Georgia has some of the strictest driving under the influence (DUI) laws in the country. If arrested in Alpharetta for DUI, the offense, unlike in other many other states, stays on a defendant’s public record forever.
It is best, if arrested for a DUI, to contact an Alpharetta DUI lawyer immediately to protect your rights and to assist you in obtaining the best possible outcome in your case. An experienced criminal defense attorney who has built many strong defenses for DUI charges in Alpharetta can help to build yours.
Georgia’s DUI Laws
Under Georgia law, a defendant is driving under the influence of alcohol if their blood-alcohol level (BAC) is 0.08 or greater. If the driver is under 21 years of age, and their BAC is 0.02, they are in violation of Georgia’s DUI laws. Additionally, if a defendant is in physical control of an automobile or had a BAC of 0.08 within three hours after having been in physical control of a moving vehicle, the driver is in violation of Georgia’s DUI laws.
Further, a driver may be guilty of DUI even if they do not have a BAC of 0.08 or higher. A charge might occur when the driver has a BAC under 0.08 if they were driving in an unsafe manner. In Georgia, the type of DUI charge, as a misdemeanor or felony, depends on the number of past DUI convictions. For instance, if the conviction is a defendant’s first conviction, the charge is a misdemeanor DUI. However, if it is a defendant’s fourth conviction in 10 years, the charge is a felony DUI, provided all convictions were after July 1, 2008.
An Alpharetta DUI attorney will know how to best approach a defendant’s case based on the circumstances and Georgia’s definitions of such phrases as physical control of the automobile or what qualifies as a conviction.
DUI convictions, and sometimes even just the arrest for a DUI, can have devastating consequences for a defendant. First, even before a DUI conviction, drivers can lose their driving privileges.
In order to avoid suspension of a license or to obtain modified driving privileges, individuals must request a hearing with Georgia’s Motor Vehicles Department within 10 business days of the alleged offense.
Other consequences a defendant might face are the requirement of an interlock device on their car, loss of employment, loss of a security clearance, jail time, probation, fines, and community service.
Benefits of an Alpharetta DUI Lawyer
If you are charged with DUI, you should immediately contact an Alpharetta DUI attorney. An experienced DUI attorney may know the challenges that can be made to avoid a conviction and help lessen the consequences of the arrest and potential conviction. Some of the challenges a DUI attorney can make on your behalf might include:
- The reason for the initial stop – the police did not have a valid reason to stop a defendant, anything that happened after the stop may be inadmissible
- The field sobriety test – a defendant might have medical conditions that invalidate the testing
- The breathalyzer test – the officer conducting the test or administering the breathalyzer may not have had the required training to conduct the breathalyzer or to testify regarding the breathalyzer results
Challenges to such items could lead to a dismissal of the charges if an attorney represents the defendant. Alpharetta DUI lawyers know how to obtain the necessary information and argue the legal and factual issues to protect your rights.