DUI Lawyer in Lumpkin County, GA

The first thing you should do after a DUI arrest is remain calm and exercise your right to remain silent. It’s important to not say anything that could potentially be used against you in court. You have the right to request an attorney, and it’s wise to do so as soon as possible. A DUI lawyer in Lumpkin County, GA can help guide you through the next steps and advise you on how to handle your case.

In Georgia, your driver’s license may be automatically suspended after a DUI arrest. However, you can request an administrative hearing to challenge the suspension. You must request this hearing within 10 days of your arrest to avoid an automatic license suspension. A DUI lawyer in Lumpkin County, GA can help you request the hearing and present your case to help protect your driving privileges.

While you have the right to refuse a breathalyzer test in Georgia, refusing it can lead to serious consequences. Under Georgia’s implied consent law, refusal to submit to a chemical test (breath, blood, or urine) can result in an automatic license suspension, even if you are not convicted of DUI. It’s important to understand the potential penalties and consult with a DUI lawyer in Lumpkin County, GA before making any decisions.

A DUI conviction will remain on your criminal record in Georgia for a minimum of 10 years. This can have lasting effects on your employment, insurance rates, and other aspects of your life. However, it may be possible to reduce or dismiss the charge depending on the circumstances of your case. Consulting with a DUI lawyer in Lumpkin County, GA can help you understand your options for minimizing the impact of a DUI on your record.

Yes, it is possible to be arrested for DUI if you are under the influence of prescription medication in Georgia. Even if the medication is legally prescribed to you, if it impairs your ability to drive safely, you can face DUI charges. If you have been arrested for DUI due to prescription medication, it’s crucial to speak with a DUI lawyer in Lumpkin County, GA to discuss your case and explore potential defenses.

The penalties for a DUI conviction in Georgia can vary depending on factors such as your BAC level, whether you have previous DUI convictions, and whether there were aggravating factors (like an accident or child endangerment). Common penalties include fines, jail time, mandatory DUI education, community service, and a suspended driver’s license. A DUI lawyer in Lumpkin County, GA can help you understand the specific penalties you may face and work to reduce them.

It is possible to have a DUI charge reduced or dismissed in certain situations. A skilled DUI lawyer in Lumpkin County, GA will review the details of your case, including the legality of the traffic stop, the accuracy of field sobriety tests, and the validity of breathalyzer results. There may be errors or issues with the evidence that could lead to a reduction or dismissal of the charges.

While you are not required to hire a lawyer for a first-time DUI offense, it is highly recommended. DUI cases are complex, and the consequences of a conviction can be serious. A DUI lawyer in Lumpkin County, GA can help you understand the charges, evaluate potential defenses, and negotiate for the best possible outcome, including reduced penalties or alternative sentencing options.

If your case goes to trial, your DUI lawyer in Lumpkin County, GA will present your defense in court. This may involve challenging the evidence presented by the prosecution, such as the results of the breathalyzer or field sobriety tests. The prosecution must prove beyond a reasonable doubt that you were driving under the influence. If the jury finds that there is insufficient evidence, you could be acquitted. However, if convicted, the judge will determine the appropriate penalties.

A DUI lawyer can help in many ways, including advising you on whether to accept a plea deal, challenging the evidence against you, requesting a hearing to protect your driver’s license, and helping you understand your rights throughout the process. Having a knowledgeable DUI lawyer in Lumpkin County, GA on your side ensures that your case is handled effectively and that you have the best chance of minimizing the impact of a DUI arrest.

Technically no, you do not have to have an attorney. You have the right to self-represent. However, having an attorney on your side comes with many benefits. One is that if you find an attorney within 30 days of your arrest, they can file an appeal document with the Department of Driver Services (DDS) to stop your license from getting suspended. Without doing this, you’ll get your license taken away for a year without the possibility of getting a work permit.  

Attorneys are also beneficial because they give you peace of mind. Navigating the legal system can be confusing, especially if you’ve never been charged with a crime before. They can answer any questions you have at every stage of the process. You can also trust them to take the wheel so you can sit back and not have to worry about anything. 

Yes, DUIs in Lumpkin County result in a permanent criminal record. Georgia does have a First Offender Act where first-time offenders of certain crimes won’t have a criminal record once their sentence is successfully completed. However, due to lobbying from groups such as Mothers Against Drunk Driving (MADD), Georgia no longer includes DUI offenders in this act. You also can’t expunge a DUI conviction or get your record restricted in any way. Once it’s on there, it’s there for good. 

Yes. Every subsequent DUI conviction you get in 5 years will come with more severe penalties than the first. This is especially true for fourth and subsequent DUIs, which count as felonies in Georgia. A fourth DUI comes with up to $5,000 in fines, at least one year in prison, five years of probation, and other penalties. 

Yes, even first-time DUI offenders have a mandatory jail time requirement. The minimum starts at 24 hours for a first-time DUI and keeps increasing for every subsequent DUI conviction over the course of five years. 

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. 

If 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 as a U.S. citizen. 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.

• 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.

You can refuse a breathalyzer test. There are two types of breathalyzers:

(1) the portable breathalyzer that the police have with them on the scene.

• These are portable instruments police have with them to test your breath for alcohol. The results of these tests are not admissible if you are, in fact, arrested and charged with DUI. You can refuse this test without any worries whatsoever (and you should always refuse them). 

(2) the breathalyzer at the police station. 

• These are not portable and are only located at the police station (after you have been read the implied consent warning by the officer). You can refuse this breath test (and you should). You should know, however, that refusal of this breath test carries with it significant consequences. Those consequences are: your Georgia driver’s license will be suspended for one year. If your refuse this breath test, the officer is supposed to take your plastic license from you. The officer is then supposed to give you a piece of paper that says “DEPARTMENT OF DRIVER SERVICES” at the top. This is called a “Form 1205.” It is absolutely essential that you know this: you only have thirty (30) days to challenge this one year 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! 

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

Absolutely, yes. In fact, you should always refuse to do field sobriety tests. 

There are two different types of suspensions. The first is an administrative suspension, Georgia law permits the officer to suspend your license if you were arrested for DUI and you refuse a breathalyzer, blood test, or urine test (or if 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 DUI. 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 case may go to the Lumpkin Municipal Court first, although some cases go directly to the Lumpkin County Superior Court.

You will be able to tell where your case is going by looking at your citation (about halfway down) to see where you are supposed to appear.

As anyone who knows anything about criminal defense in Georgia will tell you: you need a local lawyer to represent you. Brett Willis has been practicing in North Georgia since 2005. Give us a call now to talk with Brett about your charges. 

Also, take a look at our past case results to see how we have done in Lumpkin County. 

Absolutely yes. We have an incredible record of doing just that.

It is 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 their 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 DUI defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as much as legally complex.

The court date listed on your citation is called an arraignment. An arraignment is a hearing where you can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should. To us, tt would be a mistake to plead guilty without the counsel of a DUI lawyer in Lumpkin County, 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 DUI 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. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. 

Here, 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. Contact us today. The consultation is totally free.