Darien, GA DUI Lawyer

Darien, GA DUI Attorney

It is important that you take the necessary precautions to protect your future in the event of a DUI charge. If you are convicted of a DUI, it can cause significant damage to every aspect of your life. A criminal conviction for a DUI is permanent in Georgia, and it can affect your personal relationships, housing opportunities, employment prospects, and so much more. You should reach out to a Darien DUI lawyer who can help you figure out a strategy.

Taking On a DUI Charge

There are no guarantees when you are taking on a DUI charge. Georgia takes DUI convictions very seriously. Without a lawyer, fighting your charges can be immeasurably difficult. While you are not legally required to hire a lawyer for your case, you must remember that you may not be totally qualified to handle such a responsibility. After all, having someone on your side who is trained in legal issues and understands the complexities of the law can only be an advantage for your case.

In Georgia, you will be deemed legally drunk if your blood alcohol content (BAC) is tested and found to be at least 0.08% or above. If you are found to be drunk while operating a vehicle, you will be arrested for a DUI. For underage drivers, the maximum BAC is 0.02%. For commercial drivers, the maximum BAC is 0.04%. When arrested, you will likely have your blood or urine tested to determine your exact alcohol level.

The moment that you find yourself being shoved into the back of a police car, you may start to panic as reality sets in. You may feel like the world around you is collapsing, and you have no possible way to fight the charges that will be filed against you. That may not be the case. You should try hard to not panic and do what you can to focus on the facts. You have been arrested. You will need a lawyer. Your first move upon arriving at the police station should be to insist that you call your lawyer.

Remember, you do not legally have to say anything to the police that you do not wish to say without your lawyer present. No matter how much the officers may try to intimidate, guilt, or threaten you, you don’t have to say a word. Once your lawyer arrives, you can start developing a viable defense strategy. Here are two of the potential defenses that you might use in Georgia:

• Illegal Search and Seizure: The Constitution protects all Americans from unlawful search and seizure. To legally search your property, the police need to have probable cause that a crime is being committed, or they must possess a valid warrant. If they have neither, they cannot legally search your home or vehicle without your express consent. However, once you give that consent, they can do whatever they wish. If a search was conducted illegally, it may be helpful to your case.
• You Were Not Driving: When the police arrest you for driving while intoxicated, they actually have to prove that you were, in fact, driving a vehicle. If the police find you on the side of the road sleeping off your drunkenness in the back of your car, that’s not enough to arrest you for drunk driving, as you were not driving. If your lawyer questions the validity of the arrest, the police may have to prove that you were driving the car, which can be difficult.

FAQs

Q: What Is the 10-Day Rule for a DUI in Georgia?

A: The 10-day rule in Georgia refers to the amount of time that someone who has been arrested for a DUI has to appeal their license revocation. In Georgia, you will have 10 days to submit a letter of appeal to the Georgia Department of Driver’s Services and stop the impending suspension of your driver’s license. The letter must include a processing fee and a properly filled-out relevant form.

Q: Is Reckless Driving Better Than a DUI in Georgia?

A: While reckless driving can carry a significantly smaller penalty than a DUI in Georgia, both are still dangerous activities that should be avoided. A DUI charge can sometimes be reduced to a reckless driving charge in certain cases. A reckless driving charge will still stay on your record indefinitely, but it may not cancel your car insurance policy or hurt your job prospects. However, there are no guarantees that your DUI charge will be reduced.

Q: What Is the Zero-Tolerance Law for a DUI in Georgia?

A: The Zero-Tolerance Law refers to drivers under 21 years of age who are caught driving while intoxicated. Underage drivers are not allowed to have any amount of alcohol in their bodies while driving, as drinking is illegal for anyone under 21. Harsh penalties may be imposed on underage drivers who are caught drunk driving, including jail time, community service, probation, and hefty fines. You could even lose your driver’s license.

Q: Should You Refuse a Breathalyzer Test in Georgia?

A: You always have the legal right to refuse a breathalyzer test if you are pulled over. However, the consequences of that refusal could be substantial. If you refuse a breathalyzer test in Georgia, you will likely be arrested for a DUI on the spot and taken to the station, where they may make you do the test anyway. Refusing a test can result in a revocation of your license, and it can be used as evidence at your trial.

Reach Out to a DUI Lawyer Today

Facing a DUI conviction can be a scary possibility. An experienced DUI lawyer can try their hardest to make sure that your defense is strong and calculated. It can be difficult to handle the stress of a case like yours. Your lawyer can provide you with some reassurance that your case is being handled professionally.

Jarrett Maillet J.D., P.C., is prepared to offer you quality legal assistance throughout the duration of your case. We can develop a defense strategy, build your case to the fullest, and protect your interests throughout the process. Contact us to schedule a consultation as soon as you can.