DUI attorney Sandy Springs GA: Sandy Springs DUI Lawyer
By: William C. Head, Board-Certified DUI attorney Sandy Springs GA with his office and home in Sandy Springs Georgia
Facing DUI charges: If you are pulled over for a traffic offense and arrested for DUI by the Sandy Springs police in north Fulton County, you want the best DUI lawyer to fight for you. The Sandy Springs police have a DUI Task Force with several trained officers who are dedicated to finding people who are driving under the influence (alcohol or drugs). It is one of metro Atlanta's best police departments.
If you plan to win, hire an experienced Sandy Springs DUI lawyer for your DUI defense. Self-representation is OUT of the question.
Call only the best Sandy Springs DUI attorneys for drunk driving, and our law group has three of those lawyers UNDER ONE ROOF. You need someone on your side who will fight for you as you face these serious charges, both at the Sandy Springs Municipal Court and (if a jury trial is demanded) in Fulton County State Court.
Our law firm has been in Sandy Springs, Georgia since 1996 before the City of Sandy Springs was formed and incorporated. Those 23 years are longer than MOST Georgia DUI attorneys have been licensed to practice law!
Our main law office location (with 3 other Fulton County and Cobb County locations) is in the historic PRADO Shopping Center, 5590 Roswell Road, a location that is very easy to access from either Georgia 400 or I-285.The 9 Identifiable Stages of a Sandy Springs Arrest for DUI in Georgia
- The Pullover or Contact with Police
- Police Officer Questions, to try to Gain More Evidence Against You
- Being Made to THINK You Must Take Roadside Tests
- A Backup Officer May Arrive at the Scene
- The Arrest Decision by the Officer
- A Special DUI Statute Known As “Implied Consent” Is Part of Georgia DUI Laws
- YES or NO to the Post-Arrest Breathalyzer or Blood Test?
- IF YOU SUBMIT to Police Testing, Georgia Laws PERMIT You to Demand and Get an Independent Test
- Booking, Fingerprinting, Mugshot, Jail, and Bonding Out of Jail
The DUI arrest process typically proceeds in several, predictable stages. Once an officer makes face-to-face contact (usually from a traffic offense being observed, a car accident, or possibly a 911 caller saying that your vehicle was “weaving” or otherwise driving poorly.) Once at your car window, the officer asks the driver about his or her USE of alcohol or drugs. NOTHING but your name and address are required, and that information is usually shown on your driver’s license.
An admission to having consumed ANY alcohol or using any illegal substance ( marijuana , for example) or even taking your PRESCRIBED medications, will lead to the officer’s “further investigation.” This “investigation” means that the police officer is asking you to STEP OUT of your vehicle, and usually step back to a place between the two vehicles. Almost all people comply without asking questions about WHY you are being asked to exit your vehicle.
Next, the officer either asks you or tells you that “because you have had” SOMETHING to drink, or admitting to using SOME type of drug, the officer NEEDS to make sure you are SAFE to DRIVE. Then, he or she may or may not mention you having to take a “ field sobriety test ” or “a few simple tests” so that he or she can let you be on your way. The HGN eye test (image below) is rarely performed correctly by police.
For most police encounters, another officer will arrive for backup of the initial officer. Sometimes that second officer will TAKE OVER since he or she has more experience with DUI investigations. Either way, the driver should expect to be ASKED to do some “evaluations.” DON’T participate. ALL roadside exercises are OPTIONAL, voluntary, and are NOT required to keep your driver’s license. Politely say “no, thank you.” More importantly, since field sobriety tests have very poor “reliability,”
MOST people totally sober and taking no medications CANNOT perform them, under the police SCORING methods used. If you ignore this advice and TRY to perform, your clumsy performance will be captured on body camera, car camera or both, and THIS EVIDENCE can and will be used against you in court.
Next, whether you submitted to the bogus field tests or not, you will LIKELY be arrested for DUI less safe. This arrest means CUFFS on your wrists and locked behind your back. Your verbal protests, begging, name-dropping, and all other TALKING will be later used against you, so REMAIN silent. Also, listen carefully to what the officer is about to READ to you or TELL you.
This statute, in a nutshell, is a statutory provision that threatens to SUSPEND your driving privileges in Georgia IF you do not submit to a post-arrest chemical test of your breath, blood, or urine. The legality of the Georgia implied consent law has been successfully challenged in 2017, 2018 and 2019. This led to the Georgia General Assembly CORRECTING the flawed advisement, but the wording used today is still questionable, from a clarity and accuracy perspective.
Some officers MAY also read a Miranda warning to you and tell you that you HAVE THE RIGHT to an attorney. IF THAT reading occurs, say “YES, let me speak to an attorney.” If no such notice is given, then you will have to decide to say YES or NO to the officer’s requested forensic test. Your answer can cause you to lose ALL driving privileges.
If you AGREE to the post-arrest testing, then you have likely saved your ability to drive, at least for Georgia-licensed drivers. Saying NO or just remaining silent will be TAKEN TO MEAN that you have REFUSED the DUI test. Such a DUI refusal can cost you the right to drive for a FULL year.
Skilled and experienced DUI lawyers Sandy Springs know the dozens of ways to handle potential administrative license suspensions. Our law office partners RARELY have that happen, at least for those drivers age 21 and over with a Georgia driver’s license.
A special law in Georgia not only allows you to obtain your own independent test (if you have agreed to the state’s test) but lets you pick where to take the independent test. That blood collection site can be the location of a hospital, clinic, or other blood draw location in an adjacent county.
Once your independent test is collected, you will be taken to a detention facility, booked, fingerprinted, and a have a mugshot taken. If arrested for a DUI in Sandy Springs, the police officer will ask you to submit to a blood, breath, or urine test. If a Georgia State Patrol officer or a member of the Sandy Springs DUI Task Force or another police officer asks you to submit to a blood test and you agree, you will be taken to the North Fulton Hospital on State Highway 9, the highway between Roswell and Alpharetta.
If your driver’s license was TAKEN, you only have THIRTY DAYS to act to protect your right to drive. Because officers seeking a post-arrest DUI must read you the implied consent warning prior to collecting the forensic alcohol breath test, blood test, or urine test, this same legal advisement carries loss of license consequences for refusal.
For Georgia licensees (not those who had an out-of-state driver license) TWO options for being able to continue driving exist: (1) Installing a 12-month, mandatory ignition interlock device (IID), or (2) taking a traditional appeal to Georgia DDS by requesting a hearing before an administrative law judge for determination of whether your driving privileges should be suspended. DO NOT “guess” at which way to go, on this important aspect of your case.
This hearing is a civil hearing, meaning that no CRIMINAL penalties can be imposed against you. The Office of State Administrative Hearings (OSAH) is Georgia’s administrative appeals office. What is at stake at the license suspension hearing is your ability to drive, and that ability is controlled by administrative license suspension laws in Georgia.
Also, even if you took the state’s test, you will want to file a DDS appeal within 30 days, in order to get a FREE deposition of your arresting officer BEFORE the criminal case ever gets to trial or pretrial motions.
If you lose the administrative hearing, the Georgia Department of Driver Services (DDS GA) can suspend your Georgia driver’s license. For non-resident licensees, GA DDS can take away your privilege to operate a motor vehicle on the highways of this state for a full year, if you are determined to have unlawfully refused implied consent testing.
A second type of suspension occurs for those who submitted to implied consent testing and had a BAC level of 0.08 grams percent or more of alcohol, but you can almost always get an IMMEDIATE limited permit to drive for those who have submitted to testing but were over the legal limit.Finding a DUI Attorney Sandy Springs GA Traffic Ticket Lawyer
To begin, all traffic tickets are MISDEMEANOR cases. That means all traffic citations are CRIMINAL cases, not infractions, as exists in many states. This is a significant issue, since (in Georgia) you are entitled to a jury trial for any traffic law violation.
Plus, unlike about half the states in the U.S., Georgia has no diversion, no conditional discharge , no first offender plea, and no youthful offender law for driving while impaired. Plus, a DUI expungement in Georgia is a PIPE DREAM. The state of Georgia has never allowed expunction or record restriction under its DUI law and likely never will.
DUI cases are SERIOUS misdemeanors or can be felonies under certain conditions, which are set forth below. Absent an accident with serious injury or death, while operating a school bus, OR while transporting three or more children under the age of 14 in the vehicle, a first offense DUI is a serious misdemeanor only.
Whether a misdemeanor or felony, having a DUI on your criminal record is PERMANENT, taking the offense to the GRAVE. That is why hiring one of our award-winning criminal lawyers is critically important. Larry Kohn, Cory Yager, and the author bring 80 collective years of top-level results to the table.Among Criminal Lawyers Near Me, Our Award-Winning Law Firm’s Credentials for DUI Defense Will Be Unmatched
One thing that will stand out when you look for law firms near me for court in Sandy Springs is that only a handful of firms are in the city limits of Sandy Springs, Georgia. Plus, looking at Best Law Firms in America, as determined by U.S. News and World Report, our law office is the only one among Sandy Springs DUI law firm to make the cut for 2009 through 2021.
In conclusion, our Sandy Springs criminal justice attorneys offer these additional benefits:
- FREElawyer consultation, in PERSON, via phone call or by way of video conferencing;
- Attorneys Fee Payment Plans;
- 24-7 availability to help youGET OUT OF JAIL, and deal with emergencies;
- FREElegal advice at our FREE lawyer consultations, to help protect your driver’s license from a possible administrative suspension;
- A FREEPDF copy of Mr. Head’s 430-page book, The DUI Book , that explains DUI laws at a non-lawyer’s level. This comes in our initial email to you when you call for a FREE
- Call one of our THREE SUPER Lawyers today. (404) 567-5515 . What do you have to LOSE if the call is FREE?