DO I NEED A DUI LAWYER?
WHY DO I NEED A LAWYER
A DUI arrest is a very serious charge in the state of Georgia. If you are convicted of DUI in Georgia prosecutors and judges are bound by law to impose strict penalties for a conviction. Many adhere to the same standards of .08 blood-alcohol content for a typical driver over age 21. Standards of .02 for underage drivers and .04 for commercial drivers are now applied when these drivers receive a citation. In addition, .02 is the limit if they are driving a commercial vehicle at the time of issuance. Lawyers for DUI defendants must show reasonable doubt regarding their client’s alleged actions or be successful in having evidence dismissed in avoiding a conviction for their client. While the strict application of the law often discourages charged drivers in putting up an aggressive DUI defense, it is never a good decision to face the charges without an experienced DUI lawyer. If you’ve been arrested for DUI, contact one of the DUI attorneys at Fleming & Nelson in Evans GA. We have a proven track record of successfully defending DUI cases in Augusta GA.
Avoid a Public Defender
Public defenders are rarely specialized in defending against DUI cases and have huge caseloads. A DUI defense lawyer will be willing to investigate the case looking for facts that could increase reasonable doubt or even result in a case dismissal when evidence is questionable. DUI charges can often be filed on borderline evidence when there is little evidence of driving while impaired no BAC reading that violates the, and mere testimony can be questioned by your DUI defense attorney.
What a DUI Defense Lawyer Can Do?
The first step a criminal defense attorney will do is inspect all evidence the state has supplied and evaluate it for admissibility. There are specific rules of evidence introduction in criminal cases, including how the evidence was gathered. In addition, some evidence in a DUI case can be dismissed when there are problems with the Intoxalizer, the electronic BAC reading device that is required to be properly maintained. These are technicalities that the typical attorney or public defender may not be prepared to consider. Charges filed on officer testimony where there is no alcohol reading involved can also become a matter of reasonable doubt argument in defense. Officers can be cross-examined at trial or in a hearing as well as questioned during a case negotiation process, which can be especially important in cases where the defendant is a commercial driver or underage individual. Commercial and underage drivers can be convicted on a much lower BAC standard than a typical adult driver, and a strong defense is essential even when there is no documented BAC evidence.
DUI Punishment and Penalties
There is a very good possibility convicted drunk drivers will go to jail for some amount of time unless there are mitigating circumstances, so it is very important to begin the defense process immediately after a DUI arrest. Exculpatory evidence can fade fast, and the time to mount a defense is immediately after the fact. The State of Georgia has followed the lead of all other states and established strict guidelines for punishment when an individual is convicted of impaired driving. Penalties for even a first offense conviction can result in license suspension for up to one year, and one-year incarceration in certain egregious is possible in drunk driving cases that include accidents. Offenders with prior DUI convictions are punished even more severely, and they can be charged with a felony.
Punishment for a DUI conviction includes, among other conditions:
- 1st Offense: up to 1 yr jail sentence, $300-$1000 fine, and license suspension
- 2nd Offense (within 10 eyars): 3 days to 1 yr jail sentence, $600-$1000 fine, and license suspension
- 3rd offense (within 10 years): 15 days to 1 yr jail sentence, $1000-$5000 fine and license suspension
- 4th Offense (within 10 years): 90 days to 5 yrs jail/prison sentence, $1000-$5000 fine, and license suspension
Contact a DUI Defense Attorney
A conviction for a DUI in Georgia can have along impact on the life of a defendant, even when it involves weak evidence. A criminal history never has a positive effect, and defending against a DUI is actually more of an investment in your future than an investment in your freedom. Never go to court with an appointed attorney when it can be avoided. Always hire a DUI lawyer with a firm background in DUI defense in Augusta GA like the legal professionals at Fleming & Nelson, LLP who will fight for all of your rights in your criminal case. Contact us today at (706) 434-8770.