive a third offense within 5 years of your second offense.
The judge may order a mandatory alcohol or drug treatment program in Carrollton DWI and DUI cases as a part of your sentencing. Like the rest, sentencing depends on whether it is your first offense or a subsequent one. Programs can include outpatient, intensive outpatient (IOP), or residential treatment programs that require 24/7 supervision in a facility. If you complete treatment successfully and demonstrate your commitment to rehabilitation, the court might reduce your sentence.
Seeking out a Carrollton drunk driving attorney 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 include any penalties you may face for having a criminal record, such as any situation where you may need a background check. Having a criminal record may lead to the denial of job opportunities, loss of professional licenses, impacts on scholarships and education.
Following a DUI arrest in Georgia, the Department of Driver Services will initiate an administrative license suspension (ALS) process. This is separate from any criminal charges you may be facing in court. Within 30 days you need to request a hearing, or it could result in a temporary or permanent suspension of your driver’s license. Another alternative to requesting a hearing is applying for an Ignition Interlock Limited Permit within the same 30-day window following your arrest. Whether to request a hearing or apply for an Ignition Interlock Limited Permit is a fact intensive determination and the experience DUI lawyers at J. Ryan Brown Law are prepared to help you make the decision that is best for you and your case.
An IILP allows you to obtain a restricted driver’s license that requires you to use an ignition interlock device in your vehicle before driving. This device prevents the car from starting unless the driver provides a breath sample below the legal blood alcohol content limit. Adding this breathalyzer test to your vehicle allows you to continue to drive while you await trial and also demonstrates your commitment to responsible driving.
You may not always be eligible for an IILP, and the installation, monitoring, and maintenance will come at a cost for which you will be responsible. However, it may be worth it in situations where keeping your license is essential for you to keep working or pursuing other important parts of your life while you await trial.
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 Carrollton 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 Carrollton, GA, the Municipal Court of Villa Rica, GA, the Municipal Court of Bremen, GA, the Municipal Court of Bowdon, GA, the Municipal Court of Whitesburg, GA, and Carroll County State Court This court handles Carrollton city ordinance and traffic violations, as well as specific criminal laws for the state. When your court date arrives, you may be wondering what will happen in court and 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 the first priorities 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 Carrollton 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 Carrollton drunk driving lawyer may tell you, police officers can 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, and you may not feel that you have the right tools to pursue a strong defense. Defending a DUI charge can be complex, and each case is different. That is why it is so important to hire a Carrollton DUI lawyer to defend your cases.
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 cause collateral consequences that our DUI attorneys can help you navigate. When you refuse a breath alcohol test and receive a DDS Form 1205, you must take action within 30 days or else 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. Your first step is to prove to the Department of Driver Services that losing your license would cause undue hardship for you and your family. Some drivers can easily qualify for a hardship permit allowing them to travel to places like work and school. Others, if convicted, 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.
We offer free, no-obligation phone consultations for any potential client. We encourage you to know how to pay for legal services and will outline some important points here. Traditional legal fields go by an hourly billing rate, but criminal lawyers charge a flat fee, allowing you to know exactly what to expect. Contact us today to learn more about how we can help with your case and save you money in the long run.
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 Carrollton DUI 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
