DUI charges can have lasting repercussions for both your professional and personal life, so contacting an experienced Atlanta DUI attorney to mitigate penalties and protect driving privileges may be essential to safeguarding both aspects of life.
Your DUI lawyer will fight for your rights in court using tried-and-true defense strategies, while also identifying errors in evidence like breath or blood tests and exploiting them to your advantage.
1. Representation in Administrative License Suspension Hearings
An Atlanta DUI attorney fights hard to mitigate these penalties and often negotiates with the prosecutor to reduce charges from DUI to reckless driving or even get the case dismissed entirely.
A good attorney will have extensive knowledge of the local court system and can assess plea offers before you decide whether or not to accept them. They will be able to tell whether entering a nolo contendere plea could save your license, or whether contesting an administrative license suspension hearing could give you access to limited permits.
DUI defenses involve contesting evidence such as field sobriety tests, roadside alcosensor tests and breathalyzer results. Errors in administration can also be used against your case and an experienced lawyer should understand how to challenge breath and blood alcohol test evidence as well.
DUI defense lawyers in Georgia understand Georgia’s Implied Consent Law and can help protect your rights by advising on how to respond when answering police questions about blood or urine testing. They will advise when these tests must be taken and when refusal may be permissible based on these laws.
2. Representation in Criminal Court
An Atlanta DUI lawyer will represent your rights in any criminal court proceedings relating to DUI charges. They’ll ensure the prosecutor treats you fairly, presents all relevant evidence before the judge and looks out for errors such as improperly calibrated breathalyzers or failed evidence collection – potentially leading to dismissals and reduced penalties in your case.
Georgia DUI convictions can have devastating repercussions, from lost driving privileges and job opportunities, to fines that leave permanent marks on your criminal record. An experienced DUI lawyer will fight hard on your behalf in court in order to reduce or even negate these consequences.
A competent DUI lawyer will evaluate the state’s case, assess possible defenses and request discovery to evaluate its strength. They will also look for flaws in police action such as whether there was probable cause to stop you, whether field sobriety test administration was correct, and whether roadside Alcosensor or Intoxilyzer 5000 devices are calibrated and functioning correctly.
Your attorney may investigate options such as plea bargaining and alternative sentencing arrangements such as community service or using an ignition interlock device to monitor blood alcohol content while driving. They’ll also assess your eligibility for expunging the DUI conviction from your criminal record – this can protect future employment opportunities.
3. Representation in the DMV Hearing
An Atlanta DUI conviction can have lasting repercussions that impact every aspect of your life, from relationships and employment to finances and immigration status. Retaining an experienced Atlanta DUI lawyer to reduce charges to lesser offenses or reinstate your license can save thousands in fines, jail time and higher insurance rates; and potentially help save your job or professional licensure applications being denied or taken away altogether. Likewise, USCIS may view multiple DUIs as evidence that you lack “good moral character”, making naturalization unlikely in this country.
Your criminal defense attorney can file motions to challenge evidence against you, such as arguing that there was no probable cause to stop your vehicle or that field sobriety evaluations were administered improperly. He can also work to identify weaknesses in the prosecution’s case in order to have your charges dropped or reduced.
At your initial meeting with an Atlanta DUI lawyer, it is crucial that you be candid and open about your situation. Bring any tickets, notice of suspension notices or breath test results along with you; your attorney should then give an accurate picture of their costs in representing you – some charge an upfront flat fee while others charge per hour.
4. Representation in the Administrative License Revocation Hearing
An Atlanta DUI lawyer will file a request for an administrative license suspension hearing (ALS) within 30 days of your arrest to contest an officer’s decision to automatically suspend your driver’s license for failing or refusing a state-administered chemical test of breath, blood, or urine. At an ALS hearing conducted by an Administrative Law Judge who will hear evidence from both sides before rendering his verdict as to whether the Department of Driver Services met its burden of proof.
An experienced DUI lawyer will leverage their experience and knowledge of Georgia DUI laws to analyze your case, identify potential defenses, and advocate on your behalf. He or she can call attention to errors committed by police officers during investigation and arrest – such as mishandling breathalyzer tests improperly or failing to calibrate radar or laser equipment correctly – that could weaken prosecution’s case against you.
Under certain conditions, an attorney representing those accused of DUI may be able to successfully reinstate your license during an ALS hearing. This is particularly applicable if they refused a breath or blood test prior to their DUI arrest and their DUI arrest was the result of this refusal; recent appellate court decisions have strengthened protections against being forced into taking an in-custody breath test.