DUI News

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Enterprise Mill, 1450 Greene Street, Suite 535

Phone:

706-724-1896

Email:

tsaullaw@att.net

DUI Laws

DUI Drunk Driving Laws

Just because you have been charged with DUI does not mean you are guilty. Often, in fact, people charged by a police officer with committing DUI are not guilty of DUI. Under our laws and Constitution we are presumed innocent and remain innocent unless the prosecution proves guilt beyond all reasonable doubt. Don’t plead guilty to a crime without first consulting with an experienced DUI lawyer specializing in DUI defense.

Contact a DUI attorney office within ten business days of your arrest

You have been arrested for DUI. Now what do you do? If you do not contact our DUI attorney office within ten business days of your arrest then your driver’s license or privilege to drive on the highways of this state may be suspended for one year or more. We can contest your driver’s license suspension and review your DUI case to determine the strengths and weaknesses of your DUI case, whether your rights were violated, whether the evidence is admissible against you, and possible defenses you may have. If you go to court on your own, or with an attorney who does not specialize in DUI defense, and plead guilty you will be sentenced by a judge and likely face severe consequences, including jail time, license suspension, probation, fines, community service, insurance penalties, alcohol testing, alcohol counseling, etc. In some instances a DUI conviction can result in loss of employment. Call (706) 724-1896.

IF YOU HAVE BEEN CHARGED WITH DUI, YOU MAY ACTUALLY HAVE TWO COURT CASES PENDING AGAINST YOU.

  1. The first case is a CIVIL CASE which concerns your driver’s license. The government may try to suspend your driver’s license before you ever go to court for your DUI offense. You may have been illegally arrested by the police. The evidence against you may be inadmissible. The police officer may have violated your constitutional rights. You may be innocent of the charges, and the government will suspend your license anyway if you don’t act as soon as possible. REMEMBER: the government is now seeking a DUI conviction and to suspend your driver’s license, and the government has thousands of employees. You need a DUI lawyer working for you who will protect your rights and answer all of your questions. Our office will contest your driver’s license suspension, represent you at your driver’s license hearing, and defend you against the government’s charges.
  2. The second court case pending against you is the DUI CASE. DUI is a crime, a misdemeanor, and the matter will be handled in criminal court. The first thing you should do after bonding out of jail is speak with an experienced DUI lawyer. Our office will discuss with you every aspect of your case, including possible DUI defenses which may show that you are in fact not guilty of the charges. We will answer any questions you may have concerning your DUI case and the criminal court process. The legal process includes you receiving a court date for an arraignment. On that day we appear in DUI court, plead not guilty, and file all necessary paperwork including motions. Your next likely DUI court date will be a hearing on your motions. At your motions hearing, evidence will be presented to the judge, usually testimony by the arresting police officer, and the judge will rule on the admissibility of the evidence that the government will use against you to try to convict you of DUI. Often, the judge rules that evidence is inadmissible because the police officer violated your constitutional rights, which may result in a dismissal of the DUI charge. When this happens the government considers the DUI case dismissed due to a technicality (your constitutional rights). If your DUI case is not dismissed or plea bargained then it will be set for jury trial. The majority of cases are resolved before the DUI case ever makes it to trial. However, if your DUI case requires a jury trial make sure you have a lawyer who is competent to handle a DUI jury trial.

Just because the state’s DUI Breathalyzer test result is over the legal limit does not mean that you are guilty.

Many people believe that if they were charged with DUI and blew over the legal limit then they are guilty and should just plead guilty and get it over with. That is an enormous mistake. Just because the state’s test result is over the legal limit does not mean that you are guilty. A competent lawyer specializing in DUI would never plead a person guilty based on that fact alone. Did the arresting police officer violate your constitutional rights? If so then the case may be dismissed or the judge may rule certain evidence inadmissible. Was the police officer adequately trained to make a DUI arrest, and did the officer follow his training? If not, then the evidence that he based his arrest on may be judged inadmissible or unreliable. Did the officer read you your implied consent warning properly and timely? The answer to this question may determine whether the breath test or blood test can be used against you. Is the breath test or blood test result accurate? The government must prove both that the DUI test result is over the legal limit and that the government machine that produced the DUI test result is accurate. Machines are not infallible, especially machines owned by the government. These are just a few of the issues that a real DUI lawyer would examine before rendering an opinion on the strengths and weaknesses of your case.

The legal limits of alcohol in Georgia include:

  • If you are 21 years of age or older, a blood alcohol level of .08 or higher is considered DUI.
  • If you have a CDL and were driving a commercial vehicle, then a blood alcohol level of .04 or higher is considered DUI.
  • If you are under 21 years of age, then a blood alcohol level of .02 or higher is considered DUI.

The government can also charge a person with DUI by alleging that the person was intoxicated to the extent that the person was less safe to drive a vehicle. Most likely a person who has been charged with DUI because he was above the legal limit will also be charged with the “less safe” DUI. A person who refuses the state chemical DUI test will be charged with “less safe” DUI. However, even if the government has charged you with more than one DUI, they can only convict you of DUI once.

A DUI CHARGE IS WORTH FIGHTING.

A DUI conviction remains on your criminal history and your driver’s history (motor vehicle report) forever. It is not removed after seven or ten years as many people believe. A DUI conviction will suspend your driver’s license. For some people, a DUI conviction will result in losing their job or becoming unqualified for a future job. Your insurance company may increase your insurance premiums by thousands of dollars when you are convicted. DUI requires minimum mandatory jail time, mandatory fines, mandatory community service, mandatory twelve months probation, mandatory license suspension, mandatory risk reduction program (DUI school), mandatory reinstatement fees, etc.

Contact DUI Attorney, Travis Saul, at 706-724-1896 to discuss your case and your options before facing severe consequences.