According to Georgia DUI Laws, a driver can violate the law in two different ways. An officer can access your driving behavior and determine you are operating a car under the influence of alcohol, or your chemical test (blood or breath) reveals a 0.08% or higher Blood Alcohol Content (BAC). Both of these actions are grounds for a DUI arrest.
When you are charged with a DUI in Smyrna, you should contact a qualified Smyrna DUI attorney immediately. In Georgia, you may face the following outcomes if convicted of a DUI:
- Insurance premium increases
- Expensive fines
- Loss of driver’s license
- A permanent record
- Time in jail or prison
- Public service
- Mandatory DUI alcohol or drug risk reduction programs/classes
A knowledgeable criminal attorney in Smyrna can help to reduce or dismiss any potential penalties associated with your DUI charge.
Proving the Charge
In order to be found guilty of driving under the influence in Georgia, these factors must be proven by the prosecution.
- The driver must have been driving or in control of a vehicle while intoxicated
- The person’s actions under the influence of alcohol were considered to be less than safe while operating a vehicle
- The driver’s blood alcohol content is at 0.08% or higher
- The driver had illegal drugs or substances found in their system
To effectively challenge the prosecution’s allegations, an individual should not hesitate before consulting with a DUI attorney in Smyrna.
Establishing a Defense
A Smyrna DUI lawyer can help a defendant develop strategies to create a successful drunk driving defense. For an attorney to establish a DUI defense in their client’s favor, they should provide the following information.
- Recall what happened during the arrest and know the answers to important questions. Were Miranda Rights read? Was the sobriety test administered properly? Did the arresting officer explain the consequences of refusing a sobriety test? Any missteps in any of these areas can work to the defendant’s benefit.
- Keep copies of any documents that were received during the arrest. The attorney can review the documents to see if procedures were followed correctly and by the law.
- It is important to remember what one was doing prior to the arrest. If they were consuming alcohol, tell the attorney how much they drank. If they were not drinking alcohol, make sure that is known. This can prove the arresting officer made a mistake in their judgments and assumptions regarding physical behavior.
- Reveal any medical procedures or medications that would mimic the behavior of someone under the influence of alcohol or other substance abuse.
- Recount if the police officer coerced self-incrimination in any way during and after the arrest. This improper action by police may have the case dismissed.
A Smyrna DUI conviction can have devastating consequences on a person’s personal and professional life. Some companies will not hire individuals with DUI arrests or convictions on their records. A DUI arrest or conviction can create havoc in their personal life when their driver’s license is suspended or car impounded.
A DUI first offense in Georgia can result in up to one year in jail, a license suspension, community service, and probation. A second offense may yield not only up to one year in jail but also up to three years’ license suspension. A third offense can result in up to one year in jail, hefty fines, up to five years’ license suspension, and a possible ignition interlock device.
A fourth offense can be considered a felony, and those convicted may serve one to five years in a Georgia prison. Georgia takes DUI arrests and convictions very seriously. To defend against such penalties, an individual should not hesitate before contacting a DUI attorney in Smyrna.
Contact an Attorney
Everyone should aim to avoid getting a DUI charge or conviction. However, when they cannot, they should be sure to contact a Smyrna DUI lawyer as soon as possible. A knowledgeable attorney can help minimize the charges or lessen the punishment.