DUI Lawyer in Gwinnett County, GA

A DUI charge in Gwinnett County, Georgia is a serious criminal matter that requires prompt action and experienced legal representation. Whether you are facing your first encounter with the criminal justice system or have some prior experience, the days immediately following a DUI arrest are among the most consequential in the entire case. Understanding what a DUI charge means under Georgia law, what immediate steps must be taken to protect your driving privileges, and what to look for when retaining a defense attorney will put you in the best possible position to defend against the charge.

Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle.

When you are arrested for DUI in Georgia, your driver’s license is automatically suspended. However, you have the right to request an administrative license hearing within 30 days of your arrest. This hearing gives you an opportunity to challenge the suspension of your license. If you do not request the hearing in time, your license will be suspended, and it could be harder to get it reinstated. A DUI lawyer in Gwinnett County, GA, can help you request this hearing and defend your driving privileges.

If you are arrested for drunk driving, what happens next depends on the facts and circumstances. Your DUI case may go to one of the many Gwinnett County municipal courts first (see list of Gwinnett Municipal Courts list).

Most Gwinnett DUI cases go to the Gwinnett Recorder’s Court first, although some DUI cases go directly to the Gwinnett State Court. Contact Us to help you determine where your case is going first.

In Georgia, you have the right to refuse both field sobriety tests and a breathalyzer test. However, refusing to take these tests can result in an automatic license suspension and other penalties. It’s important to understand the consequences of refusal, as they may impact your case. A DUI lawyer in Gwinnett County, GA, can discuss the best options based on your situation.

If convicted of a DUI in Georgia, you may face serious penalties, including:

● Fines ranging from $300 to $1,000
● Jail time of up to 12 months, depending on the circumstances
● Probation and mandatory alcohol education programs
● License suspension for up to 12 months
● Community service requirements

For repeat offenders or those with a high blood alcohol content (BAC), the penalties may be more severe. An experienced DUI lawyer can work to reduce these penalties or find alternatives to jail time.

A DUI conviction in Georgia will remain on your criminal record permanently. This can impact future job opportunities, travel, and other areas of your life. However, there may be options for expungement or record sealing in certain cases. A DUI lawyer in Gwinnett County, GA, can explain if you are eligible to have your record cleared after a conviction.

If you are arrested for DUI in Gwinnett County, there are several important steps you should take:

• Remain calm and do not make any statements to the police without speaking to a lawyer.
• Request an administrative license hearing within 30 days of your arrest.
• Contact a DUI lawyer to discuss your case and legal options.

Gather information about the arrest, including the circumstances surrounding your stop, any field sobriety tests, and the results of your breathalyzer test.

Having a DUI lawyer in Gwinnett County, GA, by your side will help you navigate the legal process and protect your rights.

Whether you go to jail after a DUI arrest depends on several factors, including whether you have prior DUI convictions, your blood alcohol content (BAC), and whether there were any aggravating factors such as an accident or child endangerment. In some cases, alternative sentencing options such as probation or alcohol education programs may be available. A DUI lawyer can evaluate your case and help you understand the potential for jail time and alternatives.

In many DUI cases, it’s possible to negotiate a plea deal with the prosecution to reduce the charges or penalties. This may involve pleading guilty to a lesser offense or agreeing to participate in alcohol education programs or community service instead of serving jail time. A DUI lawyer in Gwinnett County, GA, can negotiate on your behalf to seek the best possible outcome based on your case.

The cost of hiring a DUI lawyer can vary depending on the complexity of your case and the lawyer’s experience. At Brett Willis Law LLC, we offer free consultations to discuss your case, and we work with clients to provide affordable legal services. It’s important to have a lawyer who understands the DUI laws in Georgia and can help you achieve the best possible result for your situation.

Yes, you can be arrested for DUI in Georgia even if you are driving under the influence of prescription medication. The key factor is whether the medication impairs your ability to drive safely. If you have been prescribed medication that may impair your ability to drive, it’s important to speak with a DUI lawyer to understand your rights and potential defenses.

If you have questions about your DUI charge, it’s essential to speak with an experienced DUI lawyer in Gwinnett County, GA. At Brett Willis Law LLC, we offer free consultations to answer your questions, explain your legal options, and help you understand the next steps in your case. Whether you are unsure about the charges or worried about the consequences, we are here to help.

Absolutely, yes.

Whether you are in Gwinnett County or anywhere else in Georgia, you can refuse a breath test in either situation. Indeed, we believe you should always refuse any requests for your blood, breath, or urine.

Keep in mind, though, that you should be ready for consequences stemming from the refusal. In Georgia, if you refuse a request for a breath sample (or blood or urine), the police officer will likely suspend your license for 12 months. Call us immediately if this has already happened to you, because we know how to help you get your license back through the use of an ALS appeal.

Georgia has an implied consent law. This laws basically say that you implicitly agree to obey the rules of the road when you get a driver’s license. As such, you also implicitly agree to any chemical tests (breath, blood, or urine tests) in exchange for the privilege of operating a vehicle in the state. If you refuse, the officer can take your license and give you what’s called a “form 1205.” This is a notice that your license has been suspended. In Georgia, you do not have to be charged and convicted of a drunk driving offense to have your license suspended — you just need to refuse a breath test.

What’s more, in Georgia, your refusal may be used against you in court as evidence that you were drunk driving. Note, however, that the the Georgia Supreme Court recently held that Georgia’s Self-Incrimination Clause prohibits the use of evidence of your refusal if the officer requested that you provide either a breath sample or a urine sample. In other words, your refusal to take a blood test is still admissible against you at trial.

If you were arrested in Gwinnett County, you should speak to a drunk driving defense lawyer who handles both administrative and criminal DUI cases. Call us now to get working on saving your license and avoiding a DUI conviction.

You can refuse a breathalyzer test. It is important to know that there are two types of breath tests:

(1) Portable breath tests the officer will try to get you to take right there on the side of the road. These are known as PBTs (portable breath tests). The actual results of these tests are not admissible if you are, in fact, arrested and charged with DUI. You absolutely can refuse to take this breath test. And, thanks to a recent Georgia case, your refusal to take a PBT is also not admissible!

(2) The Intoxilyzer Breath Test — this is a breath test machine that is located at the police station (after you have been arrested for DUI and read the Implied Consent notice). You absolutely can refuse to take this breath test. Refusal of the breathalyzer machine at the police station, however, carries with it significant consequences. Those consequences are: your Georgia driver’s license will be suspended for one year. The officer is supposed to take away your plastic license and give you a form that says “Department of Driver Services” at the top. If this happened to you, you have thirty (30) days to challenge this suspension. This is where we can help. Call us now to save your driver’s license. This is absolutely critical. Do not let the 30 days run out on you!

If the officer did not read you your Miranda rights, this can affect the admissibility of your breath test (and other statements you may have made). Read our Miranda Rights page for more information.

No. The only “trial” you can have in the Gwinnett Recorder’s Court is a trial by judge (called a “bench trial”).

The Gwinnett Recorder’s Court (and all of Gwinnett’s many municipal courts) are not courts that have jury trials as an option.

What happens in practice is this: you go to one of these courts first. If you are unable to get a favorable resolution, you can demand a jury trial and your case will be sent to the Gwinnett State Court.

Absolutely yes. We have an incredible record of doing just that. Check out our Client Stories page to see our past results.

It is definitely possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.

Aside from errors or unreliable test results, you may have had your constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.

You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as much as legally complex. We talk to people every day who in your exact situation, and we’re standing by to hear from you, give us a call .

We know the law and the technical, scientific make-up of field sobriety tests, blood tests, breath tests, and urine tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case.

This is about winning, saving your license, and saving your ability to work and provide for your family. Contact us now . We’re standing by to hear from you about the facts of your case. Schedule a free consultation and get honest advice on your best legal options. Or, send us a quick, confidential message here.

f you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, you should remember you have certain rights. Namely,

1. The driver and any passengers have the right to remain silent (except you must show the police your driver’s license, registration, and proof of insurance upon request); and
2. If you are a passenger, you are free to leave.

If you are arrested or detained, you have additional rights, including Miranda warnings. (Read our Miranda Rights page for more information)

• You can say you wish to remain silent and ask for a lawyer immediately

If you believe your rights were violated in any way, try to write down everything you remember, including the police officer’s agency (state police, county police, etc.), badge number, and patrol car number.

Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.

There are three standardized FSTs:

1. the Horizontal Gaze Nystagmus Test (HGN test)
2. the One-Leg Stand Test (OLS test)
3. the Walk-and-Turn Test

The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and may not admissible as evidence.

Non-standardized FSTs include:

• finger to nose test
• the finger count test
• the hand pat test
• the alphabet test
• the reverse counting test
• the coin pickup test

There are two different types of suspensions. The first is an administrative suspension, Georgia law permits the officer to suspend your license if you are arrested for DUI and you refuse a breathalyzer, blood test, or urine test (or if you consent to the breathalyzer and have a BAC over a certain level). This means you can lose your driving privileges even when you have not been found guilty of driving while intoxicated or under the influence of a chemical substance. This is where you absolutely must call us prior to 30 calendar days from your arrest. We can, and will, challenge this suspension in court — all with the goal of saving your ability to drive.

The other type of suspension occurs when you are convicted of an intoxicated driving offense.

• For your first offense (within the past 5 years), if you are over 21 years of age, the suspension lasts 120 days but you are eligible for a “work permit.”
• For your second offense, your driver’s license will be suspended for 18 months. You are eligible for a work permit after 120 days (but an ignition interlock device must be installed for 12 months).

If you are arrested for drunk driving, what happens next depends on the facts and circumstances. Your DUI case may go to one of the many Gwinnett County municipal courts first (see list of Gwinnett Municipal Courts list).

Most Gwinnett DUI cases go to the Gwinnett Recorder’s Court first, although some DUI cases go directly to the Gwinnett State Court. Call us to help you determine where your case is going first.

No. The only “trial” you can have in the Gwinnett Recorder’s Court is a trial by judge (called a “bench trial”).

The Gwinnett Recorder’s Court (and all of Gwinnett’s many municipal courts) are not courts that have jury trials as an option.

What happens in practice is this: you go to one of these courts first. If you are unable to get a favorable resolution, you can demand a jury trial and your case will be sent to the Gwinnett State Court.

Absolutely yes. We have an incredible record of doing just that. Check out our Client Stories page to see our past results.

It is definitely possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.

Aside from errors or unreliable test results, you may have had your constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.

You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as much as legally complex. We talk to people every day who in your exact situation, and we’re standing by to hear from you, give us a call .

The court hearing that is listed on your citation for DUI is called an arraignment.

An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. Understand that you can plead guilty, but the real question is whether you should or not. To us, it would be a mistake to plead guilty, especially without the counsel of a DUI lawyer in Gwinnett, and there are multiple reasons for this.

1. If you plead guilty immediately, you lose any opportunity to fight the DUI charge.
2. If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances.
3. The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.

If it’s your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or reduced, you will have your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DUI convictions will assuredly lead to harsher penalties.

If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law is complex. The evidence can be highly technical and scientific.

We know the law and the technical, scientific make-up of field sobriety tests, blood tests, breath tests, and urine tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case.

This is about winning, saving your license, and saving your ability to work and provide for your family. Contact us now . We’re standing by to hear from you about the facts of your case. Schedule a free consultation and get honest advice on your best legal options. Or, send us a quick, confidential message here.