Atlanta DUI Lawyers

Building a DUI Defense Strategy in Georgia

Under O.C.G.A. §40-6-391, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs. DUI is a serious criminal offense, and it poses serious criminal penalties. This is why our firm is committed to helping people who are facing DUI charges fight a conviction and avoid maximum penalties.

Building a stable DUI defense strategy that is unique to your particular case is essential to fighting for your freedom. Our Atlanta DUI lawyers can help you develop a solid defense strategy to help improve the overall outcome of your case.

Following are some common DUI defense strategies:

• Officer failed to follow protocols for the sobriety test
• Officer unlawfully stopped you
• Officer’s communications were outside of protocol or even inappropriate
• Officer unlawfully interrogated you
• You were experiencing medical conditions that was mistaken as drunken behavior
• Improper testing of blood alcohol samples
• Officer violated the rules of evidence and / or procedure

Finding Weaknesses in the Prosecution's Case

Our firm knows that DUI defense can be extremely effective when you locate and exploit weak points in the prosecution's case. Remember, an arrest does not automatically result in a conviction. DUI arrests occur when police officers suspect that a person was driving while under the influence of alcohol or drugs. It is the prosecution's job to prove guilt in court, and it is our legal team's job to expose weak evidence and dismiss the charges. The success of your defense may largely depend on the skill and experience of your Atlanta DUI attorney.

Challenging Why You Were Stopped

Members of law enforcement are required to be able to articulate a reason for performing traffic stops. They may not target and stop a person without substantial reason or suspicion. The same is true for sobriety checkpoints and drunk driving checks—if a police officer does not perform correct procedure when making a traffic stop, then it may be shown that the officer illegally or improperly conducted the DUI arrest. These procedures are strict in order to protect individuals from illegal searches and seizures. If a DUI arrest violated your rights and protections under the law, it may be used in your defense against the charges!

Contesting the Tests You Were Given

Field sobriety tests and blood alcohol concentration (BAC) tests are not foolproof. They can often be improperly administered, and the interpretation of tests like the walk and turn and one-leg stand can be highly subjective. Breath tests on the Intoxilyzer 5000 can be unreliable when circumstantial factors are not taken into account or when the machine is not properly maintained. Even blood test results can be compromised by improper procedure. The evidence of these tests may be largely subject to the interpretation of the officer. Do not leave your future open to interpretation—challenge the test evidence in your defense!

Georgia DUI Penalties

DUI may be tried as a misdemeanor or a felony charge. Depending on the circumstances of a DUI arrest, the penalties of a conviction may range. However, the consequences to your criminal record and your future opportunities are always severe. If you have been charged with DUI, you may not expect a judge or the arresting officer to look after your best interests.

Your first DUI conviction in Georgia may be punishable by:

• $1,000 fine
• Up to 12 months of imprisonment
• 40 hours of community service
• Completion of a Risk Reduction Program
• Mandatory drug / alcohol treatment
• 1 year of probation
• Driver's license suspension

Subsequent convictions and felony convictions will result in even more severe penalties, including:

• Heavy fines
• License revocation
• Lengthy terms of imprisonment

Each case is different, and penalties may vary depending on the circumstances involved. In any case, DUI convictions pose serious, long-term penalties that should not be taken lightly.

Georgia's Implied Consent DUI Law

The state of Georgia and most other states throughout the country enforce what is known as an implied consent law. Generally, implied consent means that every motorist on the road has given their consent to submit to a chemical test when a law enforcement officer has reason to believe that they may be driving under the influence (DUI) of drugs or alcohol.

Under section 40-5-55 of the Georgia Code, any person who drives or who is in actual physical control of a moving vehicle in Georgia is deemed to have given consent to a chemical test. Chemical tests can include tests of blood, breath, urine, or other bodily substances in order to determine the presence of alcohol or any drug. Implied consent laws apply specifically to situations in which a law enforcement officer suspects a motorist of driving under the influence.

As part of the implied consent law, drivers who refuse to submit to a chemical test can face serious penalties. Refusing a breath or blood test, for example, can result in an automatic driver's license suspension and can be used as evidence during criminal court proceedings. This is because chemical tests are considered mandatory under Georgia's implied consent law, unlike field sobriety tests, which are optional. While breath and blood tests are the most commonly used tools to measure a person's impairment, they are not always accurate and can be effectively challenged with the assistance of an experience Atlanta DUI lawyer. When a driver refuses to submit to a test, they leave themselves fewer options for defense.

If you or someone you care about has refused to take a chemical test, it is in your best interests to discuss your case and your options with an Atlanta DUI attorney from the Law Offices of Howard J. Weintraub.

Driver's License Restoration - Regular & Commercial

If your license was suspended, you only have 10 days to schedule an appeal hearing—otherwise you may lose the ability to drive for more than one year!

License suspension is a penalty that many individuals face after a DUI arrest. People who rely on their driving privileges to earn a living may suffer serious consequences to their career if their license is suspended. At Weintraub & Alper Legal our Atlanta DUI attorneys help regular Class C drivers and commercial motor vehicle (CMV) drivers protect their privileges in court and against automatic suspension in ALS hearings at the Georgia DDS.

Arrested for DUI in Atlanta? Contact Weintraub & Alper Legal to start discussing your defense!

What Costs Will I Face for a DUI in Georgia?

How serious are these penalties to your wallet? DUI convictions can be incredibly costly. Aside from the costs of dealing with the aftermath of a DUI arrest – such as missing time from work to make court appearances and traveling to and from court and the Georgia Department of Driver Services – being convicted of a DUI offense can create a whole host of financial setbacks.

The most common costs associated with a DUI conviction include:

• Criminal fines
• Court fees
• Costs of DUI education classes

In addition to the general costs of a conviction that most people are familiar with, there are also several hidden expenses. These expenses can persist long after an arrest and conviction and can significantly impact an individual's personal and financial life.

Hidden DUI expenses include:

• Costs of Ignition Interlock Devices (IID) – Convicted drivers will need to pay for installation and removal fees and will often be required to pay for periodic calibration of the machine, which could be an added monthly expense.
• Increased Insurance Premiums – Insurance companies are in business to make money, and will view DUI convictions negatively. Additionally, points added to a license will nearly always result in increased insurance premiums, which can quickly add up over time.
• Transportation Costs – License suspensions are often one of the most difficult consequences of a DUI conviction. Paying for public transportation or rides from friends can be expensive.
• Community Service / Imprisonment– Community service is a common penalty for drivers convicted for DUI. In many cases, individuals are required to pay some fees associated with fulfilling their community service requirements. Time away from work to participate in community service or serve a jail or prison sentence will also be costly.
• Employment – DUI convictions have the potential to impact one's employment and education opportunities, especially if one has a professional license or a job that requires them to drive. Losing a job or being turned away from a position or school can be one of the most devastating financial consequences of a DUI conviction.

How to Find a Qualified DUI Lawyer in Atlanta, GA

If you have been arrested for DUI, it is important to find a qualified attorney with experience in defending drunk driving cases. Here are some tips for finding the best DUI lawyer for your case:

1. Research attorneys online – Look into potential attorneys’ backgrounds and reviews from clients to get an idea of their qualifications and track record. Consider factors such as the attorney's credentials, reputation, areas of expertise and years of experience.
2. Ask for referrals – Reach out to friends, family or colleagues who may have worked with a DUI lawyer before. Talk to them about their experiences and ask them if they would recommend the lawyer they hired.
3. Interview several attorneys – Schedule consultations with various attorneys to get a better sense of their experience and skills. Ask questions like, “How long have you been defending DUI cases?” or “What strategies do you use to defend these types of cases?”
4. Consider cost – An experienced attorney may cost more than one who is just starting out, but it pays off in the end. Be sure to review what services are included in the fee before making any decisions so that there aren't any surprises down the road.

Finding an experienced DUI attorney can help ensure that your rights are defended and your best interests are taken into consideration throughout the legal process. Taking some time to research and interview different attorneys will also make sure you find one that is knowledgeable and qualified in DUI law. With the right attorney, you can get the best possible outcome for your case.