If you are pulled over and charged with a DUI, it is essential to hire a Palmetto DUI lawyer right away. You will not want to face these allegations without the representation of a skilled lawyer who can work to get your charges reduced. They will help you navigate the legal process ahead and give you peace of mind that you will get the most favorable outcome possible for your situation.
J. Ryan Brown Law is ready to hit the ground running when you hire us to represent you. Our boutique firm provides you with creative solutions to resolve the legal challenges you are facing. We fight for you and ensure you have the best chance possible at a favorable outcome. When you work with a Georgia criminal defense lawyer, you can expect to receive top-notch service that gets you the results you need when so much is at stake.
Driving under the influence (DUI) is a serious offense that can leave you to face significant consequences if convicted. Drinking and driving has the potential to cause significant injuries and fatalities when accidents occur, and this risky behavior receives little tolerance in the state of Georgia.
If law enforcement suspects that a driver has been drinking, they can be pulled over and asked to complete a test to assess their blood alcohol content (BAC). This is a measure of how much alcohol is in the bloodstream, what effects it has on the body, and its ability to react and function. The more drinks an individual has, the less likely they are to be alert or in control of their faculties and decision-making abilities. In Georgia, the BAC limit is 0.08, and anything higher can result in a DUI per se if arrested. Even if your blood test is below this level prosecutors can pursue charges of DUI less afe
It is important to be aware that you have the right to refuse this test to protect your rights and eliminate the prosecutor’s favorite form of evidence from being used against you. However, refusing a chemical test can result in a 12 month license suspension if you do not act within 30 days of your arrest.
Whether this is your first offense or your third, receiving a DUI is still a stressful process and can be overwhelming for many. DUI attorneys in Palmetto, GA are dedicated to making it more manageable by handling all the legal requirements on your behalf and preparing you for what to expect.
Your lawyer will first ensure that your license is not suspended by requesting your hearing with the Department of Driver Services, which must be done within the first 30 days of your arrest.
They will also help you prepare to enter your plea during your arraignment hearing. As your case moves ahead, your lawyer will file relevant pre-trial motions, negotiate on your behalf, and protect your rights throughout the process. For some people, requesting a hearing may not be the best option. For those that refuse and meet certain qualifications, an ignition interlock device permit may be the best option.
Not only can a DUI lawyer near you help reduce your charges, but they can also help prepare you for any collateral consequences that you could potentially face. These consequences are ones that extend beyond your initial arrest and hearings. These are consequences that can follow you throughout your life and make several areas much harder. Some of the most common collateral consequences are challenges securing employment and housing, as well as pursuing education. Depending on the nature of your situation, you could face other challenges as well.
Georgia is among a handful of states that have the strictest laws when it comes to DUIs. There is little tolerance for drunk driving, and punishments may be harsher as a result. As such, without good DUI lawyers to get your charges or potential sentencing reduced, you could face several consequences that may limit your freedoms and impact your outcome and future in many ways. According to Georgia’s impaired driving penalties, individuals convicted of DUIs may face several punishments when they are sentenced. The punishments also get weightier with each subsequent offense.
While you may have to initially spend a short time in custody upon your arrest, you could spend more time in jail as part of a sentence if you are convicted of a DUI. For first-time offenders, there is the potential for up to a year of jail time. For a second offense, jail time can range from 72 hours to one year, and third offenses require a minimum of 15 days spent in custody.
You are also likely to be fined if you have been convicted of a DUI. Fines can range significantly and be steep. For a first DUI offense, the range can span $300 to $1,000. Second offenses range from $600 to $1000, while a third offense jumps up to $1,000 to $5,000.
Community service must also be completed as part of a DUI sentence. A minimum of 40 hours must be served for a first DUI, while a minimum of 240 hours is required for both the second and third offense. Because these numbers are only the mandatory minimums, the amount of community service you are required to do could actually be higher. Your lawyer can help negotiate as needed.
Losing driving privileges can significantly impact your life and is a common punishment in DUI cases. With a first offense, your license may be suspended for up to a year. You will also have to pay a $210 fee to reinstate your license when you are eligible to do so. Second-time offenders may have their licenses suspended for a duration of 18 months and must also pay the same license reinstatement fee. For individuals who have received a third DUI conviction, they will be deemed a habitual violator.
For most DUI convictions, individuals will be required to complete a clinical evaluation as part of their sentencing. If it is deemed necessary and valuable, the individuals may also be required to attend and complete a treatment program for substance abuse. Any programs that they participate in must be paid for by the individuals themselves.
There are a number of defenses that a DUI attorney or underage DUI attorney can use in your case. A strong defense can fight the charges against you with the aim of getting them lowered or thrown out. Every case is different, so a defense that may work in one case may not work in another. To determine the most effective defense for your situation, your lawyer will review your situation and take several factors into consideration before selecting the defense(s) that are most applicable to your case. Below are some common defenses that a lawyer might use in a DUI case.
If law enforcement fails to follow proper procedures, this can be used to get evidence dismissed. In some situations, your case could also be dismissed, but that is not guaranteed. If a police officer did not follow the proper protocol when they stopped you, did not have a reasonable cause to pull you over, or did not administer chemical, blood, or field testing correctly, these could be used in your defense. Your lawyer could request that the evidence in question be dismissed or claim that it contributed to a violation of your rights.
There are times when evidence can be mishandled. When this happens, your lawyer can get it dismissed from being used against you since it has been compromised or does not accurately reflect the accusations against you. This can arise from tampering, contamination, or chain of custody issues. While not guaranteed, there may be some circumstances where your charges could be dropped as a result.
Violations of your rights can be a serious problem and grounds for dismissing specific evidence or your case. Your Miranda Rights and constitutional rights are designed to ensure you receive due process, are treated fairly, and protect your freedom.
Blood alcohol content can fluctuate and may continue to rise after you have had a drink. As such, this could negatively impact your breathalyzer test and make it appear higher than it might have been when you were driving initially. Because of the possibility of changes in your blood alcohol content, your lawyer may use this as a defense to argue you were below the legal limit before you were pulled over.
Affirmative defenses can be used to nullify your part or responsibility regarding the charges against you. They could account for situations where you might have been under duress, were not aware that you were imbibing alcohol, or were driving out of necessity. If any of these are applicable to your situation, your lawyer can use them to fight the charges against you.
While young people in Georgia may consume a very small amount of alcohol at home under the supervision of their parents, they are not allowed to consume it in any great quantities or outside of the home. The legal limit for individuals under the age of 21 is 0.2%. Because this limit is so low, there is no tolerance for underage drinking, and they can easily receive a DUI if pulled over for drinking.
If your young person has been charged with a DUI, it is important to hire underage DUI lawyers immediately. They can work swiftly to get charges reduced or dismissed in order to avoid a conviction. Your underage DUI lawyer will do everything they can to prevent these accusations from becoming part of your son or daughter’s official record. Minimizing the risks and impacts on underage individuals is vital to giving them the best chance possible for their future. Additionally, a lawyer can help seal any records if applicable and needed.
In addition to alcohol, driving under the influence of drugs also occurs far too commonly. Both controlled substances and prescription drugs without a valid prescription are considered illegal. Driving under the influence of these drugs is among the most common contributors to risky driving, according to the Governor’s Office of Highway Safety. During the most recent report, drugs contributed to 278 fatalities in Georgia, which made up 17% of the 1,670 fatal crashes within the state.
Drug crimes often receive serious punishments, and it is crucial to hire a drug possession lawyer. Your lawyer will defend you and build a case to refute the charges you are facing to minimize the risk of a conviction and sentencing. In certain circumstances, a plea bargain may be applicable, and your lawyer can negotiate its terms on your behalf.
There are many advantages to hiring a lawyer when you are facing a DUI charge. First and foremost, they will speak on your behalf so you do not exacerbate the situation you are in. They also act as an ally and advocate so your rights are protected, and you receive the due diligence that you deserve. An attorney has a deep understanding of the law and strategy defenses, so they can provide you with trusted counsel and sound representation. Their negotiation skills are crucial to limiting the impact caused by these allegations. They will help you move forward and retain as much freedom as possible.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
