DUI Lawyer Serving Georgia
Handling Cases in Metro Atlanta and throughout Georgia
DUI is the common acronym for “driving while under the influence” of alcohol or drugs. The state of Georgia has strict laws and stiff penalties for DUI convictions.
If you are charged with a DUI in Georgia, it is vital that you get immediate legal help. In most cases, your license will be surrendered at the time of your arrest, and you will be issued a temporary driving permit that will be valid for 45 days after your arrest. If you do nothing, your license will be suspended on the 46th day. You have the option, however, to either appeal your license suspension or apply for an ignition interlock device limited driving permit within 30 days of your arrest. You should not make this decision without the advice and guidance of an experienced DUI attorney.
Georgia’s 30-Day Rule
What is the 30-Day Rule?
If a police officer stops you, suspects you are under the influence, asks and you refuse to take a blood, breath or urine test, or you take one of the tests and your result is over the legal limit for your license class, an administrative license suspension under Georgia’s Administrative License Suspension Law (ALS) may be applicable. This can take place before you’ve even had your first court date. You will have only 30 business days to request a special hearing or apply for an ignition interlock device limited driving permit. If you do not take action within that time, your driver’s license will be suspended for a minimum period of one year.
When does the 30-Day Rule apply?
- You refused to take a blood, breathe or urine test
- You took one of the three tests and your blood alcohol content was over the legal limit of 0.08
- After you tried to take the tests the police officer stated “you refused” or you provided an insufficient sample
- You were under 21 on the day of the arrest and your test result was .02 or higher
- You are a commercial driver and your blood alcohol level was .04 or higher
- You do not know what your blood alcohol level was
At the Ghanouni Teen & Young Adult Defense Firm, located in Woodstock, we defend Georgia residents as well as residents from other states charged with a DUI offense, while vacationing or driving throughout Georgia. This includes all of the metro Atlanta counties of Barrow, Bartow, Butts, Carroll, Cherokee, Clayton, Cobb, Coweta, Dawson, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Haralson, Heard, Henry, Jasper, Lamar, Meriwether, Morgan, Newton, Paulding, Pickens, Pike, Rockdale, Spalding, and Walton. We also handle cases in all metro Atlanta area municipalities. Even if you don’t see a location listed, our team probably handle cases there too.
If you’ve been charged with drunk driving, it’s critical to retain competent legal counsel as soon as possible to prepare a defense strategy and challenge the suspension of your license. Depending on your driving record and DUI history, you could lose your driver’s license and face a jail sentence.
Don’t ever assume there is no challenge to a DUI charge. Each situation will have unique circumstances, however, a lawyer with in-depth understanding of Georgia DUI law can determine if your arrest and the charges sought will hold up in a court of law. There may be any number of factors that determine the final outcome of your case.
Although law enforcement would have you believe otherwise, Breathalyzers are not infallible. Like any equipment, a Breathalyzer or other testing device must be properly maintained as well as correctly calibrated to deliver an accurate reading.
Furthermore, arresting officers are also required to administer a field sobriety test according to certain prescribed procedures. If proper protocol is not followed, a DUI charge may be dismissed.
If you can prove that a law enforcement officer did not have reasonable cause to stop you on the highway, the charges against you may very likely be thrown out of court based on a violation of your Constitutional rights.
Why Legal Help is Important
For most people a DUI arrest is their first contact with the legal system, and they typically do not understand the consequences of the charges filed against them or the importance of retaining an attorney to protect their rights.
If you are convicted of a DUI offense, you will have to deal with a long list of serious consequences. You will have court costs and fines, which increase depending on whether your charge is a first, second or third offense. There will be additional fees to reinstate your license, following an administrative hearing, which is separate from criminal court proceedings. Whether you lose your license or are sent to jail, your freedom and your ability to earn a living will are affected. The long list of DUI repercussions include:
- Fines & Court Costs
- Loss of Driver’s License
- Mandatory Jail Sentence
- Vehicle Immobilization or Impoundment
- Alcohol Abuse Assessment & Treatment
- Criminal Record
- Increased Insurance Rates
- Cancellation of Insurance
- Job loss
- Required Community Service
- Mandatory Alcohol Safety School
Well versed in the scientific procedures and techniques that police officers administer to try to prove your guilt, our firm is prepared to question the reliability, accuracy and validity of the tests, as well as the police procedures leading to your arrest. When you seek our firm’s help, we will aggressively protect your legal rights, handle all necessary paperwork and work with the prosecutor and the court to explore alternatives to a severe sentence and loss of driving privileges and achieve the best outcome possible.
When you need legal help to protect your rights and provide a thorough defense, call our law firm at 770-720-6336 to learn how an expert attorney’s early intervention on your behalf can play a significant role in minimizing the charges and improve the final outcome of your case.
Frequently Asked QuestionsIsn’t a warrant required for the police to search me?
In general terms, a warrant is required for police to initiate a search. If a police officer comes to your home, a warrant will be required to take you into custody. However, if the officer has reason to think you might run, destroy evidence or harm someone else, he can arrest you at home without a warrant.
If an arrest takes place somewhere other than your home, the following circumstance dictate that a warrant is not necessary for search:
- Consent – While you are not required to consent to any police searches, a warrant is not required if you consent to a search of your body, your vehicle, or your home. You always have the right to say no to search and make the police get a warrant or use their discretion to search, which can be challenged in court
- Searches incident to arrest – When making an arrest, a law enforcement officer is permitted to search your body and/or clothing for weapons or other contraband.
- Vehicle searches – If you are in a vehicle and are stopped for questioning, the police still need probable cause to conduct a complete vehicle search that includes locked trunks, glove or other compartments.
- Exigent circumstances – Searches may be conducted if there are “exigent circumstances,” for example, if the officer believes evidence may be destroyed unless he takes immediate action.
- Plain view – When police see an object that is in plain view, a search warrant is not needed.
How we help You
We help to minimize the impact that the accusations against you have on your life by creating a customized plan that best serves you.
We do not offer one size fits criminal defense.
We help protect the futures of Georgia teens and young adults accused of crimes.