We Offer DUI (Driving Under the Influence) Defense
DUI means that a person is driving under the influence. There are six different kinds of DUIs in the State of Georgia – two involving alcohol, three involving drugs and one involving inhalants.
Remember that you are innocent until proven guilty. To be found guilty, the prosecution must convince every juror beyond a reasonable doubt that: (1) you were in the county of offense; (2) you were in actual physical control of a moving vehicle; and (3) you were under the influence of alcohol, drugs or an inhalant.
You could win your case with a skilled DUI Attorney who knows how to show jurors there is doubt, such as:
- No probable cause for arrest;
- Your Miranda rights were violated;
- Faulty testing equipment;
- A refusal is not indicative of guilt; and
- Countless more…
Every case is unique, and a skilled DUI Attorney can find these defenses and advocate convincingly to a judge or jury on your behalf.
If you have been arrested for a DUI, Georgia Trial Attorneys knows how to defend you under the State of Georgia’s DUI Laws, but only if you contact our firm before your case goes to trial.
DUI Per Se – Driving with an Unlawful Alcohol Concentration
Driving with an unlawful alcohol concentration (“DUI Per Se”) does not require proof of impairment, as with a DUI Less Safe. The prosecution must show that a person was driving a motor vehicle within the State and had an alcohol concentration above one of the three limits for Georgia:
- A blood alcohol content (BAC) of 0.08 or more;
- A BAC of 0.04 or more if you have a commercial driver’s license (CDL); or
- A BAC of 0.02 or more if you were under the age of 21 at the time of arrest.
But the reality is, DUI tests and their results are not indisputable. An experienced DUI Attorney knows how to show a judge and a jury that the State’s DUI tests are capable of providing skewed results – something as simple as a little burp can void the entire test and its result.
If you have been arrested for DUI Per Se, Georgia Trial Attorneys knows how to preserve your rights under the State of Georgia’s DUI Laws, but only if you contact our firm before your case goes to trial.
DUI Less Safe
You can be charged with a DUI Less Safe if you are over the age of 21 and have a blood alcohol content less than 0.08. A “less-safe” DUI is where an individual is determined to be less safe to drive due to the consumption of drugs and/or alcohol before or while driving. The prosecution will seek to prove the “less safe” DUI through (1) direct evidence of impaired driving and motor functions, and (2) circumstantial evidence of impairment (i.e., odor of alcohol, flushed face, bloodshot eyes, slurred speech, unsteadiness, staggered walk, field sobriety evaluations and portable breath test results).
Georgia Trial Attorneys knows how to preserve your rights under the State of Georgia’s DUI Laws, but only if you contact our firm 678-667-8968 before your case goes to trial.
10 Day Rule – Administrative License Suspensions (ALS) Hearings
If you have been arrested on an officer’s suspicion that you were driving under the influence, you have ten (10) days from the date of your arrest to request a hearing or risk losing your driver’s license for twelve (12) months, without a limited or temporary permit. Your notification of this was the yellow piece of paper the arresting officer handed you (Form DS-1205). Form DS-1205 is a thirty (30) day temporary driving permit and notice of intent to suspend your driver’s license.
Georgia officers are authorized to provide you the Form DS-1205 temporary license if you:
- Refused to provide a blood, breath or urine sample;
- Attempted the tests but could not perform and the officer determined that you refused;
- Exhibited a blood alcohol content (BAC) of 0.08 or more;
- Exhibited a BAC of 0.04 or more if you have a commercial driver’s license (CDL); or
- Exhibited a BAC of 0.02 or more if you were under the age of 21 at the time of arrest.
If any of these scenarios occur, our DUI attorneys know how to preserve your rights under the State of Georgia’s Administrative License Suspension System, but only if you contact our firm before the 10-Day period passes.
DUI License Suspension Hearings
If you file an appeal of the of the State’s intention to suspend your license, your case will be set for an Administrative License Suspension (ALS) Hearing. The Georgia Department of Driver’s Services only has to prove that, more likely than not, you were driving under the influence – a low standard for the State to meet. Nonetheless, a skilled DUI attorney versed in the DUI laws of Georgia increases your chances of winning your case greatly. The arresting officer may not have had a valid reason for stopping your vehicle, for arresting you or you may have a legitimate reason why you could not perform certain tests requested.
Having a skilled DUI lawyer represent you at your ALS hearing is an invaluable asset. Additionally, ALS hearings are excellent opportunity to gather more facts about your DUI case by questioning the arresting officer under oath prior to your criminal trial, thus locking in his or her story.
Georgia Trial Attorneys knows how to preserve your rights at your ALS Hearing, but only if you contact our firm before the 10-Day period passes.
As a Georgia Trial Attorneys DUI client, you will receive professional, compassionate and aggressive representation backed by the support of an expert legal team who will take the time to understand the dynamics of, prepare and run every case as if we were the client. We pride ourselves on our responsiveness to our clients and make sure that every client is treated as an individual and never treated as another file. We welcome our clients and residents of Georgia to simply call us at 678-667-8968 for a free consultation and to answer questions you may have about your Administrative License Suspensions (ALS) Hearing.