What Can You Do to Lessen the Charges or Penalties After an Atlanta DUI Arrest?

What Can You Do to Lessen the Charges or Penalties After an Atlanta DUI Arrest?

Charged with driving under the influence (DUI) in Georgia may face both criminal and license consequences, including fines, jail time, community service hours, alcohol/drug treatment programs, and the installation of an ignition interlock device.

An initial conviction can have serious repercussions for job and school applications as well as scholarship grants and grants, which is why it’s critical to hire an Atlanta DUI lawyer early in your case.

1. Contact an Attorney

If you have been charged with DUI in Atlanta, it is essential that you seek legal assistance immediately. A skilled Atlanta DUI attorney will ensure your rights are upheld throughout the proceedings and can help gather evidence relevant to your case, such as body camera or dash cam footage.

Georgia DUI penalties depend heavily on your circumstances of arrest, criminal history and blood alcohol concentration (BAC). A first time offender could face fines, probation and short-term jail sentences in addition to driver license suspension and the need to attend DUI school. Convicted drivers may also be ordered to install ignition interlock devices into their vehicles as these devices prevent drunk drivers from driving while under the influence of alcohol or drugs.

One of the best ways to reduce charges or penalties is taking a breath or blood test – provided you have not already refused one. Under Georgia law, all persons who drive are presumed to have given implied consent for such testing in case of DUI arrest; should you refuse it anyway, your license will be suspended for one year unless you can demonstrate justification for its refusal.

DUI conviction can have lasting repercussions for college students. Not only can it result in penalties such as those listed above, but a DUI may affect eligibility for scholarships and grants as well as professional degrees (law, medicine). A good Atlanta DUI lawyer can assist in fighting this conviction and working towards expunging your record as soon as possible.

2. Take a Breath Test

Breath test results can make or break a DUI case in Georgia, according to state laws which state drivers violate state driving under the influence regulations if their blood alcohol concentration (BAC) exceeds 0.08 percent.

Atlanta police will request any driver who they suspect of DUI driving to take a breath, urine or blood test under Georgia’s Implied Consent Law; failure to do so could incur serious penalties against those arrested for DUI driving.

Officers typically request a breath test, with the Intoxilyzer 5000 providing instant results about an individual’s blood alcohol content. Unfortunately, though accurate enough for court admissibility purposes, these results can often be altered by medications taken or food and drink consumed just prior to driving.

An experienced officer will use general observations as well as three standardized field sobriety tests: horizontal gaze nystagmus (HGN), walk and turn test and one leg stand (“OLS”). While these are more reliable than PBT, they still may not provide definitive answers in your case; speaking with a DUI attorney could allow these to be excluded as evidence in court proceedings.

Police need reasonable grounds for requesting a blood sample, which might include evidence such as slurred speech or failed field sobriety tests as well as the smell of alcohol or drugs. Under certain exigent circumstances, police may request a blood test without sufficient grounds – in such instances this request must usually only be granted without being subject to probable cause requirements.

3. Take a Blood Test

If you have ever been pulled over for DUI, chances are the police are going to attempt to collect a breath, blood or urine sample as part of their arrest process. Under Georgia DUI Law, any suspicion that someone might be under the influence of alcohol or drugs while driving (not just having had several drinks at a bar) allows police officers to request such samples post arrest.

Blood tests provide accurate measurement of a driver’s BAC (blood alcohol content), showing how much ethanol they have in their bodies. Georgia law sets adult limits at 0.08, while commercial vehicle drivers have to adhere to an even lower limit of 0.04. Blood tests tend to be more accurate than breathalyzers but may still contain errors due to mistakes made during collection, handling, testing or reporting of samples collected from medical personnel or reporting issues with testing centers or laboratories.

Even if the results of your blood or urine test show that your BAC exceeds legal limits, there may still be ways to challenge these charges. A knowledgeable Atlanta DUI attorney may challenge the results or uncover issues with how testing was performed that could help get your case dismissed.

Additionally, it is crucial that you contact an experienced DUI attorney in Atlanta as soon as possible after challenging a BAC test result. Georgia law mandates that if you refuse an implied consent blood or breath test under implied consent (required of you under Georgia law), your license will automatically be suspended 30 days post arrest unless an appeal hearing with DDS can be requested within 30 days post arrest; in which case, reinstatement and avoid other penalties can occur.

4. Do Not Refuse a Breath Test

If you’re arrested for DUI in Georgia, police must provide you with an optional breath or blood test to take. Usually this must happen upon first offense; its results can then be used against you as evidence against you in court; but any challenges to this evidence must first be exhausted before moving on with any criminal prosecution against you.

Law enforcement typically utilizes blood alcohol content (BAC) tests to establish drunk driving. Portable machines used on the road or at police stations measure your BAC; whether taking a breath or blood test, officers may arrest you for DUI if they believe your blood alcohol level exceeds 0.08%; drivers under 21 years may take an 0.02% test instead.

Refusing to take a test may result in your license being suspended for one year; however, with the assistance of a knowledgeable DUI attorney you may be able to avoid this consequence by filing for an administrative license hearing within 10 days after arresting yourself.

Experienced DUI lawyers know there are multiple strategies for challenging chemical tests. This may include using mouthwash or cough syrup that remains in your system, medical conditions that cause false high BAC readings, and environmental factors that render breath test results inaccurate – among many other potential defenses which should be explored by your Atlanta DUI attorney.

5. Take a Blood or Breath Test if You Have an Ignition Interlock Device

Dependent upon the circumstances, driving under the influence of alcohol or drugs can be either a misdemeanor or felony offense. Conviction for DUI may result in fines, license suspension, mandatory DUI classes, community service requirements and possibly jail time; as well as lasting repercussions such as a permanent criminal record and higher motor vehicle insurance rates.

If you are arrested for DUI in Georgia, under implied consent laws your arresting officer must offer you an opportunity to submit to a breath or blood sample test for DUI detection and interpretation. Failing or refusing this test could result in up to one-year administrative license suspension even if later cleared by court proceedings.

An effective way to avoid administrative license suspension is allowing an officer to complete DDS Form 1205, attesting that you took and passed a state-approved BAC test. Once submitted, this form starts the 30-day clock which must pass before initiating any request for appeal with DMV.

Remain calm and silent during your DUI arrest process, since you will likely come into contact with police transport officers, booking officers, nurses who may ask health-related questions as well as other prisoners who could become potential witnesses against you in your case. It is especially crucial given that many DUI arrests now utilize body cams or police vehicle cameras that record every move made inside their cars and in their cells.

Once the 30-day window closes, our Atlanta DUI attorneys will start working for you to request a hearing to contest the DDS petition for license suspension. At this hearing, they will question officers and search for weaknesses in evidence used against you.