Pooler, GA DUI Lawyer

Pooler, GA DUI Attorney

Facing the aftermath of a DUI arrest can be humiliating and overwhelming. If you are convicted of a DUI, the fallout can be even worse. A DUI conviction can impact your employment status, personal relationships, ability to drive, and even housing opportunities. Perhaps worst of all, it gives you a criminal record. If you ever find yourself charged with a DUI, it is vital that you take the proper steps to protect yourself by hiring a Pooler DUI lawyer today.

Fighting a DUI Charge

Fighting a DUI charge is not easy. It can be a difficult struggle from start to finish, especially if you decide to handle your case on your own. An experienced DUI lawyer can help you build a solid defense strategy and make sure your case remains focused and strong. If you are pulled over on suspicion of drunk driving and found to have a blood alcohol content (BAC) of 0.08% or higher, you are considered legally drunk in Georgia.

When you are arrested and taken to a police station, you may start to feel like you’re already convicted. Remember, you are innocent until proven guilty in a court of law. You can always fight the charges made against you. Your first move upon arrest should be to call a lawyer. You don’t have to say anything to the police without your lawyer present, nor should you.

The police will likely put you through some chemical tests to check your alcohol level, and you can challenge the validity of those tests later. An experienced DUI lawyer has the skills and the success record to do what’s necessary to reduce or even dismiss the charges against you. There are many different ways you can mount a successful defense. Here are a few potential defenses against a DUI in Georgia:

• Challenging Whether the Officer Had Reasonable Suspicion: A traffic stop by a police officer is only lawful if the officer has reasonable suspicion that a crime is being committed. This includes suspicion of drunk driving. Swerving through traffic, driving slowly, braking erratically, or making wide turns are considered reasonably suspicious activity. However, if the officer stops your vehicle on a hunch with no suspicion of criminal activity, it can make the entire arrest illegal.
• Proving That You Weren’t Driving: In certain cases, the arresting officer may not have actually seen you driving the car. If the officer first encounters you when you are stopped on the side of the road, sleeping off the intoxication in your car, they can’t legally arrest you for drunk driving, as the officer did not witness you driving a car while drunk. The evidence that you were driving may be circumstantial, so you can fight it with a strong defensive strategy.
• Field Sobriety Test Inaccuracy: Often, the strongest evidence that the arresting officer has against you is the field sobriety test results. It can be considered reasonable to assume that the officer may have administered those tests incorrectly. You can challenge these results. If you can do so successfully, the judge may throw out the results of your test, which can drastically weaken the case against you.
• Illegal Search and Seizure: The Constitution protects every American against unlawful search and seizure. The police must have probable cause or a warrant to lawfully search your home or vehicle. This includes searching your vehicle for further evidence of a DUI. If the police do not have probable cause that a crime is being committed, they cannot legally search your vehicle. It is important to remember that they can search anything if you consent to it.

FAQs

Q: How Much Does It Cost to Fight a DUI in Georgia?

A: Fighting a DUI charge in Georgia costs as much as the process requires it to. It depends on the circumstances of your case. Each DUI case is unique, with its own set of details. Critical factors in knowing how much your case may cost include the evidence against you and the resources that your lawyer may need to build your defense. It is vital that you discuss fees and other potential expenses with your lawyer before agreeing to hire them.

Q: Should I Get a Lawyer for My First DUI in Georgia?

A: Yes, you should absolutely get a lawyer for your first DUI in Georgia. It is recommended that you retain legal counsel any time you are facing some sort of legal issue. After all, having someone on your side who understands the complexities of the law can only help you more effectively protect your interests. The minimum penalties for a first-offense DUI in Georgia could still include jail time, fines, and a license suspension. You should try to fight those charges.

Q: What Is the Three-Hour Rule for a DUI in Georgia?

A: The “three-hour” rule for a DUI in Georgia refers to how long after being found drunk you can be charged. In Georgia, a driver can be charged with a DUI if their blood alcohol content is 0.08% or higher within three hours of getting behind the wheel. If you consume alcohol before driving and it takes a few hours for you to get drunk, you can still be charged with a DUI. This applies to all drivers of all ages, though the BAC amount is lower for certain groups, such as underage drivers and commercial drivers.

Q: How Likely Is Jail Time for a First-Offense DUI in Georgia?

A: The likelihood of jail time for a first-offense DUI in Georgia depends entirely on the details of your case. If the judge assigned to your case is lenient and your DUI didn’t harm anybody or cause any property damage, there is a fair chance that you could end up paying a small fine and being sent on your way. However, there is always the possibility of jail time.

Contact a Lawyer Today

The legal team at Jarrett Maillet J.D., P.C. can develop a strong defense plan to fight your DUI charges. To learn more and speak with a valued team member, contact us to schedule a consultation today.