Macon, GA has a rich history and an abundance of charm, but incidents of drinking and driving in the area are not uncommon. Getting behind the wheel after having a drink can be dangerous and increase the risk of a DUI. While these charges can be intimidating, a Macon DUI Lawyer can skillfully guide you through the process.
J. Ryan Brown Law provides sound counsel and exceptional service when you are facing a DUI charge and its ramifications. We understand that there is a lot at stake, and we ensure you do not have to deal with it on your own. A Georgia criminal defense lawyer from our team will fight tirelessly to get you a better outcome for your case.
Drinking and driving can have serious consequences for both the driver and other motorists on the road. When individuals get behind the wheel after drinking, they could be pulled over, arrested, and charged with driving under the influence (DUI). Georgia takes a strict approach to DUIs, which can have significant implications for a person’s future if convicted.
In Georgia, a blood alcohol content (BAC) of 0.08% and above is illegal and can result in a DUI Per Se. For those under the age of 21, it is illegal to have a BAC of 0.02% and over. Each successive drink an individual has can increase their BAC and affect their ability to be alert and react to hazards. However, there are other factors that can also impact a person’s BAC, so regardless of age, it is important to hire a lawyer or an underage DUI lawyer as applicable. Additionally, even if your BAC is under the .08 level, the prosecutors can still charge someone with a DUI “less safe.” This means that even though the drivers blood wasn’t necessarily over the legal limit, the alcohol made the driver less safe than they would have been had they not drank any alcohol.
What you do after being arrested for a DUI is critical to the outcome of your case. Before anything else, you should hire DUI lawyers in Macon, GA to represent you. Without their help, you could be left to face unwanted consequences. A lawyer will ensure you do not do or say anything to exacerbate your situation or hurt your case. They will also provide valuable guidance on what you should do next.
Your lawyer will review the details of your arrest, charges, and how your case has been handled. They will help you prepare for your arraignment hearing, where you will enter your plea. Following your arraignment, your case may proceed through the justice system, where your case will be heard, you can argue your defense and provide evidence, and your lawyer can negotiate for you so you can avoid a conviction. Your lawyer may also file pre-trial motions as necessary to protect your rights. After your case has received its due process, a decision will be made regarding your charges.
Given everything that is at stake when facing DUI charges, it is important not to delay hiring a lawyer, especially with Georgia’s 30-day rule. This rule requires that you request a hearing with the Department of Driver Services within 30 days of your arrest if you wish to avoid having your license suspended. You can also apply for an ignition interlock device at this time as well. Your lawyer can help you handle the requirements for this process and negotiate on your behalf.
If you have been arrested for a DUI, it can feel intimidating and invasive. While you may feel like you have to go along with whatever the police tell you, you still have rights that you can invoke to protect you. These rights ensure you have higher chances of a more favorable outcome. Once hired, your lawyer will also protect these on your behalf. Below are a few of the rights you can take advantage of when you are cited for a DUI.
Due to changes in Georgia law within the last few years, Georgians have the right to refuse a breath or blood test when pulled over and charged with a DUI. This allows you to retain your rights. It also weakens the prosecution’s charges, and your refusal of a breath test cannot be used against you during the legal process, however, refusing a blood test can be used against you. This has lead to a great increase in the amount of blood tests law enforcement administers. However, refusing a breath or blood test may cause your license to be suspended for one year unless you take action within 30 days. So, it is essential to hire a DUI lawyer near you to negotiate and fight for you.
Miranda Rights protect you from incriminating yourself when you have been arrested. While they may not be required in every situation, they do have to be read to you if law enforcement takes you into custody or interrogates you. The importance of Miranda Rights is that they allow you to remain silent so you do not say anything that can be used against you and have a lawyer present who can speak on your behalf, defend you from the charges, and negotiate a more favorable outcome.
You have the right to defend yourself against DUI charges. You are allowed to be heard and provide evidence for your defense. You also have the right to a trial if applicable to your situation. Receiving your due diligence is essential when facing any kind of charge to ensure your freedoms and rights are not violated.
It is important to have a strong defense when facing DUI charges. This can help you maintain your freedom and reduce the risk of serious consequences. Your lawyer will assess your charges to determine what factors contributed to the arrest and what the most effective defense will be for your situation. Some of the most common defenses that your lawyer might use in your case may include:
Each of these defense strategies can help lower or eliminate your liability and, therefore, affect whether or not you may be charged and to what extent. Your lawyer will tailor their strategy to your specific circumstances to maximize the case results in your favor. As such, it is vital to not hide anything from your attorney when discussing your case, as it could result in an ineffective defense that could backfire and prevent them from fighting for you to the fullest extent.
A DUI conviction can have serious repercussions. Sentencing can require that you serve time, pay fines, and/or serve community service. You could also be required to install an ignition interlock device in your vehicle. The severity of your charges, along with other varying factors, can make a difference in what type and degree of sentence you could receive. If you are facing a conviction for driving under the influence, a DUI attorney in Macon, GA will negotiate and argue your case to get your sentence reduced. Below is a closer look at some of Georgia’s impaired driving penalties.
First-time offenders can receive multiple punishments for a DUI. They could be required to spend up to a year in jail, serve a minimum of 40 hours of community service, and pay a fine ranging from $300 to $1,000. A DUI conviction is also likely to include a suspended license for a maximum of one year, and one will have to pay a reinstatement fee after the suspension.
If an individual receives a second DUI conviction within ten years of their previous conviction, they face more serious charges for the repeated offense. Offenders face jail time, increasedfines and have their license suspended for eighteen months. Unlike a first offense, 240 hours is the minimum for community service. Additionally, because a pattern has been established, offenders are required to complete a clinical evaluation. They may also be required to attend a substance abuse program, paid for out of their own pocket.
If individuals are sentenced to a DUI for a third time within five years of their last offense, they still face up to twelve monmths jail, but many of the other consequences increase significantly. The fine for a 3rd offense in 10 years ranges $1,000 to $5,000 and be required to complete a minimum of 240 community service hours. Their name, photo, and address can also be included in the newspaper. Additionally, the driver will be deemed a habitual violator if the three convictions are within 5 years of one another, and their license plate can be taken and sent to the Department of Motor Vehicle Safety. They must also undergo another clinical evaluation and attend treatment if required.
DUI’s, like other criminal records, can have collateral consequences that can affect your future beyond the initial court process. These consequences can restrict you from finding employment, housing, seeking an education, and more. It can make many of these processes harder since your record must be disclosed before a decision can be made in these instances. A lawyer can help prepare you for any challenges you might face as you move forward.
According to Georgia’s Alcohol & Tobacco Division of the Department of Revenue, more than 150 young people die every year as a result of underage drinking. It can also be detrimental to their health and development. Given the threat this poses to underage individuals and the community, it is important to hire underage DUI lawyers if your son or daughter has been arrested and charged with a DUI.
As mentioned above, the legal limit for those under 21 is only 0.2%, which makes them especially susceptible to DUI charges if they have been drinking. An underage DUI attorney can defend them so the charges do not threaten their future or keep them from their education, finding a job, and more. Having a strong defense is key to getting these charges lowered or dropped altogether, so it is important to be transparent with the underage DUI attorneys you have hired so they can identify and apply the most effective strategies.
While DUIs are most commonly issued for alcohol-related offenses, they can also extend to drug offenses. In fact, during the most recent traffic safety report by the Governor’s Office of Highway Safety, it was reported that drivers under the influence of drugs made up 17% of the 1,670 fatal crashes that occurred in Georgia. They also found that drugged drivers were primarily between the ages of 25 and 34 and primarily using cannabinoids and stimulants.
Given the serious stance Georgia takes on drug crimes, it is crucial to hire a drug possession lawyer. You could be arrested if you are found using or in possession of a variety of controlled substances or prescription drugs without a prescription. If arrested or convicted on drug DUI charges, you could face jail or prison time and fines. Your lawyer will work to get your charges reduced or dismissed. They may even be able to negotiate a plea bargain for you.
Representation is essential in the face of a DUI. An experienced lawyer provides valuable advice and defense strategies to help minimize the situation you are in. They understand how overwhelming the process can be and provide compassionate guidance to help you navigate the various legal requirements. Your lawyer has an extensive knowledge of the law and what factors can make a difference in your case. They will ensure you have a strong case that can combat the charges against you. As they fight for you, you can be confident that you are in good hands.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC