Sponsor Attorney-Statewide Court Coverage
William Head:
Do You Have A Reason To Think You Weren't Drunk When You Were Arrested For DUI?
Even though you've been arrested for DUI, you don't have to let it ruin
your life. You may not realize it yet, but if you are thinking about
simply going to court and pleading guilty to your DUI charge you may be
cheating yourself.
You see, a qualified attorney can review the case for defects, suppress
evidence, compel discovery of such things as calibration and
maintenance records for the breath machine, have blood samples
independently analyzed, obtain expert witnesses all of which may help
you to win your case at trial.
To find out what you need to know about your DUI arrest I've developed
a website to give you a wealth of useful information . . . information
which will show you how you may be able to save your license and your
freedom . . . and possibly avoid fines, fees, and sharply increased car
insurance costs of as much as $6,800.
For the most part, my easy-to-navigate site has information on it which
you can't get anywhere else unless you are willing to do a great deal
of legal research.
When you're on my site, you'll also learn how you can get a free,
no-obligation consultation where I'll review your case and show you how
I may be able to save your license and your freedom.
Gerogia DUI Drunk Driving Defense Information
Search for Georgia DUI Defense Attorneys by County
Attorney Offices by
Municipality
- Statewide
- WILLIAM C. HEAD is Senior Partner in Head, Thomas, Webb & Willis, LLC,
a 10-member firm handling both felony and misdemeanor criminal cases.
Mr. Head has built his reputation in the field of aggressive defense of
accused drinking/drugged drivers. Mr. Head is a 27-year,
battle-scarred veteran of "The American DUI Wars", personally handling
over 1000 successful* contested DUI cases in the past 10 years. The
attorneys in his law firm collectively have over 100 reported appeals
(pre-trial and post-trial) and are America's largest contingency of DUI
defense attorneys in a single office. The firm covers the entire
state of Georgia. He is the author of three books, including The
Georgia DUI Trial Practice Manual (West Publishing--[formerly
Harrison]) and "101 Ways to Avoid A Drunk Driving Conviction" (Maximar
Publishing Co., co-authored with Reese Joye) Mr. Head has also been a
national pioneer in organizing, training and supporting DUI/DWI defense
attorneys across the USA in sponsoring cutting-edge scientific
training, including SFST "NHTSA" field test training and certification
and breath, blood and urine certification seminars. Mr. Head was one
of the original 12 founders of the National College for DUI Defense,
Inc., and serves as a Regent. [*Definition of 'successful': The client
was originally charged with DUI, but ended the case with either an
acquittal or a reduction to some offense other than DUI].
- Alpharetta
- Thomas Salata:
Driving Under the Influence of Alcohol is a common but serious offense in Georgia. A DUI charge can have an adverse effect on your career, family and ultimately your freedom. One can be arrested for driving under the influence of drugs or alcohol simply upon an officer?s belief in probable cause. The legal limits are very low, and the State of Georgia has adopted an almost zero tolerance to person driving under the influence.
- Athens
- Daniels & Rothman:
It is important that you preserve your rights while protecting your reputation.
- Atlanta
- Augusta
- Shawn Hammond:
In Georgia a DUI equals the loss of your drivers license.
- Sam Nicholson:
Even if your blood alcohol content is below 0.08%, which is the legal
limit in Georgia, you can still be charged with operating a motor vehicle under the influence of alcohol. This is a decision that can be made by the officer who is evaluating your behavior.
- E.H. 'Pete' Young:
I devote a substantial portion of my
practice to defending clients in DUI and
license suspension matters.
- Flanagan &
Associates:
If you are like most Americans, you don't know your legal rights, particularly when a roadside (traffic) "stop" or arrest is involved. Most
people believe that they are guaranteed the right to call an attorney for advice. WRONG. Most people believe that they can talk the officer
into letting them go. NOT ANY MORE. Many people believe that by submitting to roadside sobriety evaluations they will be able to
convince the police not to arrest them.
NOT SO, BECAUSE STUDIES SHOW THAT UP TO 46% OF PERSONS WHO ARE COMPLETELY SOBER HAVE
BEEN ALLEGED TO HAVE "FAILED" THESE HIGHLY SUBJECTIVE EVALUATIONS.
- Bogart
- Lancaster & McKillip:
Choosing an attorney for your legal problem is a very important decision. Whether you win or lose depends not only on the circumstances of your case but upon how well it is presented to a judge, a jury...
- Carrollton
- Daniel Barnes:
We ... believe that there are inherent flaws in the procedures and testing equipment currently used in this state,
flaws so glaring that innocent people are constantly being charged with DUI.
- Allen Trapp:
In order to be convicted of DUI, it must be shown that you were driving
or in actual physical control of a moving vehicle. The burden is on the
State to show that the officer had a reasonable, articulable suspicion
for stopping or approaching the vehicle. If you were stopped at a
roadblock, the prosecutor must show that the roadblock was set up in
accordance with the Fourth Amendment to the U.S. Constitution. These
issues are somewhat complex. Lawyers who only handle the occasional DUI
will not be aware of the latest cases that affect your rights.
- Cartersville
- Christopher Paul:
When compared to later stages, the risk of proceeding without counsel during early stages of the criminal process is not as pronounced. For this reason, during these preliminary stages (e.g., when the accused is asked to enter a plea), the law generally does not require courts to provide the same degree of protection afforded at later stages. In other words, during preliminary stages of the criminal process, courts generally need not strongly advise defendants to retain counsel.
- Columbus
- Stephen
Craft:
There are limited cases where you can obtain a permit to drive even after a DUI.
- Cornelius
- Gus McDonald:
You have been arrested for DUI ... the State of Georgia is building a criminal case with serious consequences for you. If you wish to be fairly treated, you must obtain a competent attorney that will vigorously defend you and your legal rights.
- Conyers
- Daniel Chapman:
-
You were arrested properly?
-
Your breath or blood test was
accurate? -
You were read your rights
properly? -
Your field sobriety tests
were given properly? -
Your arresting
officer is properly trained? -
Your
vehicle was stopped lawfully? -
Your
case can be dismissed or reduced. -
Jail time can be avoided. -
Your license and job can be saved.
- Cumming
- McFarland & McFarland
DUI
Have you been recently arrested for D.U.I? Did you know that there is a 10 day deadline to request an administrative license suspension (ALS) hearing? Failure to timely request an ALS hearing could result in a 1 year license suspension (with no work permit). Dont delay! The ever increasing penalties for D.U.I make it a crime which the general practice lawyer should not handle. Our firm handles more D.U.I cases than any other kind of criminal case. Seek professional advice and zealous representation at McFarland & McFarland, P.C. for your D.U.I case.
Drugs
Has your home, vehicle, or person been searched by law enforcement? Did you know that the Fourth Amendment of the United States and Georgia Constitutions prohibits the police from making unreasonable searches and seizures? You would be surprised to know how many searches performed by police officers are not legal.
Fourth amendment violations always results in suppression or exclusion of the illegal drugs from the case. In most cases, if the prosecutor cannot use the drugs as evidence, they will have no other choice but to dismiss the case. Dont plead guilty without a professional opinion or a judge saying the procedures the police used complied with the Fourth Amendment.
- Dalton
- Ralph Hinman:
A DUI charge simply implies that a driver has consumed enough alcohol
and/or drugs of any kind to make him or her a less safe driver. A minor traffic
infraction, such as an improper lane change, disregarding a traffic signal, failure to
yield, or driving too fast or too slowly -- combined with even a small amount of
alcohol, or any drugs -- may become justification for a DUI charge of "less safe".
- Decatur
- Duluth
- Jason Thompson:
Driking and driving or boating and drinking is, in itself, not a crime.
However, being impaired (by law/per se or common law)while driving is a crime
in Georgia.
- Mickey Roberts:
If this is your first DUI in 5 years, your license is suspended for 1 year; you may get your license back, however after 120 days,
by attending a DUI school and paying a reinstatement fee; during the 120 day period, you can get a limited permit.
If this is your second DUI in 5 years, you lose your license for 3 years, and you are not eligible for any permit for at least 120
days; after 120 days, you may get a limited permit for 6 months, provided you have an interlock ignition device on your car;
after a 10 month period, you may be eligible to get your full license back, but you must have completed an alcohol evaluation,
treatment if recommended, and a DUI school, and pay the reinstatement fee.
If this is your third DUI in 5 years, you loose your license for 5 years, and you cannot get a limited permit for at least 2 years.
- Fayetteville:
- Jim
Whitlock:
The prosecutor is there to prosecute you; he is not on your side. Theoretically,
the Judge is supposed to be fair and impartial, he is not on your side either.
Make no mistake! Your Lawyer is the only one involved who is on your side. It is so
important, that the court will tell you that if you can't afford a Lawyer, the court
will appoint you one.
- Gainesville
- Jeffrey Talley:
About Criminal Law
Introduction
The criminal justice system protects us by arresting and jailing criminals. Yet not everyone who is arrested is the bad guy. Someday, you, a family member, or a close friend may be accused of committing a crime and be arrested. This information provides an overview of the rights of those who have been arrested and explains how your lawyer can help protect your rights.
Arrest by Law Enforcement Officers
In an arrest, a law enforcement agent, such as a police officer, a sheriff, or a state trooper constrains your freedom of movement because of your possible involvement in a criminal offense. In some cases, the arresting officer may take you into custody; in others, you may be stopped, verbally or physically, so that you can be questioned about a crime.
An arrest warrant is a written order by a judge directing the police to arrest the person named in the warrant. If a warrant for your arrest has been issued, the police may arrest you in your home or in a public place. At the time of your arrest, the officers making the arrest should tell you that they have a warrant and show it to you.
The police can also arrest you without a warrant if they have reason to believe that you have committed a felony, such as robbery, murder or drug offenses. If you are arrested without a warrant for a felony or a misdemeanor, you are entitled to a prompt hearing to determine whether the officers had the minimum level of evidence required for a legal arrest.
Search
Ordinarily, the police must have a search warrant before conducting a search. However, after you have been arrested, the police may search you and the immediate area around you without a warrant if they reasonably suspect that you may be armed. A search is also permitted when the police see contraband at the tie of making an arrest. If the police find something that it is a crime to possess, such as a gun or drugs, they may take it and arrest you for possessing it. The police may also take your money and property from you to keep in a safe place until it can be returned to you or used as evidence. If possible, try to verify that all of the items taken from you are inventoried on a written list.
Getting Legal Assistance
You are entitled to telephone a lawyer, a friend, or a family member to notify them of your arrest. You have the right to consult with a lawyer and have him or her present when the police question you. The best practice is to remain silent until your lawyer is present since any statement that you make can be used as evidence against you. If you cannot afford to hire an attorney, you are entitled to a court-appointed lawyer. Depending on local procedures, the court may appoint a private attorney, a lawyer from a legal aid society, or a public defender. The police are required to notify you of these rights before questioning you. Ordinarily they are recited during the confusion of the arrest. Remember them. They may become critical to your defense later on.
Even if you declined a lawyer at the time of arrest, you retain the right to have a lawyer at any time after being arrested. You should seek the advice of a lawyer at the earliest possible time to avoid incriminating yourself, to get released from custody, to decide how to plead, and to prepare for your trial.
If you are called by a family member or a friend who has been arrested, remind them that they have a right to a lawyer and that they do not have to respond to police questioning until the lawyer is present. If a lawyer has been engaged, the person who has been arrested should let the police know that they claim the right to counsel and that a lawyer is on the way.
Being Taken Into Custody
After you have been arrested, you may be taken into custody and brought to a detention facility. At the detention facility, your arrest will be registered into police records and you may be fingerprinted and photographed. After you have been taken into custody, you or your lawyer can make arrangement for your release while you are waiting for your trial.
You may be asked to participate in a lineup. This is a procedure in which several people, including one or more suspects, are shown to victims or witnesses of a crime to see if they can identify the one who committed it. If you are asked to participate in a lineup, you have a right to have your attorney present.
If you are confined in a detention facility, it may be several hours to a couple of days before you appear before a judge who can consider releasing you. Do your best to stay calm, and do not discuss the circumstances of the alleged crime with others. Any statements you make may be reported to the police and used against you.
If you are accused of a less serious crime, such as a minor traffic violation, the police may ask you to sign a citation instead of taking you into custody. If you sign the citation, you are promising to appear in court, but you are not admitting guilt. If you have no identification or refuse to sign the citation, the police may take you into custody.
Getting Released From Custody
After the arrest, you will be brought before a judge to be formally charged with a crime and provided an opportunity to be released while awaiting a trial. If you appear in court without a lawyer, the judge must allow you a reasonable time to find one before proceeding with the case. You might be required to post bail, or you may be released on your promise to appear in court. Bail is money or other property deposited with the court to ensure that you will appear for your trial. To decide whether to require bail, the judge will consider various factors, such as your family ties, financial resources, employment record, and the seriousness of the crime you have been charged with.
Being Detained
You can be detained without being arrested if the police suspect that you are engaging in criminal activity or that you might be armed. For example, the police may ask you to identify yourself and conduct a limited search for weapons if they observe you pacing in front of a closed store in the dark. Or a store owner or employee might detain you for a reasonable time for questioning if they have a strong reason to believe that you have stolen or have attempted to steal something.
Conclusion
For people who have never before faced criminal charges, an arrest can be a frightening experience. The stress of the arrest may cause you, your family members, or friends to overlook important matters, such as the right to remain silent and the right to advice from a lawyer. If you are arrested, you should consult a lawyer as soon as possible in order to protect your rights and defend yourself against the charges made against you. He or she can also negotiate on your behalf with the police and the prosecutor and advise you of the risks and advantages of cooperating with the authorities. Your lawyer can also help you with the bail process. If you cannot afford to hire a lawyer, you may ask the judge to appoint a court-paid lawyer for you.
Above all, do your best to stay calm. An arrest is not a conviction. You really are innocent until proven guilty. Prospective employers cannot ordinarily inquire into your arrest, nor can it be used to undermine your testimony in court. If you have further questions about these matters, ask you lawyer about them.
Arrest Rights
- Right to have a lawyer while being questioned
- Right to have a lawyer without cost if you cannot afford one
- Right to remain silent
- Right to be informed that anything you say may be used against you
- Right to be informed of charges against you
- Right to be considered for release pending trial
- Right to compensation for wrongful arrest
- Grayson
- Scott Drake:
After a defendant has been arraigned and gone through all of the preliminary proceedings such as entering a not guilty plea, a trial will take place. Whether or not the defendant will have a jury will depend upon the defendant's choice. The defendant can select a jury trial or a bench trial. The prosecution cannot demand a jury trial. A bench trial is only in front of a judge. The judge hears the case and determines whether the defendant is innocent or guilty. The judge also decides evidentiary issues, objections, and sentencing. A jury trial takes place after a jury is selected and empaneled or sworn in. The jury hears testimony and argument and reviews the evidence. The jury returns a verdict. Sometimes the jury is also asked to determine sentence and other times the trial judge determines sentence. The defendant is entitled to a jury trial under all state constitutions and under the Sixth Amendment of the United States Constitution.
- Jonesboro
- Keith Wood:
When You Should Contact a Lawyer:
- If you have been arrested or detained
- If you are under investigation
- If the police have asked you any questions
- If you want to know if your actions will be legal
- If you are unsure about any of your rights
- If you have any questions concerning a friend or family member
- Glaze, Glaze, Harris & Arnold:
Drunk
Driving/DUI
In today's society, a
vehicle is a necessity. The firm's goal is to protect your right to own
and operate a vehicle. The first line of defense is to challenge the
reason that you were stopped. There are bad stops! There are many
things that you need to do before appearing in front of a judge.
- LaGrange
- Ricardo Samper:
You can be arrested for DUI by driving while over the legal BAC in your
state or while impaired. But, you need not actually operate the car in
order to be arrested. You can still be found guilty if you had the
capability and power to dominate, direct, or regulate the vehicle,
regardless of whether you were exercising that capability or power at
the time of the arrest. In other words, simply sitting behind the wheel
with the keys in the ignition can lead to your arrest for DUI by being
in "actual physical control" of the car.
- Lawrenceville
- Marietta
- McDonough
- Clay Davis:
In the State of Georgia, it is not illegal to drink and drive. It is illegal to be intoxicated and drive. If you have been charged with drunk driving in Georgia and have a Class "C" orCommercial Drivers License (CDL), you have 10 business days to request an administrative license suspension hearing. Failure to do so will result in an automatic one-year license suspension. If you are arrested for drunk driving and refuse to take a blood, breath or urine test which measures your alcohol content (BAC) test, or if your BAC result is .08 or higher, you will be faced with an administrative license suspension. You may appeal this suspension but you have only 10 business days to do so. If you do not appeal the suspension within 10 days you lose all rights to an appeal, and your license will be suspended automatically.
If you are an under the legal drinking age, such as a student at Clayton College and State University, different BAC limits apply to your drunk driving or DUI charge. If you contact our law office right away, there are ways we can help in your drunk driving defense. For example, the arraignment is a critical point because motions must be filed at or before arraignment. If our law office believes you have a solid legal issue that could dispose of your charge, we'd schedule a motion hearing with the court.
A good DUI defense begins with a detailed dissection of the facts and details of the case, before memory fades. Some examples of drunk driving defense are: an officer must have a reasonable articulable suspicion to make a stop (stops can not be random); roadblocks must be well identified & marked with cones or flashers (roadblocks can not violate your 4 th amendment rights); field sobriety tests have to be conducted properly (many rules apply); Implied Consent Warnings must be read (one for those over 21 years of age and one for those under 21 years of age); and a Miranda warning may apply.
DUI convictions hold up when the arresting officers follow all of the rules and regulations, and the BAC is over the limit. In the case of a conviction, actions you undertake could help mitigate any penalties you may receive, such as undergoing AA treatment, starting a program to understand use of alcohol, or completing a Risk Reduction Course (driving school). Georgia will seek to suspend your driver's license (for those licensed to drive by the State of Georgia) or your privilege to operate a car anywhere within the State of Georgia for a period of one year if you refuse a failed sobriety test. All drivers who SUBMIT to the State's test and yield a blood alcohol result 0.080 or higher, a suspension under Georgia's Administrative License Suspension Law (ALS) will be applicable. Your license (Georgia licensees) or your privilege to drive in Georgia (licensees from other states) will be administratively SUSPENDED for one year if you are a first time offender. Habitual offenders, who have a history of driving under the influence, will be given harsher penalties.
- Peachtree City
- Webb, Stuckey & Lindsey
Any person who operates a motor vehicle upon the highways or elsewhere throughout the State of Georgia is deemed to have given consent to a chemical test or tests of the person=s blood, breath, urine, or other bodily substances, for the purpose of determining the alcoholic or drug content of the of the person=s blood, if arrested for driving under the influence of alcohol, drugs, or other intoxicating substances.
The tests are to be administered at the request of a law enforcement officer having reasonable grounds to believe that a person has been driving, or was in actual physical control of a motor vehicle upon the highways or elsewhere throughout this state in violation of the law. The suspect shall be advised of his rights and obligations regarding this implied consent at the time the arresting officer makes the request to submit to the test(s).
- Roswell
- Donald C.Turner:
You
will need experienced and diligent legal
representation as soon as possible.
- Saint Marys
- Clyde Urquhart:
Many state laws require criminal defendants to pay restitution to their victims and/or to the state for harm directly caused by the defendant's crimes. Such laws are generally enacted to provide compensation for a broad array of costs resulting from crimes such as fraud, personal injury, death or property damage. When determining costs, courts often consider victim expenses resulting from, among others, the inability to be gainfully employed; physical and/or psychological rehabilitation; and burial expenses. Sometimes, where feasible, defendants may be ordered to return property.
- Savannah
- Statesboro
- Keith Barber:
Warning: if you refused the test or were charged with refusing the test you face an automatic suspension of your license for one or more years. You have 10 business days from the date of your arrest to file an appeal and a "request for hearing" with the georgia department of public safety. Likewise, if you submitted to a test which yields a result of 0.080 Grams or more (.02 Or more if under 21 and .04 Or more if operating a commercial vehicle), you may also be suspended from driving for 1 to 5 years.
- Troy Marsh:
If you have been arrested and charged with driving under the influence of alcohol or drugs, or a combination of the two, you need fast help and fast answers. You may only have ten (10) business days from the date of your arrest to save your driver's license or driving privileges! Troy Marsh has successfully handled numerous D.U.I. cases in many different Georgia courts.
- Toccoa
- Healy & Svoren:
There are thousands of crimes, ranging from murder to drug distribution; from burglary to driving under the influence.
- Tifton
- Toccoa
- Black Law
Offices:
Quite often, there has been a failure by the officer to comply with the
requirements of the implied consent warning, proper testing
procedures, Miranda warnings, field sobriety testing or other matters. It
is our task to identify these deficiencies and attempt to turn them to
your advantage.
- Unknown
- George Stein:
The new DUI laws in Georgia require jail time for a first DUI offense. This jail
time is mandatory, and therefore, the judge has no choice but to include it in
your sentence if you plead guilty. This strict law is causing many Georgia
citizens to take an aggressive stance in court.
- Valdosta
- Samuel F.
Greneker:
In light of
the potential consequences, our
mission is to throw light on all
possible issues that may lead to
an acquital or reduction of charge
to a less serious offense.
- J. Michael Mullis:
DUI law is the most complicated area of criminal law in the Georgia Code.
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