Most Commonly Asked Questions About the Administrative License Suspension in an Atlanta DUI Case

Most Commonly Asked Questions About the Administrative License Suspension in an Atlanta DUI Case

Many Georgia DUI defendants find their DUI case confusing and don’t grasp why winning their Administrative License Suspension hearing is so critical to winning their case.

Most DUI lawyers advise their clients to refuse testing in DUI investigations as this helps eliminate evidence against them.

What Can Be Done if I Get a Georgia DUI?

Being charged with driving under the influence (DUI) in Georgia can have far reaching repercussions for your job, family and finances. Penalties could include jail time, fines, alcohol treatment programs and community service requirements. Once arrested there will be two separate proceedings: criminal and administrative license hearing.

Prosecution must prove that you were physically in control of a moving vehicle while under the influence of alcohol or other substances, such as drugs. Police often attempt to establish this evidence with field sobriety tests such as HGN, alphabet test and one-leg stand tests which may not always provide reliable results and require expert opinion for accuracy. Our Atlanta DUI Attorney can challenge the accuracy of these tests as well as your entire case against you.

An essential component of DUI charges is a chemical or breath test demonstrating your blood alcohol concentration was higher than 0.08 percent, but your lawyer can contest this by alleging improper collection methods or medical issues which might have had an effect on results. By successfully challenging evidence gathered by police, they could potentially save your license from suspension while fighting criminal DUI charges in court.

What Are the Possible Penalties for A DUI Conviction?

An DUI conviction can have devastating financial repercussions. From legal fees and lost work time, to travel costs for court hearings and attending hearings themselves, the costs associated with being found guilty can add up quickly. Even if they do not serve jail time themselves, having such an offense stay on their record makes finding employment or applying for educational programs much harder.

Criminal penalties for driving under the influence (DUI) vary based on state law and any aggravating factors. First-offense DUI can carry jail terms of six months, driver license suspension and mandatory attendance at alcohol abuse treatment classes – and an experienced Atlanta DUI lawyer could help fight your case and try to restore your driving privileges.

A drunk-driving conviction can also damage one’s reputation. If the strength of relationships with coworkers is crucial for their job performance, a DUI conviction could have devastating effects. Furthermore, employers might refuse them employment if they learn about his/her arrest and conviction for drunk driving; additionally costs associated with maintaining vehicles and insurance may increase significantly due to this conviction.

What Can Be Done if I Get a DUI Less Safe?

DUI less safe cases differ from DUI per se cases in that they don’t rely on chemical testing of breath, blood or urine of drivers to prove intoxication; instead they utilize circumstantial evidence that proves they were under the influence of alcohol to an extent where their driving was less safe.

Police officers may form reasonable suspicion that a vehicle’s operator is under the influence of alcohol based on irregular driving, speeding, running red lights and other traffic violations. Once arrested, this driver may be asked to submit to a post-arrest implied consent chemical test of their breath, blood or urine.

For drunk driving conviction, Georgia law requires proof of at least 0.08% blood alcohol concentration or more in the driver’s system, although lesser safe charges can also be filed on account of trace drugs such as marijuana that have entered their system. Marijuana offenses under GA DUI drug offense laws are treated similarly as alcohol offenses.

Commercial drivers operating CMVs (commercial motor vehicles) must adhere to a stringent BAC standard of 0.04% for alcohol in their blood, even if they do not exceed this limit. Even if not over this limit, being charged with DUI less safe could still have serious repercussions for their job and lead to license suspension or cancellation.

What Can Be Done if I Get a DUI Per Se?

DUI per se cases involve prosecuting drivers based solely on evidence that their BAC level exceeded what is legal in their state. Typically this charge will arise when police have additional evidence, such as video showing you leaving your lane; however it can also be charged when all they have available are blood or breath test results.

Prosecution in these cases can be challenging because individuals have different tolerance levels and absorption rates for alcohol consumption, making establishing an average across the nation difficult or impossible.

If you find yourself facing charges of DUI in Atlanta, it is vital that you obtain legal assistance immediately. A skilled Atlanta DUI attorney could possibly use various defenses available to them when fighting your case, such as challenging the basis for stopping you or the accuracy of chemical tests administered against you. A skilled attorney might even be able to have all evidence from your arrest such as field sobriety tests and chemical results suppressed altogether.

What Can Be Done if I Get a DUI with a Drug Offense?

Georgia takes DUI charges very seriously. A conviction could result in jail time, fines and the suspension or revocation of your driver’s license; furthermore it could hinder future job prospects, harm relationships and prevent you from attaining professional licensure such as medical or pilot’s licensure. For this reason it is highly advised that a knowledgeable Atlanta DUI attorney be used to represent against such charges.

Law enforcement officials often request motorists submit to portable breathalyzer tests (PBT) or submit to field sobriety tests when they suspect them of driving while under the influence of alcohol or drugs. There are certain standards police must abide by when administering these tests; an experienced Atlanta DUI lawyer can review your arrest to identify whether any mistakes have been made with regard to administration of these tests.

Georgia’s implied consent laws require drivers who are arrested for DUI to submit to a blood, breath or urine test to assess their level of impairment. Failure to submit can result in license suspension as evidence in your criminal trial; an experienced Atlanta DUI lawyer can use their knowledge of state DUI laws to fight against potentially harsher penalties if this is your third DUI offense within 10 years.

What Can Be Done if I Get a DUI with a Mental Health Offense?

Once arrested for DUI, there are various strategies you can employ to address the situation. One method that should always be pursued is consulting with an Atlanta DUI attorney who can provide the best legal representation available in your case.

An arrest for DUI can have lasting repercussions for your reputation and employment opportunities. It may also strain personal relationships and cause financial stress; but perhaps most damagingly of all may be its effect on one’s mental health.

Individuals suffering from mental health disorders often use alcohol as a form of self-medication, increasing their chances for multiple DUI arrests and convictions. Treatment of their condition may help curb drinking behavior and minimize future DUI convictions.

Many individuals become confused when asked by the judge if they wish to waive formal arraignment, yet this does not provide any significant strategic advantage; your first appearance judge likely has plenty of information regarding your case, so waiving formal arraignment won’t provide any new pieces of insight or knowledge.

What Can Be Done if I Get a DUI with a Vehicular Homicide Offense?

A driver may face vehicular homicide charges when their DUI results in an accident that results in someone’s death. This charge can have severe repercussions; if charged, legal advice must be sought as soon as possible to help guide their defense strategy.

Prosecution must show that you were driving under the influence of alcohol or drugs, and that your actions led directly to someone’s death. If they can demonstrate this evidence, they could secure a conviction of DUI Vehicular Homicide against you.

Undergoing a DUI arrest and conviction can be distressing enough, but one involving death can have devastating repercussions for your future. Therefore, you require legal representation who have experience handling these types of cases to achieve the best results for you and ensure a speedy resolution to them.

Note that in a DUI Vehicular Homicide case, typically from Atlanta Municipal Court to Fulton County State Court is often transferred. This practice has become the standard procedure, as being officially charged often yields little gain from being tried there.