The drunk driving laws in Georgia are among the most difficult to comprehend because of the intricacies involved. Of course, these laws prohibit driving a car while under the influence of alcohol (DUI). But they also prohibit people from driving under the influence of drugs.
Our strategic Palmetto DUI lawyers with J. Ryan Brown Law understand what the prosecutor needs to prove to secure a conviction. Your dedicated Palmetto criminal defense attorney can work to protect your reputation and fight the prosecution’s case. Contact our office for a confidential consultation today and learn more about which defenses are best suited to challenge your DUI charges.
Working with a top-rated DUI lawyer from J. Ryan Brown Law should be a priority, as the state takes drunk driving allegations seriously in an effort to reduce the number of collisions, injuries, and fatalities that are associated with DUIs. According to the National Center for Drug Abuse Statistics, there were 375 drunk driving fatalities in Georgia and approximately 261 DUI deaths every day across the country.
With numbers this high, it is easy to see why law enforcement officials are cracking down on DUIs and drugged driving. However, you may be wrongfully accused or have an opportunity to clear your name of the allegations against you. You do not need to accept a guilty verdict just because you have been taken into police custody or charged with a DUI. With our firm at your side, you could get your charges reduced to a less serious offense or dismissed altogether.
The statute outlawing driving while under the influence is outlined under the Official Code of Georgia Annotated §40-6-391. This law states that it is against the law for any individual to drive or operate a vehicle while affected by drugs, alcohol, or a combination of the two. There are two ways for a prosecutor to prove that someone was driving under the influence of alcohol in court.
The first is to show that a defendant’s blood alcohol content (BAC) was .08 percent or more. The second is to offer the police officer’s observations—meaning that they may use the officer’s word—to prove that someone was under the influence of alcohol to the extent that it is not safe for them to drive. Our practiced DUI attorneys in Palmetto can fight allegations on your behalf and help you better understand how to build your DUI defense per state law.
If you have been stopped by police under suspicion of driving under the influence, working with a Palmetto drunk driving attorney could be the best way to protect your future. No one is going to fight for your freedom more than you, but J. Ryan Brown Law will do everything possible to help you dodge a conviction.
The consequences of a guilty verdict could have a catastrophic impact on nearly every aspect of your life. Not only do you need to worry about criminal penalties that come with a conviction, but collateral fallout can be just as impactful and continue to haunt you for the foreseeable future. Here are some of the most common penalties that follow a DUI conviction in GA:
You might have thought jail or prison time was not possible in a drunk driving case. However, this is one of the most serious consequences that you could be subject to if you are found guilty. Your DUI attorney will be responsible for helping you understand the maximum amount of time you could be sentenced to. Generally, first-time DUIs are tried as misdemeanor-level offenses. If you are convicted of a misdemeanor DUI, you could spend up to one year in a Glynn County jail. With the right criminal defense lawyer on your side, you could spend as few as 24 hours in jail.
If your chargers are prosecuted as an enhanced misdemeanor, also commonly referred to as high and aggravated misdemeanors under Georgia Code § 17-10-4, your penalties could increase considerably. This may be more likely if you caused a collision that resulted in serious injuries or property damages. If you have multiple DUI offenses on your record, your DUI charges could be elevated to the felony level. As a habitual offender, you may be sentenced to a mandatory minimum of one year in jail, but you could find yourself facing a five-year sentence in a Georgia state prison.
Suspension of your driver’s license is common in a DUI case. Even if this is your first offense, you should expect your driver’s license to be suspended for up to one year. However, our DWI lawyers have represented clients who are repeat offenders. If you have a second DUI conviction on your record within five years of your initial DUI conviction, your driver’s license could be suspended for up to three years.
If you are designated a habitual offender, your driver’s license could be revoked for up to five years. However, revocations as extensive as these are generally only reserved if a defendant has been charged with a third DUI within five years of their second DUI conviction. According to the Georgia Department of Driver Services (DDS), you may be able to apply for a hardship license so you can go to work or transport yourself or loved ones to necessary doctor’s appointments. Otherwise, your driving privileges will be restricted until you are eligible for restoration.
It is not only jail time and the suspension of your driver’s license that you need to be concerned with. Your DWI lawyer will also help prepare you for the financial penalties that come with a drunk driving conviction. If you are convicted of a first-time misdemeanor, the maximum fine you can receive is $1,000. However, you may be ordered to pay a minimum $300 fine.
If you have multiple DWI convictions on your record, you could expect fines to increase by thousands of dollars. The maximum fine for a DUI in Palmetto is currently $5,000. You may also be required to pay court fees, restitution to victims, and the installation of an ignition interlock device.
Our DWI attorneys have seen countless defendants who were required to install ignition interlock devices (IIDs) on their vehicles after a conviction. Ignition interlock devices may not always be required if you are a first-time offender, but a second defense will almost certainly result in an IID penalty.
Once an IID is installed in your vehicle, you will be required to pass this breathalyzer test before your vehicle will start. If you blow into the breathalyzer and you are above the legal limit, your car will simply not start. You cannot avoid the breathalyzer by having someone else blow into it, as many ignition interlock devices will take a photo of the person who is blowing into the device. This should deter you from drinking and driving in the future.
In many cases, you will not only lose your license but have to install an ignition interlock device once your driving privileges have been restored. In limited circumstances, we may be able to avoid a formal driver’s license suspension by agreeing to install an IID in your vehicle for a predetermined amount of time.
In addition to the criminal sentence you receive, if you are convicted, you also need to be prepared for the potential collateral consequences that could follow you once you have served your time. Your DWI attorney will ensure you understand the various ways your life could be affected post-conviction. For instance, if you are found guilty of drunk driving, you can expect this conviction to remain on your criminal record indefinitely. When you apply for housing, federal student aid, or even a job, your conviction will be seen by prospects during standard background checks. This could mean you no longer qualify for student funding, are passed over for a job opportunity or promotion, or even denied housing.
Furthermore, a DWI conviction could give people the impression that you are reckless, irresponsible, or not to be trusted. If this happens, you could lose your professional license, which could limit or prevent you from continuing to earn a living. Your child’s other parent could also petition the court to modify the existing child custody and visitation agreement if there is a chance you could put your child in jeopardy. For these reasons and more, defending yourself should be a top priority when you are accused of drunk driving.
Our Palmetto DUI lawyers are here to help you through this difficult time in your life. Immediately after you are arrested, you may be scared and worried, even if you have already been through the criminal process before. If this is your first time being charged with drunk driving or any other type of crime, you may have no idea what to expect.
After you are taken into police custody, you may be held for several hours or days, depending on when your arrest occurred. You will need to be arraigned in the Palmetto Municipal Court, which is responsible for overseeing most types of misdemeanor offenses and traffic violations. During arraignment, you will have an opportunity to plead guilty or not guilty, and bail will likely be set. The amount of your bail will be determined by the specific details of your case, including whether anyone was seriously injured or killed, whether you have a history of drunk driving on your record, or if a child was involved.
If the judge believes you are not a threat to the community and are likely to appear for your court date, you could even be released on your own recognizance (ROR). Your drunk driving attorney with J. Ryan Brown Law can help you prearrange bail so you can get through your arraignment and get home to your family sooner.
Even a first conviction for a DUI comes with a mandatory 24 hours in jail, which may extend to as long as 12 months because a DUI is a misdemeanor. In addition, the individual will need to pay a fine of at least $300 – typically more – and perform no less than 20 hours of community service.
Still, these and other penalties will not apply if you avoid a conviction. DUI cases are all unique, and there are a number of ways to challenge a DUI case in court. Sometimes, the prosecutors simply do not have enough evidence. Other times, a solid motion to suppress may help achieve a good result, and other times, perhaps a plea to a lesser offense is the correct choice. A Palmetto DUI lawyer from our firm can work tirelessly on your behalf to see if these options for any DUI charges you are facing are available.
In some cases, it may be best to contest the case during a trial. Here, a skilled team of professionals can help question the accuracy of breath or blood tests and investigate the circumstances of the case. These tactics could help you avoid the harshest of penalties that may otherwise result.
It may surprise you to learn that there are some instances in which law enforcement officials do not have the right to pull you over. In fact, unless the police have probable cause that you have committed a crime or traffic infraction, you should not be stopped by police. Your Palmetto drunk driving lawyer can review the specific details of your case to determine whether law enforcement officials had just cause to conduct a stop. If they did not, we may be able to get the charges against you dismissed.
Law enforcement officials should be properly trained on how to administer breathalyzer tests. Our Palmetto DUI attorneys have represented numerous defendants who have been wrongfully accused of drunk driving due to breathalyzer calibration issues. If the police do not properly administer the breathalyzer test, the results will not be valid. If we can successfully challenge the breathalyzer results and bring in forensic experts to verify that the breathalyzer test in question was invalid, you could secure the acquittal you need to move forward with your life.
Instead of going to court, your Palmetto DUI attorney will likely discuss the potential for pretrial diversion under Georgia Code 15-18-80. While not everyone will qualify, if you are a first-time offender and no one was seriously injured or killed due to the DUI in question, you could be eligible for pretrial diversion or probation. This gives you an opportunity to avoid jail or prison by completing specific program requirements, such as:
Then, after you complete your pretrial diversion requirements, the district attorney pleads you down to a less serious charge or dismisses your case entirely. However, it is important to know that if you do not fulfill your program requirements or violate probation, the prosecutor will proceed with the drunk driving charges against you.
Our drunk driving attorneys understand how overwhelmed you must be feeling. For this reason, we have compiled a quick FAQ discussing the top questions our former clients have had regarding their DUI charges. When you need case-specific answers, do not hesitate to contact our legal team for a personalized consultation.
Your Palmetto DWI lawyer can take a closer look at the details of your case to determine whether you meet the eligibility requirements for a hardship license. Generally, only those that may be put through undue hardship will qualify. Anyone with three or more DUI convictions may be prohibited from receiving a hardship license, according to Subject 375-3-3.
Implied consent laws under Georgia Code § 40-5-67.1 require motorists to agree to chemical blood or breath alcohol testing when they are suspected of driving under the influence. Our Palmetto drunk driving lawyers typically encourage our clients to agree to the BAC testing to avoid a mandatory driver’s license suspension.
Our Palmetto DUI attorneys most frequently defend clients who are charged with a DUI at the misdemeanor level. However, if extenuating circumstances apply, DUIs can quickly be elevated to the felony level.
Facing an arrest for a DUI can be an intimidating and frightening experience. At the minimum, you may lose your license for the length of the case. In addition, a conviction brings a mandatory jail sentence, the payment of fines, and a lengthy license suspension.
Hiring a Palmetto drunk driving lawyer can help you to avoid this outcome. Our drunk driving lawyers at J. Ryan Brown Law can work with you to understand your case, identify realistic goals, and aim to persuade a court to allow you to enter a diversionary program or develop powerful defenses for use at trial. Contact us as soon as possible to learn more.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
