We Can Beat a DUI Charge and Save Your License from Being Suspended

Just because you were accused of DUI, does not mean you will be convicted of DUI and have a criminal record that will haunt you for the rest of your life. Below is a definitive layperson guide created by DUI defense attorney David Utter.

Below are some recent case wins that will help you understand that there is hope for any DUI case.  As bad as it might seem, you will have many more options available to you and sleep better tonight after reading this guide and talking with us.

• DUI Dismissed – Invalid Breath Test 
  Our client was charged with a DUI after a traffic stop. Our firm successfully challenged the result of the sobriety test and the DUI charges were dismissed.
• DUI Thrown Out – Invalid Roadside Sobriety Test
  Our client was charged with a DUI after being stopped for weaving in traffic. We got the roadside field sobriety tests thrown out, and the case was dismissed.
• DUI Reduced – Multiple DUIs Suppressed
  Our client was charged with a DUI. We were able to get the court to suppress prior DUI convictions, which reduced the DUI charges.
• DUI Reduced To Lesser Charge – Mother Accused of DUI
  A mother was arrested for a DUI and charged with child endangerment. There was a risk that she would lose the legal right to take care of her children. The Claiborne Firm successfully defended her, and the charges were reduced.
• Unable to Perform a Breath Test
  Our client was asked to perform a Breathalyzer test while lying prone on a spinal board after a serious accident. The officer accused our client of refusing the test and charged him with a DUI. We were able to prove that our client had been knocked unconscious by the accident and was unable to respond to the officer. The charges were reduced to “Failure to Maintain Lane.”  This client has no DUI or criminal record.

Keep Your Job and Keep Your Record Clean

A DUI can endanger your career. Some employers will refuse to hire anyone with a criminal record. An attorney experienced at defending clients charged with DUIs can prevent the charges from having a devastating effect on your entire life.

Loss of Driving Privileges

Mobility is extremely important to many people. A driver’s license gives them to ability to get to work, drop off their kids at school, and run errands without relying on anyone else. A DUI conviction can mean a loss of driving privileges. But if you act quickly, the Claiborne Firm can help you keep your driver’s license.

Breath Test Failure

If a breath test indicates a Blood Alcohol Content (BAC) above .08, the state will charge you with a DUI. But there are several ways to contest a breath test. Common objections to the breath test include:

• • Improper calibration of the machine
• • A lack of Breathalyzer maintenance records
• • Violation of testing procedures or the observation period by the arresting officer
• • A medical condition like GERD that would lead to an inaccurate result
• • Demonstrating that the defendant’s BAC rose before testing but after driving
• • Alcohol in the mouth at the time of testing

Field Sobriety Tests

Field sobriety tests are not accurate. Many sober drivers are unable to perform these tests correctly. These tests are unreliable and therefore are relatively easy to contest in court.

DUI Per Se Versus Less Safe DUI

A per se DUI is the typical charge that comes to mind when people hear the term “DUI.”It means that the driver had a BAC above .08. A less safe DUI is essentially a charge that claims that alcohol impaired a driver and made it “less safe” for them to drive even though their BAC was not above the legal limit. A less safe DUI can be applied to a driver who had a BAC of .02 or higher.

• Appealing License Suspension
• DUI Blood Tests
• DUI Breath Tests
• DUI Test Refusal
• DUI With Child in Car
• DUI Dash and Body Cams
• Hiring an Experienced DUI Attorney
• DUI Field Sobriety Tests
• DUI License Property and Rights
• DUI Fines and Penalties
• DUI Impact on Employment and Life
• DUI Implied Consent Law
• DUI Jail Time
• DUI Repeat Offenses
• Types of DUI Charges
• Underage DUI
• DUI Less Safe Law

Are DUIs Felonies?

Generally speaking, DUIs are misdemeanors in Georgia. However, some circumstances can transform the charge into a felony.

These circumstances include:

• • The DUI caused injury or death
• • Another crime was committed during the incident in question
• • The DUI caused extensive property damage
• • The driver was also transporting a minor with a high BAC

A DUI can also be a felony if the driver has three previous DUI convictions.

First Offense DUI Penalties

A first offense DUI can lead to 12 months of probation and a fine of $300, in addition to court costs. Most first offense DUIs do not have jail time attached, but they can convey a sentence of 1-10 days in some circumstances. You will also likely have to perform 40 hours of community service, attend substance abuse counseling and DUI school. In Georgia, you may also have to attend a Madd Mothers Victim Impact Panel.

Finally, your driver’s license will be suspended, but there can be a permit to drive in certain situations.

Second Offense DUI Penalties

A second DUI offense can lead to between 12 and 36 months of probation and a fine that is between $600 and $1000, in addition to court costs.  There is a mandatory prison sentence for a period between 90 days and 12 months in jail.  In most cases, all of that time can be served through probation with the exception of 3 days that must be spent in jail. You will also likely have to perform 240 hours of community service, and attend substance abuse counseling and DUI school.

Finally, your driver’s license will be suspended, and an ignition interlock will be installed on your vehicle after 120 days of “hard suspension. Your photo will also be published by the county in connection with the crime.

Third Offense DUI Penalties

A third DUI offense can lead to between 12 and 36 months of probation and a fine that is between $1000 and $5000, in addition to court costs.  There is a mandatory sentence for a period between 120 days and 12 months in jail.  In most cases, all of that time can be served through probation with the exception of 15 days that must be spent in jail. You will also likely have to perform 240 hours of community service, and attend substance abuse counseling and DUI school.

Finally, your driver’s license will be suspended for a minimum of five years, and an ignition interlock device will be installed on your vehicle after two years of “hard suspension.” Your photo will also be published by the county in connection with the crime.  You will be identified as a “Habitual violator” by the state.

Fourth Offense DUI Penalties

A fourth DUI is a felony.  There is a mandatory prison sentence that will last between 1 and 5 years.  You will also likely have to perform 480 hours of community service, attend substance abuse counseling and DUI school.

Finally, your driver’s license will be suspended for a minimum of10 years. Your photo will also be published by the county in connection with the crime.  You will be identified as a “felon” for the rest of your life.

Drug-Related DUIs in Georgia

A drug related DUI conveys the same penalties as an alcohol-related DUI with one key exception: If you are convicted of a drug-related DUI, you will not get a permit to drive or a restricted license while your license is suspended. You will be kept off the road.

A DUI accusation is not a conviction. At the Claiborne firm, we are experienced with these charges and know how to build a successful defense. In many cases, sobriety tests are unreliable due either to medical conditions or misapplication by law enforcement. Either way, these tests can be challenged and ruled inadmissible. It may also be possible to get the case dismissed if we can prove that the traffic stop was improper.

Get Your DUI Dismissed and Save Your Driving Privileges Right Now

The sooner you talk to an attorney, the sooner they can save your driver’s license from suspension and talk to the prosecution and police officer to try and work out a deal to have the charges dismissed or reduced.

Schedule a Free Legal Consultation with Us  24-Hours a day: (912) 351-8775