Pembroke DUI Lawyer

Why Choose Us?

At Jarrett Maillet J.D., PC, we utilize our legal knowledge with determination to tackle your case head-on.

We can provide legal representation and challenge evidence in an effort to secure plea deals and reduce or dismiss charges. We understand DUI laws. Therefore, we can identify procedural errors during arrest and advocate for you in court. We can also assist with administrative hearings to prevent license suspension and work to minimize the long-term consequences of a DUI conviction.

Our lead attorney has a background as a former prosecutor, which means we understand how the state builds its DUI cases and where weaknesses in the evidence often appear. That perspective helps us develop a focused defense strategy for each client we represent. Reach out to our office in Pembroke, GA, to schedule a free consultation and get answers to your questions.

DUI Laws in the State

In order to protect motorists, Georgia has severe DUI regulations. For drivers 21 and older, the legal blood alcohol content (BAC) level is 0.08 percent; for drivers under 21, it is 0.02 percent; and for commercial drivers, it is 0.04 percent. Serious consequences, such as fines, license suspensions, and even jail time, may follow violations of these restrictions. The open container law, which forbids carrying an open alcohol container in a moving vehicle, is also enforced.

• First DUI conviction. A first offense carries a maximum one-year jail sentence, fines between $300 and $1,000, a one-year license suspension, and 40 hours of community service that must be completed. There is a $210 charge to have the driver’s license reinstated.
• Second DUI conviction. There is a mandatory minimum jail penalty of 48 hours and a maximum punishment of one year in jail for second offenses. In addition to a three-year license suspension and a minimum of 30 days of community service, the fines range from $600 to $1,000.
• Third DUI conviction. A third conviction carries a minimum 15-day jail sentence, fines between $1,000 and $5,000, a five-year license suspension, and a minimum of 30 days of community service. In addition, the offender pays for their name, picture, and address to be published in a local newspaper.

DUI Less Safe

Even if a driver’s BAC is less than 0.08 percent, they may still face DUI Less Safe charges in the state. If a driver’s ability to drive safely is compromised by alcohol or drugs, they will be charged with this offense. The same penalties that apply to a DUI Less Safe also apply to a regular DUI: fines, incarceration, license suspension, community service, and required alcohol education classes.

Proving DUI Less Safe requires the state to show that your driving was actually impaired, which opens the door to several defense arguments. An attorney who understands how officers gather and document evidence can often challenge the basis for these charges. If you believe the stop or the investigation was handled improperly, speaking with a lawyer right away is worth your time.

Felony DUI

DUI offenses can escalate to felony charges under specific circumstances, such as having multiple prior offenses, causing serious injury or death (vehicular homicide), or significant property damage. Felony DUI convictions carry severe consequences, including:

• Mandatory 90 days in prison.
• One to five years of imprisonment.
• Fines up to $5,000.
• Completion of an alcohol or drug education program.
• Clinical evaluation.
• 60 days of community service.
• Up to five years of probation.

The long-term impact of a felony DUI includes difficulties in finding employment or housing, loss of voting rights, and challenges in obtaining security clearances for military personnel.

DUI Drugs (DUID)

DUI charges extend to impairment by drugs, whether illegal substances, prescription medications, or over-the-counter drugs. Penalties for DUID are similar to those for alcohol-related DUIs and include:

• First and second offenses. Misdemeanors are punishable by up to one year in jail, fines of up to $1,000, community service, alcohol education classes, and license suspension.
• Third and subsequent offenses. Felonies are punishable by up to five years in prison, fines up to $5,000, community service, and mandatory alcohol education classes.

Refusal to take a required blood or breath test can lead to immediate license suspension under the state’s implied consent laws.

Sobriety Checkpoints

State law permits sobriety checkpoints, where law enforcement can stop vehicles to check for signs of intoxication. While these checkpoints may seem intrusive, they are deemed necessary for public safety. If detained at a sobriety checkpoint, it’s advisable to request legal counsel to navigate the situation effectively.

If you were stopped at a checkpoint and later arrested, the circumstances of that stop can matter to your defense. Officers must follow specific procedures at sobriety checkpoints, and any deviation from those rules may affect the outcome of your case. Having an attorney review the details early on can make a real difference.

What Happens After a DUI Arrest in Georgia

When you are arrested for DUI in Georgia, two separate things happen at the same time. A criminal case begins in the court system, and an administrative process starts that can affect your driver’s license on its own. Many people do not realize these are handled separately, which is why getting legal help quickly matters.

On the administrative side, you have 30 days from your arrest to request a hearing and contest the license suspension. If you miss that window, the suspension goes into effect without any review. A DUI attorney can file that request on your behalf and represent you at the hearing, which may take place at Chatham County State Court.

On the criminal side, the case moves through arraignment, pre-trial hearings, and potentially a trial. Your attorney will challenge the evidence, negotiate with prosecutors, and work toward the best result possible given your circumstances. The outcome depends on the strength of the evidence, how the arrest was handled, and the quality of your legal representation.

How a Defense Attorney Approaches a DUI Case

A solid defense often starts with the traffic stop itself. If an officer pulled you over without a valid reason, any evidence gathered during that stop may be challenged under the Fourth Amendment. This kind of review can sometimes result in reduced charges or even a full dismissal.

Field sobriety tests are another area where attorneys can find real problems. Officers are required to follow NHTSA guidelines when giving these tests, and deviations in testing procedures can affect how reliable the results are in court. Attorneys with training in these standards can identify errors that are easy to miss without that background.

Blood test results and chemical test evidence are also subject to challenge if proper protocols were not followed. Studies show that roughly 72 percent of DUI cases in Georgia end in dismissal or reduction, and two-thirds of those that go to trial result in acquittal. Being prepared to take a case all the way to trial, if it comes to that, is part of how an experienced defense lawyer gets the best outcomes for clients.

Serving Pembroke, GA and the Surrounding Area

Jarrett Maillet J.D., PC serves clients in Pembroke, GA, and throughout Chatham County and the surrounding communities. DUI laws in Georgia are complex, and local attorneys who know the courts, judges, and how prosecutors operate here have an advantage that out-of-area lawyers simply do not. We are also familiar with Bryan County courts and bring that knowledge to every case we take on.

Whether you are dealing with a first offense or something more serious, our team is here to walk you through the process and help you understand your options at each stage. We handle DUI cases as well as related criminal matters like drug charges. Our focus is on protecting your rights and getting you the best result we can.

If you are in Southeast Georgia or anywhere in Coastal Georgia and need a DUI defense lawyer, we offer a confidential consultation so you can talk through your situation without any obligation. You can also reach our Savannah, GA area office directly. Contact us today to speak with a member of our legal team.

FAQs

Q: How Much Is a DUI Lawyer?

A: The cost of a DUI lawyer in Georgia varies depending on a number of factors. First, each lawyer charges their own fees. Some charge by the hour, and some charge a flat rate. Generally speaking, the cost of an attorney will be higher for more complex cases with more serious charges than the cost will be for simple ones.

Q: Should I Get a Lawyer for My First DUI?

A: While it is not required to get a lawyer for your first DUI, it is highly recommended that you do so. An attorney can help you navigate the legal system, explain the laws to you, advocate on your behalf, and fight for lesser penalties. They can also help you through administrative duties, such as license suspensions.

Q: What Is the Three-Hour Rule for DUI in Georgia?

A: The three-hour rule for DUI is the period of time after a driver is arrested for DUI that a chemical test (blood, breath, or urine) must be performed to ascertain the driver’s blood alcohol content. In particular, the test needs to be performed by the state three hours after the driver last used the car. By following this regulation, the BAC measurement is made as accurate as possible in relation to the driving time.

Q: How Likely Is Jail Time for a First DUI?

A: For a first DUI, jail time is a possibility, but it is not a guarantee. First-time offenders are frequently given shorter jail terms or alternative penalties like probation, community service, or DUI school. If a person is given jail time, the maximum sentence is one year. The seriousness of the offense, the BAC level, the presence of any injuries or property damage, and the judge’s discretion all affect the chance of jail time.

Q. What is an Administrative License Suspension in Georgia?

A: When you are arrested for DUI in Georgia, the state can suspend your driver’s license through a process that is completely separate from the criminal case. This is called an administrative license suspension, and it can happen even if you are never convicted of the underlying offense. You have 30 days from your arrest to contest it, so reaching out to a DUI attorney right away is important.

Q. Can a DUI Charge be Dismissed or Reduced in Georgia?

A: Yes, and it happens more often than most people expect. Studies show that roughly 72 percent of reviewed DUI cases in Georgia end in dismissal or reduction. A defense attorney will look at the evidence, the circumstances of your arrest, and any procedural issues to find the strongest path forward, whether that means negotiating a reduction or taking the case to trial.

Q. What Should I Do Right After a DUI Arrest?

A: Stay calm and avoid saying anything that could be used against you later in court. You have the right to have an attorney present, and you should ask for one before answering questions from law enforcement. Contact a DUI lawyer as soon as possible, because certain deadlines, like the 30-day window to contest your license suspension, start right away.

Q. Does a DUI Conviction Stay on my Record in Georgia?

A: In most cases, yes. A DUI conviction in Georgia creates a permanent criminal record, and unlike some other offenses, it cannot be expunged under current state law. This is why it is so important to work with a defense attorney before any conviction is entered, because the long-term impact on employment, housing, and other areas of life can be significant.

Q. Are Field Sobriety Tests Required in Georgia?

A: No. Field sobriety tests are not legally required in Georgia, and you can decline them without triggering an automatic license suspension. That said, your refusal can come up in court, and officers may still move forward with an arrest based on other observations. If you did take the tests, an attorney trained in NHTSA field sobriety test standards can review whether they were properly administered.

Contact Jarrett Maillet, J.D., P.C., Today

If you or a loved one is dealing with a DUI charge, contact Jarrett Maillet, J.D., P.C., today by calling 912-713-3426. We can help you in the legal process and defend your rights during this process.