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William Head:

If You Don't Get The Right Lawyer Now, You'll Hate Yourself Later

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 Attorneys by County.

Atlanta DUI Lawyers

• Webb & Zagoria:

  Frequently Asked Questions regarding Criminal Defense

  Q: If I have been arrested, will I be convicted?
  A: No, the State of Georgia must prove your guilt to a jury beyond a reasonable doubt. The chance of defeating a criminal prosecution is greatly improved by hiring an experienced criminal defense attorney.

  Q: Can the police stop me in my car for no reason?
  A: No, the police must have a reasonable articulable suspicion of criminal activity in order to stop a motorist.

  Q: What can be done if the police had no reason to stop my car?
  A: In every case we file motions to suppress the State's evidence based on violations of a citizen's rights guaranteed by the 4th Amendment of the United States Constitution. If your rights have been violated the State's evidence can be suppressed and in some instances the entire case against you dismissed.

  Q: Should I make a statement to the police without an attorney?
  A: Absolutely not.

  Q: What is the difference between a misdemeanor and a felony?
  A: Essentially, the severity of punishment. A misdemeanor is punishable by incarceration for up to 12 months and/or a $1000.00 fine. In some instances the fine may be up to five thousand dollars. Punishment for felonies includes fines of any amount and jail time from one year to life in jail.

  Q: Who will be prosecuting my case?
  A: For a felony, the District Attorney in the county where the crime allegedly occurred and his/her assistants represent the State of Georgia. For a misdemeanor, the Solicitor-General and his/her assistants represent the State of Georgia, in the county where the crime allegedly occurred. For a federal crime, The United States Attorney and his/her assistant represent the United States Government.

  Q: Can I afford a criminal defense attorney?
  A: With punishment now for misdemeanors crimes including fines, jail time, license suspension, probation fees, community service, and etc. the question really is can you afford not to hire a criminal defense attorney.
  

• Roberts Law Firm: The legal system in the United States promotes "justice for all."
• Jim Lewis: Arraignment is the first stage of courtroom proceedings to take place after the arrest and booking of a criminal defendant, during which time a criminal defendant is formally charged before a criminal court judge and asked to enter a plea to the criminal charges. During a typical arraignment, the judge will also decide whether to set or alter bail, and announces dates of future proceedings in the case (e.g., preliminary hearing and trial).
• Lopes McKammy-Lopes: Being arrested is a frightening experience. Police and prosecutors try to make you feel helpless and alone. If you are arrested or being investigated on criminal charges, you need an experienced attorney who knows the system to fight for you and get the best results possible.
• Morris Fair: Restitution will only cover out-of-pocket expenses incurred as a result of the crime. Also, many jurisdictions have limited the amount of restitution you may recover from a criminal proceeding, and judges will sometimes only award what your insurance will not cover.
• Conaway & Strickler: An arrest occurs when you are taken into custody in a manner prescribed by law. Arrests can be performed by police officers or civilians who, in certain situations, may make an arrest when the police cannot. Also, an arrest does not necessarily have to be announced.
• Jonathan Adelman and James Neuberger: Being charged with the offense of DUI is a serious legal matter. In addition to your case in court, you will also have to deal with the administrative hearing that will determine the effect your DUI arrest will have on your driver's license.
• Michael LaScala: Depending on the facts of the case, certain motions may be filed, such as a motion to suppress illegally obtained tangible evidence, a motion to quash an indictment, and a motion for discovery to name a few. If any of these motions are successful, the prosecutor for the state may realize that he cannot successful prosecute the case and reduce or even dismiss the charges.
• Howard Weintraub: In Georgia, there are six ways in which a person can be convicted of DUI.
• Paul McCord: You may only have 10 DAYS from the date of your arrest to "appeal" the suspension of your driver's license.
• Hollingsworth Trial Lawyers: There are three ways that a DUI offender can be punished, these are (1) a jail sentence, (2) fines, and (3) license suspension. The judge in your case can impose a jail sentence and a fine. The Department of Public Safety (commonly known as "DPS" or "the State Patrol") can impose a period of suspension of your driving privileges. Since DUI is a misdemeanor in Georgia, the judge has the legal authority to impose a jail sentence of up to one year and a fine of up to $1,000.00 (and sometimes up to $5,000.00) for each offense charged. This doesn't mean that the judge in your particular case will give you a one year jail sentence or a $1,000.00 fine -- it just means that he or she can impose such a sentence if he or she sees fit.
• Thomas Jordan: If you have been charged with Driving Under the Influence, you are at risk of losing your driver's license. In some situations, you must take legal action within 10 days or you may have your driver's license suspended for one year. Furthermore, a plea of guilty can result in jail time, a criminal record, higher insurance rates, loss of reputation, and loss of employment and/or diminshed job prospects. There are legitimate defenses to a DUI charge including the lack of probable cause when the police officer made the initial stop, inaccuracy of the field sobriety test, and inaccuracy of the breath-testing machine.
• Robert Chestney: The lawyers of The Chestney Law Firm are all criminal defense trial lawyers who are exclusively devoted to the vigorous defense of DRIVING UNDER THE INFLUENCE (DUI) and related cases. These lawyers are dedicated to the protection of the rights of those accused of this increasingly serious crime.
• Patrick Deering: Under Georgia law, a person over 21 years of age is considered "per se" under the influence if he or she has a blood alcohol content of .10 within 3 hours of driving. A person with a blood alcohol content of .08 is presumed to be under the influence and will be arrested. A driver 21 years old or over is presumed not to be under the influence of alcohol with a blood alcohol content of .05 or under, but could be charged, at the officer's discretion, if his or her blood alcohol content is .05 to .07. Drivers of ages 15 to 21 years may be convicted of DUI with a blood alcohol content of only .02 or higher. NOTE: THE PENALTIES FOR DUI FOR PERSONS UNDER 21 YEARS OF AGE, PARTICULARLY STUDENTS, CAN BE FAR REACHING AND COMPLEX, DEPENDING ON THE FACTS OF EACH CASE, AND WILL NOT BE ADDRESSED FURTHER IN THIS REPORT. CALL US FOR QUESTIONS REGARDING UNDERAGE DRIVERS. Drivers of commercial vehicles who are 21 or older may be convicted of DUI with a blood alcohol content of .04% or higher. Commercial drivers who suffer a conviction often find themselves unemployable as drivers for insurance reasons.
• John Israel: DUI, Driving Under the Influence, in Georgia is treated very seriously by our courts because of the controversial nature of the charges and the impact such conduct is alleged to have on the community. A DUI arrest is charged as a crime and sentenced if convicted based on the number of prior convictions an individual has on his record within a period of the last 5 years.
• Lary Kohn: The Horizontal Gaze Nystagmus is a test designed to measure the jerking of the eye. There are three ways to measure this "jerking" The first is to check for smooth pursuit or checking to see if the eye is pulling or "jumping" as it follows a stimulus. The next check is done to see whether the nystagmus becomes more "distinct" when the eye is moved to a lateral extreme or maximum deviation. The final measure is the angle of the onset of nystagmus. By measuring the angle at which the eye begins jerking, an officer can, theoretically, roughly estimate BAC.
• Sean McIlhinney: DUI is a serious offense, which carries serious penalties. The State can secure a DUI conviction by either showing (1) that the Defendant's blood alcohol content (BAC) was .10 grams or more within 3 hours before or after being in control of the vehicle or (2) that the Defendant was "less safe" (a BAC reading of .08 - .0999 raises this presumption but may be rebutted). A knowledgeable and experienced DUI attorney can sometimes prevent the State from being able to introduce BAC results as evidence at trial because of the State's failure to follow or meet specific legal guidelines relating to the administration of the test or its results. Also, a knowledgeable and experienced DUI attorney can often times effectively challenge the accuracy and reliability of the BAC results as well the results of any field sobriety tests.
• Speer Law Offices: There are many ways that a DUI offender can be punished, these include (1) a jail sentence, (2) fines, (3) license suspension, (4) confiscation of the offenders car tag, (5) mandatory drug and alcohol evaluation and treatment, and (6) publication of a conviction in the county newspaper for persons who have had three or more DUI's in a five year period.
• Harvey T. Siegel: Every case stands and fails on its own facts and they must be examined carefully. The advise and guidance of a lawyer who has been specially trained and experienced in handling DUI cases can be an invaluable asset in handling your DUI case.
• Lee Perkins: It always is advisable to speak to an attorney as soon as possible after being charged with a crime or having received a traffic ticket. An attorney can give you advice to keep you from accidentally hurting your defense. Additionally, you may lose certain rights by inaction. For example, you can lose your Georgia driving privileges as a result of a DUI arrest if you do not send a letter appealing a potential DUI suspension within ten business days of the arrest.
• Mark Sullivan: Georgia law does mandate time in jail even for a first life-time DUI offense.
• Henry Toler: Time of driving—In a per se case (over .10 grams/percent for those defendants over 21 years of age, .02 grams/percent for those under 21, and .04 grams/percent for those driving commercial vehicles at the time of the alleged violation), the state must prove your blood alcohol concentration was over a certain level within three hours of driving. Sometimes it is difficult for the state to establish time of driving, e.g. an accident case when the other party to the accident does not come to court to testify.
• Lee Webb: In Georgia, the Georgia Department of Public Safety (DPS) may suspend your driver's license or privilege to drive on the highways of this state administratively, prior to any court adjudication.