DUI Lawyer in Atlanta, GA

Arrested for Georgia Code § 40-6-391?

Being arrested for DUI can be embarrassing and frightening. Most people understand how serious it can be to face charges for driving under the influence of drugs or alcohol. A single Georgia DUI charge can mean jail time and license suspension. Repeat DUI offenders may face even more severe consequences. If you caused an accident that led to severely injuring or killing an innocent victim, you could be charged with a felony.

At this critical time, you should speak with a criminal defense attorney who understands Georgia DUI law and will help defend you against the maximum consequences. An Atlanta DUI attorney can help you keep your license and protect your rights during the investigation. They can also coach you on interacting with law enforcement officers to protect your image and help you avoid accidental self-incrimination.

Call our DUI attorneys today if you or a loved one is accused of a DUI offense. Our legal team provides aggressive, skilled defenses for various aspects of criminal law, including a Georgia DUI. Unlike other law firms, we do not shy away from a fight and will take your case to trial if necessary. We have handled countless DUI arrests in our years of practice and will put that knowledge and experience to work for your DUI case. Call 678-616-2647 immediately to schedule a free 60-minute consultation regarding your drunk driving defense.

What Are Georgia’s DUI Laws?

The primary law concerning driving under the influence is Georgia Code § 40-6-391. Georgia DUI laws are incredibly stringent to deter individuals from driving under the influence of alcohol or other drugs, including certain prescription drugs. However, many individuals who are pulled over and accused of driving while intoxicated are not guilty of DUI. Hiring a Georgia DUI lawyer is one of the best ways to ensure your rights are protected and that you do not receive a harsher sentence than you deserve.

Georgia law does not permit drivers to operate a vehicle if their Blood Alcohol Content (BAC) is over a certain limit. BAC limits in Atlanta, GA, vary depending on the person driving. For example, commercial drivers generally face stricter limits and stiffer penalties than those operating passenger vehicles. Driving laws also change for minor drivers.

A driver may be arrested for DUI if any of the following are true:

• The driver is over 21 years of age and operated a passenger vehicle with over 0.08% BAC.
• A commercial driver operates a truck or other commercial vehicle with over 0.04% BAC.
• A person younger than 21 years of age drives with a BAC of 0.02% or higher.

Experienced Atlanta DUI lawyers can help you understand your charges and fight an unfair DUI conviction. Call our law firm now to learn how we can help.

How Are Minors Affected by DUI Charges?

Georgia has zero tolerance for underage drinking and driving. DUI cases that involve minors are handled differently than adult DUI cases, as follows:

• First DUI offenses under age 15 result in a $210 fee, license suspension until 17 years old, and DUI Alcohol or Drug Risk Reduction programs.
• Second DUI offenses under age 15 will lead to a $310 fee, license suspension until age 18, and DUI Alcohol or Drug Risk Reduction programs along with associated costs.
• Subsequent DUIs under age 15 require license suspension until age 18, mandatory alcohol or drug rehabilitation programs, and a $410 fee.
• First offenses from ages 16-20 result in license suspension for six months if the BAC is under 0.08% and for 12 months if the BAC is higher than 0.08%, a $210 fee, and required DUI Alcohol and Drug Risk Reduction Programs.
• Second DUI within five years for age 16-20 brings license suspension for 18 months, a $310 fee, mandatory Drug or Alcohol Risk Reduction Program, clinical evaluation, and a minimum 120-day ignition interlock device.
• Third or subsequent offenses within five years for age 16-20 can mean license suspension for up to five years, a $410 fee, DUI Alcohol or Drug Risk Reduction program, clinical evaluation and treatment, and a minimum 2-year use of ignition interlock device.

What Should I Do if I’ve Been Arrested for DUI?

If you have been pulled over or arrested for DUI in Atlanta, GA, it is critical to understand your rights. Contacting an Atlanta DUI attorney is one of the best ways to protect yourself from illegal practices performed by ill-informed or undertrained police officers. Your GA DUI lawyer can advise you on whether to submit to various forms of testing, how to answer law enforcement officials’ questions, and what defense strategy makes the most sense in your unique situation.

Some essential tips that can be helpful when confronting alleged drunk driving include:

• Although being pulled over can be frightening and embarrassing, you should be polite and calm when interacting with police officers.
• By holding a driver’s license, you imply consent to chemical testing, and you should submit to breath tests, blood tests, or urine tests to check for drugs or alcohol in the bloodstream.
• Georgia does not require drivers to submit to field sobriety tests, such as horizontal gaze nystagmus, one-leg stand, and walk-and-turn tests. Refusing an FST should not negatively impact your case. However, refusing to submit to testing does not guarantee a positive outcome in your trial. Speaking with a trusted DUI lawyer is a good idea before making any critical decisions.
• Making small movements and talking as little as possible can inhibit the officer’s observations and help support your case.
• Attempting to drive away if a police officer approaches you while you’re intoxicated is usually a bad idea. Don’t endanger yourself or others. Just stay put and stay calm without attempting to operate your vehicle.
• Remember that you have the right to remain silent. You do not have to answer any questions without first consulting with an Atlanta DUI attorney.

If you or a loved one is facing DUI charges in Atlanta, please get in touch with our Georgia DUI lawyers immediately for excellent legal counsel and representation. We can identify instances where your rights were violated, including poorly administrated breath tests or urine tests. You can count on our DUI defense lawyers to offer an aggressive defense and to get you the most favorable outcome possible in your DUI case.

Are Breathalyzer Tests Required in Georgia?

Georgia citizens must comply with breath and other chemical tests, unlike field sobriety tests, which are not required. This is in accordance with implied consent laws, which state that by holding a driver’s license, the motor vehicle operator agrees to submit to blood alcohol concentration tests. In other words, by getting behind the wheel, you agree to drive in a safe manner to protect other drivers and pedestrians.

Individuals who refuse to take a breathalyzer test may be subject to penalties under Georgia law. Refusing a breath test is considered an additional criminal act in addition to DUI and will result in an automatic one-year license suspension. However, individuals who suspect that the breathalyzer results are inaccurate have options. You may go immediately to a nearby hospital or medical facility and receive an independent test at your own expense. These tests are much more reliable and can prove that the officer did not administer the breathalyzer test correctly.

If you are suspected of DUI, you could face extremely harsh sentencing that can follow you for the rest of your life. An Atlanta DUI lawyer will help ensure law enforcement officials did not violate your rights during their investigation. Call our Atlanta DUI attorneys right away for help from a skilled legal team that will fight tirelessly for your well-being and reputation.

Why Do I Need to Call a Lawyer When Dealing with DUI Charges?

DUI cases are notoriously complex and result in harsh sentences. Much depends on whether the police officer performed their duties according to Georgia law. Without skilled criminal defense lawyers on your side, you may not have the knowledge or expertise to realize when your rights are being violated. A DUI attorney can protect you by holding law enforcement officers accountable when they do not respect your constitutional rights.

Some other duties DUI lawyers perform to help their clients include:

• Advising clients on how to interact with law enforcement officials, such as how to answer questions, when to invoke the right to remain silent, how to handle posting about the incident on social media (and when to refrain from commenting), and more
• Investigating the incident to uncover evidence that backs up your story
• Gathering evidence from police reports, eyewitness accounts, medical records, and more to prove that you do not deserve the maximum punishment for your DUI
• Protecting your driver’s license by getting you a hardship license or permit
• Negotiating with prosecutors to get a fair deal without stepping into the courtroom
• Representing you with confidence if your DUI case goes to trial

Atlanta DUI arrests often result in devastating sentences that leave a person unable to provide for their family or continue to live their life as they choose. Having your license suspended can mean you cannot commute to work, school, or medical appointments. Contact our Atlanta DUI law firm for a free consultation and help fighting your charges following a DUI arrest.

What Penalties Come with a DUI Conviction?

Many Georgia DUI cases end poorly because the person thinks that all they can do is accept the sentencing the judge hands out. However, this couldn’t be farther from the truth. The best DUI attorneys understand that each client deserves aggressive representation to get the lowest sentencing possible. This can mean fighting experienced DUI prosecutors who seek to put all those accused of violating DUI law behind bars. The good news is that most DUI crimes are considered misdemeanors unless certain aggravating factors are present.

Some of the potential penalties for a DUI conviction in Atlanta, GA, include:

• At least 24 hours in jail for a misdemeanor DUI with one year of probation and a fine of up to $300 for a first-time misdemeanor DUI
• Between three and 90 days in jail, a $600 fine, and license suspension of up to three years for a second DUI
• Between 15 days to one year in jail, a fine of at least $1,000, and license suspension for five years for a subsequent felony DUI
• Mandatory drug and alcohol evaluation
• Completion of an alcohol risk reduction program
• Forfeiture of the license plates or vehicle
• Compliance with ignition interlock device use for at least a year
• Between 20 hours to 30 days of community service

Reach out to our top DUI lawyers for help with your Georgia DUI case. We can help ensure that you do not face harsher penalties than you deserve and will keep law enforcement officers accountable to the law for executing their duties properly.

What Is a Felony DUI?

Many DUI charges are considered misdemeanors. However, some Georgia DUI cases are tried as felonies because of certain aspects of the case. A felony DUI can mean more severe penalties, a longer time in prison, and a criminal record that can haunt you for years. If you are facing felony DUI charges, you need excellent DUI defense lawyers to handle your DUI case.

Some examples of felony DUI cases include:

• Fourth or subsequent DUI within ten years
• DUI where the defendant causes an accident resulting in severe injury or death of another person
• DUI where a child was in the vehicle, resulting in child endangerment charges

A felony DUI can have more consequences beyond time in jail and fines. The individual would have a blemish on their criminal record that could make getting professional licensing impossible, restricting the careers available to that person. They may also find it difficult to keep custody of their children in a divorce, threatening their precious family relationships. Call a trusted Georgia DUI lawyer today to learn more about how Georgia DUI laws affect your case and whether you will face felony charges following your arrest.

What Defenses Are Effective with DUI Crimes?

One of the most important aspects of fighting a DUI charge is hiring a DUI lawyer who is dedicated to developing a solid defense that will help you avoid the maximum sentencing in your DUI case. DUI lawyers can give advice based on your unique circumstances and their understanding of local laws based on years of experience.

Some common DUI defense strategies that can be effective in Atlanta, GA, are:

• Inaccurate breathalyzer test, especially when based on a second test from an independent source
• Illegal traffic stop
• Lack of reasonable suspicion or probable cause
• Medical conditions cause false indicators in breathalyzer results
• Poorly administered breathalyzer or field sobriety test
• Medical permission for prescription drug use

For the best possible DUI defense, please contact our law firm immediately. We will stand by your side as allies in your corner to protect your rights and ensure that you do not suffer from needlessly harsh sentencing.

What Factors Can Increase Sentencing in a DUI Conviction?

A DUI/DWI can increase in severity if certain factors become apparent. For example, if the person possessed illegal drugs or weapons that police officers found in the vehicle, they could face additional charges. Understanding every aspect of your charges is essential to construct a defense that gets you the outcome you’re looking for.

A few examples of potential aggravating factors are as follows:

• Illegal possession of a concealed weapon
• Possession of illegal drugs
• Repeat offenses, especially if this is your fourth or subsequent DUI
• Having a child in the car, which may lead to child endangerment charges
• Refusing to comply with a breathalyzer or chemical test
• Domestic violence charges
• Causing an accident that results in serious injury or death of another person

The best DUI lawyers will be aware of potential aggravating factors and will meet these challenges head-on when confronting the prosecution in negotiations and in a Georgia court. Contact our law offices for free legal advice regarding your unique DUI charge.

How Can I Choose the Right DUI Lawyer?

Picking a DUI lawyer in Atlanta, GA, can be difficult with the many options available. You need a DUI attorney with vast amounts of experience handling these delicate cases. Your lawyer will be a critical aspect of protecting your reputation, your license, and your freedom as you answer to suspected charges of driving under the influence.

Some tips that can be helpful when choosing a DUI attorney are:

• Pay attention to whether your attorney confidently answers your questions.
• Choose a lawyer who offers a free consultation, so you have the chance to discuss your case before hiring the law firm.
• Pick a criminal defense attorney with experience handling cases similar to yours.
• Read reviews and ensure your lawyer is known for a record of success.
• Hire a DUI attorney who is not afraid to take your case to trial.

Should You Hire Our DUI Defense Attorneys?

With the potentially severe risks that come with a DUI conviction in Atlanta, GA, you should not take any chances with hiring a lawyer who is unqualified or unsure about handling your case. At Mones Law, P.C., we are highly trained and experienced when it comes to Atlanta, Georgia, DUI laws. Our attorneys are not afraid to fight for our clients, even if it means taking the case as high as the Georgia Supreme Court. Unlike other law firms, we don’t shy away from a challenge and will meet our opposition aggressively and confidently in and out of the courtroom.

When you or a loved one is facing severe penalties because of an alleged DUI, you can count on our legal team for counsel and support. Other DUI lawyers don’t have the knowledge, experience, or skills necessary to get the favorable results you need. Call our law firm right away for a free 60-minute consultation where we can discuss the unique details of your case and give you the peace of mind of knowing powerful legal allies are backing you up. You can reach us at 678-616-2647 to schedule your consultation.