Drunk Driving Charges Should Not Be Faced Without A Lawyer
If you are arrested for driving under the influence (DUI) of any intoxicant, the consequences can be severe. You should immediately contact our DUI attorney who will provide you with aggressive and effective representation.
At our firm, we concentrate on DUI defense. As a former assistant district attorney, Tom Peterson has a unique understanding of the methods used by DUI prosecutors, and he is trained to uncover lesser-known mistakes and weaknesses that may exist in your case.
Contact our Vidalia DUI attorney to discuss your case. Call us now at 912-386-4306 or toll free at 866-461-0428 so we can help to minimize the potential consequences of your case.
The Criminal Consequences Of A DUI
Driving under the influence of alcohol or drugs (DUI) is a serious crime. This crime receives heavy coverage in the news, and it is a hot-button issue in our society. Like many other state legislatures, Georgia lawmakers are under intense pressure to codify tough DUI laws, which include mandatory jail time.
The two most common ways the state can convict a driver of DUI are: a) proving that a driver had .08 grams or more blood alcohol concentration within three hours, during or after driving, or otherwise being in control of a vehicle (often, this is called the “per se” provision of Georgia’s DUI statutes); and b) proving that a driver is “less safe” to operate a vehicle, which means the state must prove that alcohol and/or other intoxicants caused the driver to be less safe. Further, though a blood alcohol concentration of .05 grams, or less safe, raises an inference that the driver was not intoxicated, the state can still convict you by showing that you were a less-safe driver due to one or more intoxicants. Also, a reading of .05 grams to .0799 will raise no inference of the driver’s intoxication, but the judge or jury can consider such fact when deciding innocence or guilt.
A trial lawyer who is skilled in DUI defense is more likely to succeed in rebutting all statutory inferences, as well as successfully attacking the accuracy and efficiency of the Intoxilyzer 9000, the machine normally used to determine a “per se” (.08) violation.
Penalties for DUI
First Conviction Up to $1,000 fine 10 Days to 1 Year in Jail DUI School 40 Hours of Community Service 1 Year Probation 1 Year License Suspension |
Second Conviction Up to $1,000 Fine 90 Days to 1 Year in Jail DUI School 30 Days of Community Service Mandatory Alcohol Evaluation and/or Treatment Up to 1 Year Probation 3 Year Loss of License Ignition Interlock Device |
Third Conviction Fine up To $5,000 120 Days to a Year in Jail 30 Days Community Service Alcohol Evaluation and/or Treatment Up to 1 Year Probation 5 Year License Revocation Ignition Interlock Device |
Fourth Violation (Habitual Violator) Fine of $5,000 1 to 5 Years in State Prison |
DUI criminal penalties are harsh, but you should expect other penalties, too. For example, you may have difficulty renting or leasing a vehicle, you may pay higher insurance premiums, your current job and future job prospects may be compromised, you could lose your commercial driver’s license for one year or more, and you can even lose your pilot’s license.
If you plead guilty to or are convicted of DUI, a judge is usually required to sentence you to jail under our state law (jail time is required if your breath, blood or urine result registers .08 or more).
Although the state has many ways to try to obtain a conviction, a skilled DUI lawyer has special expertise in defending the accused. At times, a defect in the arrest may taint unfavorable evidence, which prevents the state from admitting it at trial, or a state witness may have credibility problems that can be effectively disputed before the judge or jury. For example, the arresting officer’s report may conflict with later testimony that can cast doubt upon his story. Tom’s training and up-to-date knowledge of DUI law ensures that every critical fact reaches the jury in a convincing way.
Speak To Us Before You Speak With Police Or Appear In Court
If you are facing a DUI charge, your liberty, reputation in the community and ability to drive are in jeopardy. Our law firm focuses on traffic offenses, especially DUI. As a former prosecutor in a large, diverse jurisdiction, Tom prosecuted hundreds of DUIs, and he is familiar with the common and obscure tactics and strategies used by prosecutors. If a state’s case has any weakness, he will find it and use it to your advantage. Contact us online or call 912-386-4306 or toll free at 866-461-0428 to schedule a meeting.