Drunk Driving / DUI / BUI / OUI / DWI Got a DUI? What is going to happen?Driving under the influence (DUI) can lead to at least a day in jail, upwards of $1000 in fines, a year on probation, over thirty hours of community service, and a driver’s license suspension for up to a year. Previous violations, circumstances of your arrest, and your recorded blood alcohol content can contribute to the severity of your sentence. These are not the only penalties as this also can affect your records for employment.
DUI in Georgia is seriousDUI is defined in Georgia as the operating of a motor vehicle with a blood alcohol level over 0.08 percent or when intoxicated to the point of normal faculties being impaired. If you have been arrested for DUI, it’s important to hire a criminal defense attorney skilled in DUI defense. Being arrested for a DUI does not mean that you are guilty of driving drunk. The experienced criminal defense lawyers at The Hamilton Law Firm can work with the prosecutors to have criminal DUI charges reduced, or in some cases, dismissed entirely.
10 Day Warning RuleYou have 10 business days following an arrest for DUI to notify the Georgia Department of Driver Services that you will be appealing the planned suspension of your Georgia drivers’ license.
Will I lose my license for DUI?Not if you are successful in your appeal with the Georgia Department of Driver Services your drivers’ license. If the appeal is not successful, you could lose your license for up to one year.
Sobriety CheckpointsField sobriety tests If you have been arrested for a DUI at a Forsyth County police sobriety checkpoint, your rights may have been violated. Sobriety checkpoints are usually set up on roads leading to recreational parks like Lake Lanier especially on the weekends and late at night or early in the morning near areas with clubs that serve alcohol.
What if I refuse to take the breath test?If you refuse to take a breath test at a roadblock or DUI sobriety checkpoint, your license will likely be suspended. As your defense attorneys, The Hamilton Law Firm would then schedule a hearing with the Georgia Department of Driver Services in order to appeal your suspension and to determine if in fact your rights were violated.
The State, empowered by the citizenry to protect and defend, makes mistakes.The Hamilton Law Firm has the experience to know where the state tends to drop the ball and will work to find every opportunity and technicality to save your drivers license from suspension. You must work to provide for yourself and your family and driving is how you get to work. Field sobriety tests or a breath test may have been conducted improperly and in violation of your constitutional rights. Was the arrest lawful? Will the evidence against you stand up in court? Evidence may be dismissed based upon simple procedural violations or other types of mistakes. The police are trained to look for signs of impairment, indications that you have been drinking. Everything you do is being watched and likely recorded, as they look for evidence to build a DUI case. Your appearance, speech patterns, the smell of alcohol, the way you get out of your car and follow instructions, everything is noted.