DUI Defense

DUI DEFENSE

If you have been charged with DUI, you need a lawyer that will get started immediately to protect your rights. A DUI offense is one that cannot be taken lightly. You need to retain the counsel of a knowledgeable DUI attorney within days of the charge in order to fight for your right to continue to drive. Fighting any charge has its risks and you need to know that your lawyer will begin working on your case quickly. The Moore Law Firm LLC is that attorney.

WHAT IF I REFUSE TO TAKE A SOBRIETY TEST IF I AM PULLED OVER FOR DUI/DWI?

 

When an officer suspects a driver is under the influence of drugs or alcohol, they will ask you to take a chemical sobriety test. You can deny this test, but refusal can result in the suspension of your driver’s license in the state of Georgia under “implied consent” laws. The suspension can be from three months to one year. In most cases in the state of Georgia, it is one year. The suspension can stand even if you are found not guilty of DUI charges.

HOW DOES A LAW ENFORCEMENT OFFICER DETERMINE IF A PERSON IS DUI/DWI?

 

There are several ways that law enforcement can determine if someone is DUI/DWI. The first way is simple observation. If officers see a motorist weaving or disobeying signs, driving erratically or speeding, they may feel the need to pull the driver over. Once they have stopped the driver, they observe the speech and actions. They may ask the driver to exit the vehicle and take part in a series of sobriety tests like walking a straight line or repeating a series of letter. If the officer feels you have not fully exhibited an ability to accomplish these tests, you might then be asked to take a chemical test like a Breathalyzer or blood test.

SHOULD I GET A LAWYER IF I HAVE BEEN CHARGED WITH DUI/DWI?

 

There are a lot of urban legends floating around about people that were able to defend themselves on DUI or DWI charges and won. Simply put, a DUI or DWI charge is a very serious matter. Depending on what evidence law enforcement has in your case, it is very difficult to win against a charge of DUI or DWI.A charge of DUI is serious.

You need someone that has a good understanding of the value of the evidence and how the laws apply to your case. An Attorney knows these things and is your best chance of defense in a DUI or DWI case. They can elicit the aid of other professional that can work on your behalf.

An attorney’s job is to strive for the best possible outcome for your case. Unless you have extensive knowledge of law, chemical tests and other issues of your case, get a lawyer.

If you have been charged with a DUI or a DWI, you should contact an attorney immediately for legal representation. The Moore Law Firm will work quickly to protect your rights and get the best outcome in your case.

WHAT IS A DUI CHARGE?

 

DUI is define in Georgia by driving while having a Blood Alcohol Concentration, or BAC, of 0.8% or higher. There are cases where a DUI can be charged to a driver with a BAC of less than 0.8%.

0.08% or higher, if they’re 21 years old or older operating regular passenger vehicles.

0.04% or higher, if they’re operating commercial vehicles.

0.02% or higher, if they’re younger than 21 years old.

For more on our DUI Defense, check out our DUI Defense website.

Keeping Your License After Being Charged With DUI

 

During the first ten days after you have been charged with DUI, your attorney can appeal your suspension. While it is not guaranteed that you can retain your right to drive, a competent lawyer knows how to defend your rights before the court and plead your case to the judge. You can still loose your right to drive, even if you win your DUI case, if you do not appeal your driver’s license suspension.

Automatic Suspension If You Refused To Take A Breathalyzer

 

If you refused a roadside or other Breathalyzer, your license will automatically be suspended if you do not appeal. In the State of Georgia, the Implied Consent law allows that your license be suspended if you refuse to take a Breathalyzer. Getting a lawyer and filing the appeal needs to be done within a few days. Loosing your license will only compound your problems by making daily tasks nearly impossible including getting to and from work.

Possible First, Second and Third DUI Offense Penalties

First Offense of DUI or DWI:

  • You can be fined up to $1000
  • Your license will be suspended for up to a year.
  • Generally a misdemeanor if damages or injury are not involved.
  • You will have to complete a Risk Reduction Program as mandated by the State of Georgia.
  • Up to 40 HRS of Community service depending on your Blood Alcohol Concentration or BAC.
  • You can go to JAIL for up to 12 months depending on your BAC. 

Second Offense of DUI or DWI:

  • You will pay a fine of up to $1000
  • Probation for up to 1 year.
  • IF you are convicted of a DUI/DWI within five years of your first conviction, you will generally be charged with a misdemeanor if injury or damages are not involved.
  • You will have to complete a Risk Reduction Program as mandated by the State of Georgia.
  • Your license can be suspended for up to three years.
  • You will serve three days up to 1 year in jail.
  • You will be required to serve 30 days of community service.
  • You may have to participate in a drug or alcohol treatment program if a clinical evaluation deems it.

Third Offense of DUI or DWI:

  • You will be fined up to $5000
  • Probation for up to 1 year.
  • Automatic five year driver’s license suspension
  • Your charge will be a more severe misdemeanor.
  • You will have to complete a Risk Reduction Program as mandated by the State of Georgia.
  • You will serve no less than 15 days in jail and up to 1 year.
  • You may have to participate in a drug or alcohol treatment program if a clinical evaluation deems it.