Port Wentworth DUI Lawyer

Fighting a DUI Charge in Georgia

It can be immensely challenging to take on a DUI charge in Georgia, especially if you decide not to retain experienced legal counsel for your case. If you decide to represent yourself and figure things out as you go along, you could end up facing maximum penalties. A good lawyer doesn’t just handle your case; they handle any setbacks that show up along the way. They are prepared for any eventuality that your case could lead them to. That’s why it is recommended that you retain counsel.

You can be arrested for drunk driving in Georgia if your blood alcohol content (BAC) is tested and found to be at least 0.08% or higher. When you find yourself in the back of a police car, there is a good chance that reality will set in, and you’ll start feeling like your entire world has collapsed. You may even think that there’s no chance of fighting your situation, and you’re looking at automatic jail time. That’s likely not the case, and it’s important that you don’t let the police make you think that.

Law enforcement will have you undergo a number of tests to determine your alcohol level. They will also try to speak to you about your situation, doing what they can to guilt or intimidate you into admitting guilt. Don’t worry. You don’t legally need to talk to them without your lawyer in the room. In fact, it is recommended that you say nothing, no matter how much they may frighten you with threats of prison.

When you are arrested, your first move should be to call a lawyer and start working on your defense strategy. Here are some possible defenses that you could use in Georgia:

• You Weren’t Actually Driving: To legally arrest you for driving under the influence, the police must actually prove that you were, in fact, driving the car. If they find you pulled over on the shoulder, sleeping it off, that’s not enough to get you for drunk driving. If your lawyer attempts to poke holes in the prosecution’s case regarding how the arresting officer found you, the police may have to prove that you were driving, which they might not be able to do.
• Reasonable Suspicion: A traffic stop for a suspected DUI is only legal if the police have a degree of reasonable suspicion that a crime is being committed. Many different behaviors can tip off a police officer that a DUI may be in progress, such as consistent swerving, wide turns, and driving very slowly. If you are pulled over after exhibiting such behavior, the police can reasonably arrest you. However, if all the officer has is a hunch that you’re up to no good, that won’t be enough.
• Bad Sobriety Test: When you are pulled over, the arresting officer will likely make you perform a series of field sobriety tests to determine just how drunk you are. If these tests are administered incorrectly by an officer who has not had a lot of training in DUI procedures, the results can be wildly off. These tests are also generally the strongest evidence that the police have against you. If your lawyer can bring into question their legitimacy, it can help you.

FAQs

Q: How Much Is Insurance After a DUI in Georgia?

A: When you are convicted of a DUI in Georgia, your car insurance rates can increase drastically, depending on your insurance carrier. In fact, some insurance carriers may just opt to cancel your coverage entirely or decide not to renew your policy. You may need to seek out a car insurance carrier for high-risk drivers, as a DUI conviction can make your insurance too expensive to maintain.

Q: How Long Does a DUI Last on Your Record in Georgia?

A: A DUI lasts on your record forever in Georgia. The presence of the DUI is permanent and will follow you for the rest of your life. It will appear on background checks as part of your criminal record. You may be able to explore the possibility of having the record sealed from the public or restricted, but that would depend on the nature of your case. You should ask your lawyer about the possibility of sealing the record. Otherwise, it’s permanent.

Q: How Do You Beat a DUI Refusal in Georgia?

A: There are several ways to challenge a DUI refusal in Georgia. Your lawyer can argue that the officer may not have informed you of the consequences of a refusal. In addition, if the arrest itself was suspect, your lawyer can attempt to find holes in the prosecution’s case that would undermine the entire arrest. It depends on your case.

Q: How Many DUI Cases Go to Trial in Georgia?

A: Not many DUI cases go to trial in Georgia. The majority of DUI cases are settled out of court due to plea bargains, dismissed charges, or a guilty plea without a defense lawyer. There are no guarantees that your case will end up more favorably if you let it go to trial. Depending on the circumstances, your lawyer may advise you to accept a plea bargain or simply plead guilty.

Contact a DUI Lawyer Today

The legal team at Jarrett Maillet J.D., P.C. can build a solid defense strategy that could reduce or even dismiss the DUI charge against you. It is vital that you protect yourself by hiring an experienced lawyer who can help your case. We can make sure that you aren’t taken advantage of by any means. Contact us to schedule a consultation with a team member today.