It is illegal for any person to operate a motor vehicle while under the influence of drugs or alcohol. The punishments for driving under the influence (DUI) convictions can be severe, and many people do not realize the broad definition that state law gives to this offense.
A local Macon criminal defense attorney can inform you of the scope of these charges and how they may apply to your situation. A Macon DUI lawyer from J. Ryan Brown Law is ready to evaluate the strength of the prosecutor’s evidence and build a strong defense against these accusations. Reach out today to get started.
DUI cases can be more complex than they first appear. The Official Code of Georgia Annotated §40-6-391 covers the ways in which a person may violate this law, such as operating a motor vehicle while having a blood alcohol content (BAC) of .08 percent or more. If police officers suspect that a motorist is intoxicated, they can request that the driver submit to a blood alcohol test. Refusal of the blood test can result in the suspension of your license for 12 months, and you will need to speak with your DUI lawyer quickly about your options regarding your license.
In addition, a person can be charged with violating this law based on their apparent intoxication. Here, a police officer’s observations of a driver’s physical state, mental acumen, or driving may justify an arrest and prosecution. In fact, the arresting officer must have probable cause to stop the vehicle. Otherwise, our DUI attorneys may be able to get the charges against you tossed out during pretrial hearings. A Macon drunk driving attorney can provide more information about the relative laws on driving under the influence and what a prosecutor must prove in court.
For the jury to return a conviction in your case, the prosecutor must prove your guilt beyond a reasonable doubt, according to Georgia Code § 24-14-5. This essentially means that the jury should have virtually zero doubt about the defendant’s guilt after the prosecutor and defense have presented their cases. This is a tough burden that must be met. Despite the fact that you should be presumed innocent until proven guilty, we see far too often that media trials can have a significant impact on whether a jury decides to acquit or convict.
For this reason, our highly experienced DUI lawyers at J. Ryan Brown Law will be responsible for gathering the evidence we need to introduce reasonable doubt in the minds of the judge and jury. By offering alternative explanations for how the crime occurred, providing an alibi, or presenting another powerful defense strategy, the jury should find it necessary to find you not guilty on all charges.
DUI cases are serious matters in Macon. Whether this is your first offense or you have multiple DUI allegations on your criminal record, it is important to prepare for the worst possible scenario. With over 200,000 DUI charges across Georgia in 2023 alone, according to the Georgia Department of Behavioral Health and Developmental Disabilities (DBHDD), it is easy to see why law enforcement officials are taking these charges even more seriously. Your DUI attorney can give you a better idea of the severity of your charges after having reviewed the specific circumstances of your case. Here are some of the potential penalties you might face:
A first conviction will likely result in a ten-day jail sentence. Upon their discretion, a judge may lengthen this sentence to as long as 12 months (as they typically do). DUI convictions can also come with a minimum fine of $300 and community service.
The Department of Driver Services will also suspend a person’s driver’s license for at least 12 months. Although a driver may frequently acquire a permit and then reinstate their license after 120 days, our dedicated DWI lawyers at J. Ryan Brown Law can fight tirelessly to fight drunk driving charges in Macon.
Though you may initially believe DUI charges are not serious, let your DWI lawyer quickly set the record straight. If you receive a second DUI conviction within 10 years of your first DUI conviction, you could spend up to 12 months in jail. There is a mandatory minimum jail term of 72 hours before you can be released. The judge can also assign up to $1000 in fees that cover assessments, surcharges, and supervised probation. Expect to be on probation for a minimum of one year. The exact amount of time you are on probation will vary based on how much time you spend in jail.
In addition to jail and prison time, there are several other criminal penalties that could be imposed. You could be ordered to participate in a DUI, alcohol, or drug abuse risk reduction program. This program will need to be completed within 120 days of your sentence. You could also be ordered to complete up to 250 hours of community service.
With a second DWI conviction, you will be ordered to complete a clinical evaluation. The judge cannot waive this requirement. If healthcare providers determine you have a substance abuse problem, you will be required to follow their recommended treatment plan as part of your sentence. Your driver’s license will also be suspended. You will be required to install an ignition interlock device (IID) at your own expense, and your license plates will be confiscated for the duration of your license suspension.
Our DWI attorneys often represent clients who have been repeatedly charged with drunk driving. If you receive a third DUI within 10 years of your initial DUI, your fines will increase to between $1,000 to $5,000. Not only that, but you could spend up to 12 months in jail. There is a mandatory minimum of 15 days in jail before the judge can probate. You will also be required to complete up to 30 days of community service and could be placed on probation for a minimum of 12 months and get sent back to jail if you violate probation.
You will also need to undergo a substance abuse evaluation, install an IID, and figure out how you are going to live your life normally despite your driver’s license suspension. Additionally, with a third DUI conviction within five years of the second DUI conviction, you will officially receive a habitual offender designation.
Your DWI attorney should have extensive experience representing those charged with drunk driving if you are facing a fourth or subsequent DUI within 10 years of your first DUI conviction. Instead of your DUI being charged at the misdemeanor level, a fourth or subsequent DUI may be considered a felony offense. You could spend up to five years in jail, with a mandatory minimum incarceration period of 90 days. Fines will increase to $5,000, and you can expect to be ordered to complete up to 500 hours of community service. Habitual offenders could spend up to five years on probation as well.
Our Macon DUI lawyers understand how overwhelming it is when your freedom is on the line. However, it is important to remember that even after you have completed your sentence, the penalties of a conviction could continue to have a devastating impact on your life. These are commonly referred to as collateral consequences. Your Macon DUI lawyer with J. Ryan Brown Law will help you prepare accordingly. Some potential collateral consequences you could endure following a DUI conviction include:
There are many tactics that a driver may use to dispute a DUI charge in court. The most direct method our Macon DUI attorneys may use is challenging the use of a blood or breath test to prove intoxication. According to the Federal Motor Carrier Safety Administration’s (FMCSA) Implementation Guidelines for Alcohol and Drug Regulations, it is not unusual for breathalyzers to be improperly calibrated or produce false positives when they are not administered properly.
It may also be possible to exclude the results of these tests or an officer’s observations by challenging the reason for the traffic stop. An officer must have reasonable suspicion to perform a traffic stop, and an attorney can cross-examine a police officer’s observations of a defendant’s driving to call the justification into question. Every DUI case is different, and a Macon drunk driving lawyer is ready to build a strong defense catered to your unique circumstances.
What if our Macon DWI lawyers told you that you may not need to have your defense hurt at trial? If you meet specific eligibility requirements, you may be able to work out a plea agreement with the district attorney and get yourself enrolled in a pretrial diversion program as described under Georgia Code 15-18-80. Pretrial diversion agreements are similar to plea agreements in that you have specific criteria you must meet while completing the program. Some examples of requirements could include:
Your Macon DWI lawyer may be able to get you enrolled in pretrial diversion if this is your first time being accused of drunk driving and no one was harmed if you caused a collision. You can find out more about whether you meet the eligibility requirements for pretrial diversion when you meet with our legal team to discuss your arrest and the criminal charges against you.
If you are feeling terrified thinking about what the future might hold if you are convicted, you are not alone. Our DWI attorneys have listened to countless individuals charged with drunk driving voice their concerns for what the future may bring. If you understand what you expect from the charges against you, you may feel more confident defending your case at trial or negotiating with the prosecutor.
For that reason, your Macon DWI attorney at J. Ryan Brown Law has put together this quick FAQ that answers some of the top questions regarding drunk driving charges in Macon. Do not hesitate to contact our law office for a confidential consultation if you have additional concerns or questions we did not address on this page.
Our drunk driving lawyers have regularly represented individuals who unintentionally violated Georgia’s implied consent laws. Under Georgia Code § 40-5-67.1, all motorists have given their implied consent to chemical blood alcohol testing that determines your blood alcohol concentration (BAC) levels.
Since you gave your implied consent to a BAC test, if you go on to revoke your consent, you can face serious penalties. Even if your drunk driving lawyer can get the DUI charges against you dismissed or win at trial, your driver’s license will still be suspended for at least one year from the incident date.
If you find out there is a warrant out for your arrest, do not wait long to get it cleared. Our drunk driving attorneys may be able to help you avoid the embarrassment that comes with a very public arrest. Our criminal defense lawyers can help you prearrange bail and turn yourself into a law enforcement official sooner so you can get back to your family.
It depends on whether the judge sets bail after your arrest. It is unlikely the judge will deny you bail unless you have an extensive criminal record or there is evidence to suggest denying bail is appropriate. When you appear at arraignment, you will enter your plea of guilty or not guilty, and the judge will determine whether bail should be set.
It is up to your drunk driving attorney to convince the judge that a high bail is inappropriate or unnecessary. In some instances, the judge may release you on your own recognizance. If they do not believe you are a risk, have substantial ties to the community, and are not a threat to anyone, there may be no need to set bail at all. However, if the judge does set bail, you will need to post bond before you can secure your release.
There are multiple criminal offenses that could be charged in relation to your DUI charges. Some examples of these crimes could include:
DUI convictions are not eligible for expungement in Georgia because they are considered aggravated misdemeanors for even first-time offenders. This means your DUI conviction will remain on your criminal record for the rest of your life. If you apply for housing, employment, or anything else that requires a background check, those viewing your background check will see your DUI conviction. For this reason, it is of utmost importance to clear your name of the drunk driving charges against you.
However, it should be noted that if you were charged with a DUI but the charges against you were ultimately dismissed or arrested on suspicion of drunk driving but were never formally charged, your arrest or initial charges can be expunged from your record under SB 228. To find out whether you are eligible for record expungement, do not hesitate to consult Macon drunk driving lawyers for more personalized answers in your case.
No. While you may be tempted to speak with the police in an attempt to help them see that you could not possibly be under the influence of drugs or alcohol, it is important to keep in mind that anything you say to the police can be used against you. The Fifth Amendment protects you from self-incrimination and gives you the right to remain silent. Instead of trying to convince them not to charge you with a DUI, tell them that you are going to exercise your right to remain silent until your Macon DUI attorney is present.
Allegations of driving under the influence are serious matters that have the potential to impact every part of your life. If convicted, you face a mandatory jail sentence, hefty fines, community service requirements, and the possible suspension of your driver’s license. Due to the severity of a DUI charge, it is critical to enlist the help of our seasoned Macon drunk driving attorneys immediately.
A Macon DUI lawyer can explain the state’s drunk driving laws and investigate why an arrest occurred. We can also evaluate the officer’s actions and observations to build a powerful defense. Call today to schedule your free consultation.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
