The Criminal Justice Reform Debate Should Atlanta DUI Lawyers Push For More Lenient Sentencing?

1. Deterrence

Are You Charged of DUI in Atlanta? While being accused of drunk driving can be devastating to both your reputation and livelihood, as well as to your family life, there are steps you can take to fight these allegations with help from an Atlanta DUI lawyer and establish a strong case to defend your rights and defend yourself.

Criminal defense attorneys may employ various strategies to disprove the prosecution’s case and bring about dismissal or reduced sentences, such as challenging witnesses’ credibility and disputing drug tests’ accuracy. Such efforts may help weaken its argument and even lead to dismissals or reduced sentences for their clients.

An additional strategy your lawyer could employ when handling a DUI case includes investigating alternative sentencing options such as community service or alcohol treatment programs that can lessen penalties. By showing that you are committed to rehabilitation, this could also encourage courts to treat you more leniently in future hearings.

Some Republican lawmakers are fulfilling their promises to “get tough on crime” by imposing stiffer minimum sentences, requiring cash bail for misdemeanor offenses, and altering the power balance between county prosecutors and judges. These measures aim to reduce repeat offenders who escape punishment through lax laws while continuing their crimes; also said to help combat domestic terrorism as well as recruit minors or those with disabilities into street gangs.

2. Reduction of Recidivism

Hardly a week passes without some local celebrity or entertainer being arrested for DUI, with fines and surcharges collected from convictions going directly into municipal treasuries. This creates strong incentive for municipal prosecutors to offer low plea deals; similarly, judges in contested elections often face defeat threats for being “soft on crime.” MADD exerts immense financial influence over police departments and local elections alike.

Defense of a DUI charge takes time. Depending on which firm you hire, an Atlanta DUI attorney might need to file multiple motions and requests for discovery before setting a trial date. Furthermore, it’s often beneficial to have expert witnesses testify as their testimony can strengthen your defense case. An excellent lawyer will take their time analyzing evidence and interviewing witnesses while building a solid defense strategy which could take months or even two years, yet can greatly increase the odds of winning your case.

3. Increased Compensation for Wrongful Arrests

Being arrested for DUI in Atlanta can be both emotionally distressful and financially devastating, with auto insurance premiums skyrocketing due to a DUI conviction, making life and disability coverage harder to attain.

Your case circumstances and cooperation with law enforcement officers will have an immense bearing on the penalties you receive for driving under the influence. For instance, if you caused an accident that injured other people, this case is likely to be charged as a felony and subject to much harsher consequences, including jail time, steeper fines, community service hours mandatory attendance at DUI classes as well as installation of an ignition interlock device.

An Atlanta DUI lawyer can help you avoid harsh penalties by challenging the legality of your arrest and/or conviction. By uncovering procedural errors or other forms of evidence that may render the DUI charge invalid.

Out-of-town drivers may be pulled over for DUI by Atlanta Police or Gwinnett County and Roswell police officers due to unfamiliarity with city streets and highways, leading them to arrest them for DUI. An experienced Atlanta DUI lawyer may help reduce penalties by arguing that your arrest was unconstitutional; for example by showing that an officer did not have probable cause to pull you over due to failure to observe signs of intoxication such as those listed here:

4. Diversion Programs and Restorative Justice

DUI convictions carry severe repercussions. Even first-time offenders could face jail time, fines and community service hours as punishment; mandatory participation in alcohol/drug treatment programs; ignition interlock devices; and lengthy probation terms if found guilty. And those are just misdemeanor convictions! Felony convictions carry even harsher punishment.

DUI convictions can have grave repercussions for commercial drivers (CDL). Not only may jail sentences and fines become consequences of being found guilty, but CDL holders risk having their commercial driving privileges suspended or revoked altogether. To minimize this damage, CDL DUI offenders may qualify for alternative sentencing options like pretrial diversion programs as an effective solution to their charges.

These programs typically require participants to pay a program fee, attend DUI education classes, complete community service hours and submit to random alcohol and drug testing. Successfully completing these requirements could see charges dismissed altogether and prevent a DUI conviction from appearing on their records.

Alternatives to traditional criminal justice proceedings are becoming more widely available to offenders in Georgia. While not an option for all, those with prior DUI convictions or who cause accidents that injure others may face additional felony DUI charges with more severe punishment such as jail time and fines ranging from one year of incarceration up to lifelong penalties being charged as felons.