When facing a DUI charge, finding a reliable Banks County, Georgia DUI attorney is crucial. At Brett Willis Law, we understand that many concerns may be troubling you, such as worries about losing your license. Rest assured, we are here to alleviate those fears. Brett Willis boasts a wealth of experience, having worked on cases since 2005, and has earned recognition as one of Georgia's top attorneys. With his exceptional expertise, you can trust that your case is in capable hands. Contact us today to arrange a free consultation.
What Is a DUI in Banks County?
DUI stands for “driving under the influence.” There are two primary categories of DUI charges in Georgia: per se DUI and less safe DUI.
Per Se DUI
A per se DUI means the officer has test results showing the driver's blood alcohol concentration (BAC) level is at or above 0.08%. It's important to note that this threshold also applies to drugs, although with a different criterion. Any trace of a controlled substance or marijuana detected in a blood or urine test can result in a per se DUI charge.
Less Safe DUI
On the other hand, a less safe DUI does not necessitate a specific BAC level. Instead, the only criterion is that the driver's impairment reaches a point where operating a vehicle becomes significantly risky.
Actions to Take Following a DUI Charge
If you find yourself facing a DUI charge in Banks County, whether it's a less safe DUI or what is known as a per se DUI, it is essential to contact a Banks County DUI lawyer. They will guide you through the necessary steps and procedures, ensuring that you meet all important deadlines. In cases where the officer has confiscated your license and provided a temporary permit, it is crucial to act within 30 calendar days. Failure to do so could result in a 12-month license suspension without the option of a work permit. It's critical to reach out to a knowledgeable Banks County DUI lawyer so they can take action as soon as possible.
The Importance of Finding a Local Banks County, Georgia DUI Attorney
Failing to secure a local lawyer, specifically a Jackson County DUI lawyer, may result in hiring someone who lacks familiarity with the court system and the key individuals involved. This situation could have negative implications for many different aspects of your case. It's generally advisable to seek out an attorney who is well-versed in the local area, court system, and the individuals involved. Having someone with this level of familiarity can greatly benefit your case and lead to a better outcome in the end.
Qualities of a Good Banks County, Georgia DUI Attorney
The most effective DUI lawyers in Banks County are those who specialize in DUI defense and devote the majority, if not all, of their practice to this area. These are the professionals who possess comprehensive knowledge of the various issues that can arise in a DUI case. By leveraging their expertise, they are equipped to identify and address multiple factors that can potentially lead to a more favorable outcome for you. Ultimately, this is about seeking results to avoid a DUI conviction whenever possible. If you need a DUI lawyer who is experienced enough to fight for the best outcome, contact Brett Willis Law today.
Frequently Asked Questions
What Is the Legal Blood Alcohol Concentration (BAC) Limit for DUI in Georgia?
In Georgia, the BAC limit for a DUI is 0.08%. Getting test results that show you are at or over this limit will result in a per se DUI charge.
What Happens if I Refuse a Breathalyzer or Chemical Test?
You always have the right to refuse any tests due to legal protections against self-incrimination. However, Georgia also has an implied consent law which basically means you implicitly agree to the tests by driving on Georgia's roads. If you refuse the test, then the officer has the right to suspend your license immediately.
Can I Still Drive After a DUI Charge in Banks County?
Yes, you should still be able to drive after a DUI charge in Banks County. While your license will be taken away, the officer is supposed to give you a temporary license known as Form 1012. Once this expires, though, you won't be able to drive until you can get your license reinstated or get permission for another limited driving permit.
How Long Does a DUI Conviction Stay On My Record in Banks County?
DUI convictions in Banks County stay on your record permanently. There is no way to get the crime expunged or get your records restricted. Normally first-time offenders would be able to take advantage of the Georgia First Offenders Act so their record is clean once they finish their jail and probation sentence. However, DUIs are no longer included in this act. The best way to prevent a DUI record is to find an experienced DUI lawyer like Brett Willis who will fight for a not guilty verdict until the end.
What Is DUI School?
DUI school is shorthand for a DUI risk reduction program. Those convicted of a DUI will have to complete this program as part of their sentence, which includes 20 hours of in-person courses on alcohol or drugs and how they can affect drivers. The program costs $360, including all materials needed to complete the course.
Can I Negotiate a Lesser Charge for My DUI?
It is possible to negotiate a lesser charge for a DUI. This is an agreement with the prosecution known as a plea bargain, where you choose to plead guilty for a lesser crime instead of the original. The hope here is that you'll receive less severe punishments for the new crime. However, it is not the best option in all cases. If there is evidence clearly proving your innocence or the lack of evidence makes it difficult to prove your guilt, then fighting for a not guilty verdict is generally the best route. After all, even lesser charges still result in a criminal record.