A DUI arrest is truly a scary and unpleasant experience – especially if you have never been arrested for a DUI before. If you have been arrested for a DUI and are awaiting trial, you need an experienced Marietta DUI lawyer on your side who can safeguard your legal rights while your case is pending. A qualified defense attorney can fight for you. En Español.
Georgia DUI Law
In the State of Georgia, an officer can arrest a driver for driving under the influence – or DUI – if the following conditions are met if the driver has a blood alcohol concentration (BAC) of .08 percent or higher, within three hours of driving or being in control of a motor vehicle regardless of whether or not the defendant driver’s ability to drive was actually impaired there are separate, and lower BAC limits for both commercial drivers and drivers who are under the age of 21.
How People are Arrested for DUI’s
In many cases, people are arrested for DUI’s as part of a traffic stop. In other words, the police stop a vehicle for speeding, running a red light, or for some other relatively minor traffic or civil infraction, all the while suspecting that the driver has been drinking or is under the influence of alcohol or drugs.
In order to arrest a driver for DUI, the officer must generally have probable cause that the driver has been operating a motor vehicle while under the influence of alcohol. An officer may develop probable cause if they notice one or more of the following:
- Bloodshot eyes
- Odor of alcohol
- Slurred speech
- Erratic movements or behavior
- Appearance of intoxication
- Admissions to drinking alcohol shortly before or while driving
- Field sobriety tests like the HGN, Walk and Turn, and One Leg Stand
- Chemical test results
When it comes to erratic driving, police officers are trained to look for certain characteristics which might point to driving while under the influence. Common examples of erratic driving might include weaving within a lane or weaving in and out of traffic, stopping and starting abruptly, quickly changing speed, failing to use turn signals, and other types of similar driving maneuvers and actions. Any of these may constitute probable cause to arrest a person for DUI. A Marietta DUI lawyer can defend individuals who have been arrested for DUIs.
Appearing Intoxicated While Driving
Police officers are also trained to observe drivers’ appearances, facial features, and other physical characteristics, in order to determine whether a driver is under the influence of drugs or alcohol while behind the wheel. These physical characteristics include smelling of alcohol, glassy eyes, or slurred speech, and may constitute probable cause to arrest a driver for DUI.
If a driver makes any kind of statement about drinking alcohol, that statement may be used as probable cause for an officer to make a DUI arrest. Under Georgia’s implied consent law, if a driver refuses to submit to a chemical test, the driver may be subjected to a fine and an automatic license suspension for one to five years.
Navigating DUI Trials
A person’s DUI arraignment court date is printed on the traffic citations that was handed to them as they left the Cobb County Adult Detention Center. On this citation the individual would see the traffic offenses that they face, which could include driving under the influence, an open container violation, impeding the flow of traffic, reckless driving, or hit and run.
To successfully challenge a DUI arrest in court, a Marietta DUI lawyer must carry out an intense and thorough investigation, perform a review of all relevant information in their case, and also draft and file targeted pre-trial motions that can exclude police evidence and discovery requests.
Furthermore, to fight a Georgia DUI, a person’s attorney also represents them in the administrative courts for the administrative license suspension hearing. The Georgia DDS will suspend a person’s license within 10 days of their arrest if they do nothing. A skilled criminal attorney could immediately file a motion to stop this ALS loss of license.
Contact a Marietta DUI Attorney
DUI arrests and convictions have harsh penalties associated with them, including fines, jail time, mandatory alcohol classes, community service, and driver’s license suspensions and revocations.
A knowledgeable Marietta DUI attorney may be able to assist you with obtaining the best possible result in your case, whether that means formulating a successful legal defense to your charge, or obtaining a favorable plea deal with the prosecution (e.g., pleading down from a DUI charge to a reckless driving charge).
You should feel free to contact an experienced Marietta DUI lawyer at any time, via telephone or email, for a free initial consultation.