Posted by duijim in on September 19, 2023
Assuming you do not have an exceptionally high BAC or significant accident history that requires jail time to resolve, unless there are special circumstances surrounding your first lifetime DUI offense, it’s generally not advisable to resolve your first life DUI case through Atlanta Municipal Court with jail time alone. A North Georgia DUI lawyer could often work out alternative arrangements.
For DUI incidents resulting in injuries to others, plaintiffs can hold both the driver responsible as well as any restaurant, store or bar that provided alcohol for sale through Georgia’s Dram Shop laws liable.
1. Driver’s License Suspension
At first, those arrested for DUI in Georgia can expect their driver’s license to be suspended – not due to being found guilty on their DUI charge, but as part of Georgia’s Department of Driver Services civil administrative license suspension action. Depending on how long your suspension lasts for, working with your DUI lawyer and taking advantage of all opportunities to fight your case effectively should help.
At this hearing, your attorney should fight hard for your license by either asking the officer to reduce the severity of the DUI offense or advocating for reinstatement with an ignition interlock device (IID). An IID requires users to blow into a breathalyzer-type device before starting up their vehicle and periodically throughout its use – like blowing into an IID instead of having their license suspended for 12 months.
DUI is a serious crime with penalties that include jail time, fines and license suspension. Furthermore, victims injured by drunk driving accidents often sue for damages including lost wages, medical expenses, emotional trauma and pain and suffering.
Losing access to their car can create numerous difficulties for those living on limited funds, including being unable to get to work, go to stores or visit family and doctors for health care, pursue employment or attend school. Retarding those unable to pay by using punitive measures against them such as license suspension can have significant human and taxpayer costs attached – especially when targeting people of color, who tend to experience unfair punishments for driving related offenses.
2. Sobriety Checkpoints
Law enforcement agencies across the nation utilize sobriety checkpoints as part of their strategy for arresting drivers who appear under the influence of alcohol or drugs, typically during weekends and holidays when there is an increased risk for impaired driving. These roadblocks tend to be set up when impaired driving risk increases dramatically. Police will often stop drivers for a brief interaction and may request they complete field sobriety tests to detect impairment such as slurred speech, bloodshot eyes and any aroma of alcohol on their breath. Drivers may also be asked for their driver’s license and proof of insurance. While they are allowed to refuse answering any question that might incriminate them, implied consent laws require them to submit to either a breathalyzer test or urine analysis test as part of their implied consent agreement.
The Supreme Court upholds police authority to conduct DUI checkpoints provided they abide by certain guidelines. Police should notify drivers where their checkpoint will take place and have probable cause that a driver is under the influence before pulling them over; additionally, officers at these checkpoints should be trained in impairment detection techniques.
When approached at a DUI checkpoint, it’s best to remain calm and courteous. Do not agree to take part in a field sobriety test as these assessments are subjective and potentially incriminating; rather politely decline these exams and seek legal representation as soon as possible as this will allow your best chance at defending any charges brought against you and prevent unforeseen complications associated with convictions for drunk-driving.
3. Arrests
Drunk driving accidents occur both locally and nationwide, leading to life-altering injuries and tragic fatalities for victims and their families. Victims must receive compensation from those at fault; an experienced Atlanta DUI attorney is here to help them seek this financial justice.
An intoxicated driver faces greater odds of causing an accident than others, so drinking and driving shouldn’t be used as an excuse; particularly given that taxis and rideshare services are readily available across metro Atlanta and other major cities nationwide.
An individual will be arrested for DUI if stopped by police and found to have an excessive blood alcohol concentration (BAC), in excess of the legal limit. Further penalties could include community service, alcohol or drug treatment programs or probation.
If someone is suspected of driving while impaired due to alcohol consumption, officers will evaluate speech, breath or other indicators of impairment, in addition to performing any chemical testing administered as part of a DUI traffic stop. An experienced Atlanta DUI attorney may challenge evidence provided, including how tests were administered or if certain medications may have altered results during this DUI traffic stop.
After being arrested for DUI, suspects will likely spend at least one day in jail before attending DUI school and other programs for treatment or counseling. An experienced Atlanta DUI defense lawyer may work towards having these requirements reduced or waived for their client.
4. Criminal Record
Georgia DUI laws can have a dramatic impact on those arrested for driving under the influence. Conviction for this misdemeanor crime will leave individuals suffering financially as their car insurance rates skyrocket; employment can become more challenging since arrest records show up during background checks; however, under certain conditions a DUI conviction can be expunged from one’s criminal record; for example completing a diversion program or probation before judgment program successfully can help to clear your record and potentially remove this mark on your record permanently.
Georgia city courts handle misdemeanor cases and traffic offenses as well as local ordinance violations. Each court consists of a judge and an attorney for the city known as a solicitor who are charged with prosecuting cases before bringing them before the judge for ruling.
Once an Atlanta driver is arrested for DUI, they will likely be taken to jail and could remain there for days before being released from detention. DUI is considered a criminal charge which can be filed either with municipal, county, or state courts depending on its nature.
An initial DUI offense can incur fines of up to $1,000, probation, community service hours and alcohol or drug treatment programs, driver’s license suspension and potential immigration consequences. An experienced lawyer familiar with both DUI law and immigration can offer advice regarding alternative sentencing options that might avoid appearing on one’s public criminal record such as deferred adjudication, diversion programs, probation before judgement (PBJ), continuation without finding of guilt etc.