DeKalb County DUI Lawyer

If you have been arrested for a DUI, you need the help of a DeKalb County DUI lawyer. There are defenses available and an arrest does not automatically mean you will be convicted. It is critical that you choose the right defense strategy for your case, as a conviction can result in high fines, jail time, a long driver’s license suspension, as well as a permanent criminal record. Our experienced attorneys can help determine the best defense to use in your case to give you the best chance of a positive outcome.

Types of Cases Our DUI Lawyer Handles

We handle a number of different types of DUI cases. These include:

• ALS Hearings
• Blood Test DUI
• Breath Test DUI
• DUI Drugs
• DUI First Offense
• DUI Homicide
• DUI Second Offense
• DUI Third Offense Felony
• Field Sobriety Test
• Underage DUI

Georgia DUI Laws

Drivers in DeKalb County are prohibited from operating any motor vehicle while under the influence of alcohol. If you are of legal drinking age, a blood alcohol content (BAC) of .08 percent or more means that you are considered to be above the legal limit. If you are under the age of 21 or have a commercial driver’s license, the BAC limits are lower.

For under 21 drivers, Georgia has a Zero Tolerance policy, which means that any BAC above .02 percent is considered unlawful. For commercial drivers on the job, the legal limit is .04 percent.

Many people ask us how many drinks it takes to be considered legally impaired. The answer to this is difficult to come by. Every person is unique and metabolizes alcohol differently. This means that two drinks may affect one person differently than another.

In fact, you don’t have to be at or above the legal limit to be considered impaired. If a police officer believes alcohol consumption has affected your driving, even if it was just one beer, you could be arrested. Although it is not illegal to drink and drive, beware that it does not take much in this day and age to be arrested for DUI, even when you are not impaired.

Consequences of a DUI Conviction

If you are convicted of driving under the influence in DeKalb County, you potentially face stiff penalties.

• First offense: You face a minimum of 24 hours in jail up to one year, a fine of $300 to $1,000 and a license suspension of one year.
• Second offense within 10 years: There is a minimum of 3 days in jail and a maximum of one year, you face a fine of $600 to $1,000 and a driver’s license suspension of up to three years.
• Third offense within 10 years: For a third offense, you face a minimum of 15 days in jail and a maximum of one year, $1,000 to $5,000 in fines and a five-year license revocation.
• Fourth offense within 10 years: This is a felony in Georgia, as of 2008.There is a minimum jail sentence of one year and a maximum of five years, a fine of $1,000 to $5,000 and your license could be revoked for 5 years.

When you are convicted of a second offense or higher within 10 years, you will also be required to install an interlock ignition device on your vehicle. The penalties could also be more severe if you have a very high BAC (above .15) at the time of arrest.

None of these consequences include the impact a conviction could have on your personal and professional life. You may find it difficult to maintain or find employment, suffer financial difficulties and tarnish your good reputation. If you hold any kind of professional license, such as for driving a commercial vehicle or for teaching, law, medicine, nursing, financial advising, it could be suspended or revoked altogether after a DUI.

What if You Refuse A Chemical Test?

It is not unusual for people charged with driving under the influence to believe that prosecutors have no evidence against them when they refused to take a chemical test, like a breathalyzer. This may not be true.

Additionally, the refusal of a chemical test carries additional consequences. DeKalb County is an implied consent state, meaning that you consent to a request for a chemical test if charged with DUI when you use the roadways of this state.

If you have refused a chemical test, you potentially face:

• A one year suspension of your driver’s license for the first offense.
• A three year suspension of your driver’s license for a second offense.
• A five year suspension of your driver’s license for a third offense.

These consequences are in addition to any you are given for a conviction of driving under the influence.

Contact a DUI Lawyer as Quickly as Possible

After being arrested for a DUI, it is critical that you act quickly. In DeKalb County, you have just 30 days to request a special administrative hearing. If you fail to make this request within that time, you will lose your driver’s license for at least one year. For this reason, it is critical that you speak with a DUI lawyer as quickly as possible. A lawyer can also advise you of your rights and ensure they are protected so you obtain the best outcome possible.

Our DUI Lawyer Can Advise On the Best Defense

A strong DUI defense is very powerful and can ensure that you do not face unnecessary penalties. In order to secure a conviction, the prosecution must prove that you are guilty of driving impaired beyond a reasonable doubt. This is quite difficult, particularly when you have a strong defense. The most common defenses used in these cases are as follows:

• Legality of DUI stop: Police officers in DeKalb County cannot simply pull you over without reason. You must have displayed unsafe driving behaviors, or violated the law in some way. If you were pulled over but law enforcement cannot show a specific reason for pulling you over, they have violated your rights and this can serve as a defense.
• Challenging field sobriety tests: There is only one field sobriety test that has been shown to be scientifically accurate. All field sobriety tests can be challenged and if they were not conducted properly, any evidence obtained as a result can be thrown out.
• Challenging breathalyzer results: Unlike field sobriety tests, you are legally obligated to take a breathalyzer test when asked or you could automatically lose your driver’s license. Still, breathalyzer results can also be challenged. For example, breathalyzer devices must be calibrated properly and if they are not, the results may be inaccurate.

Call Our DeKalb County DUI Lawyer Today

If you have been charged with a DUI, it is important that you keep calm and get the help you need. At The Spizman Firm, our DUI lawyer in DeKalb County can review the facts of your case and build the strong defense you need to ensure that your freedom is protected. Call us now or chat with us online to schedule a consultation and to get the legal help you need.

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