DUI Lawyers in Acworth, Ga.
Driving Under the Influence or DUI charges are not relegated to only certain individuals. In fact, statistically speaking you or someone you know have had the unfortunate mishap of dealing with some form of DUI. In Acworth, Georgia, many people pour tens of thousands of dollars and waste an exorbitant number of hours in fighting their DUI or DWI cases.
In the state of Georgia many lawmakers have pushed to categorize drinking and driving as a criminal offense. Additionally, the City of Acworth, Ga Municipal Court listens to driving while impaired (DWI) cases. These types of cases involve drugs and not only the illegal substances but some over the counter or prescribed medications may fall under this category.
Many top rated Acworth, GA attorneys have the necessary skill sets and expertise when handling a person’s DUI/DWI case, whether at the Acworth Courthouse or the Cobb County State Court.
You might think that a false DUI or DWI arrest is something that rarely happens this day and age, especially with prominent driving sharing companies like Uber and Lyft. But the truth is that even with DUI education and the convenience of having someone else take you home, many people are still facing DUI charges. Sometimes these situations can be resolved without any legal representation. However, the fact is that whether you are guilty or not, the wisest step to take is ensuring you hire the right DUI lawyers with plenty of experience.
What comes with a DUI/DWI conviction?
Besides possible jail time, a person who has been found guilty may have to pay a substantial amount of money from fines, due to court costs and legal fees. Also, an individual who is found guilty of a DUI in Acworth, Ga will inevitably have to deal with their license being suspended, which ultimately suspends your driving privileges. In Acworth, Georgia there are a number of penalties you will incur, according to Georgia’s department of motor vehicles.
DUI Suspensions in Georgia
Suspension is automatic: Drivers 21 years of age or older will have their license subject to suspension whether it is alcohol or any other drug. This also includes if you refuse a chemical test or DUI test.
How long does a suspension last?
No one wants their driving privileges taken from them. A person may grow weary or impatient and risk driving to work or even run errands before their license is reinstated. If caught in this act, a judge may deem you violated your probation, which may result in jail time. How long it will be before you can get behind the wheel is determined through a number of different criteria including but not limited to the number of DUI offenses committed and their specific circumstances. A person can also face longer driver’s license suspension periods depending on age.
Any individual who is age twenty-one (21) or older and who was convicted for a DUI in the state of Georgia faces a possible suspension or revocation of their driver’s license or non-resident driving privilege for a period of 120 days to five (5) years depending upon the prior driving record. Furthermore, as a result of a driving under the influence conviction, an individual can be subject to suspensions and/or revocations imposed upon Georgia residents by courts in other states.
The 2010 Georgia code § 40-6-391 defines a long lists the specific consequences when driving under the influence of alcohol, drugs, or other intoxicating substances. A number of penalties will incur. It also defines penalties of publication of notice of conviction for persons convicted for second time and endangering a child.
Other information concerning DUI Penalties: DUI/DWI Chart Penalties
It is imperative that you seek the most qualified Acworth DUI attorney. Hiring the right attorney can be the difference between a dismissal, reduced sentence or conviction. Even if your trial lawyer is unable to have the criminal charges dropped, a lawyer with years of experience might find a way to limit the amount of time your driver’s license is suspended.
Why retain an Acworth Georgia Criminal Defense Attorney after a conviction?
Your DUI/DWI doesn’t magically disappear after the judge and /or jury deliver the final verdict, that is unless your case was dismissed or the charges were dropped. After the final judgement, has been logged a person dealing with the DUI conviction has every right to appeal the verdict. With all the legal jargon or all the paperwork and steps needed to have your case heard by the court of appeals it is smart to have a top-rated DUI Acworth lawyer on your side.
These expert attorneys will provide all the heavy lifting and guide you to the process and clear up any misinformation you may have been given.
DUI/DWI Appeal Process in Georgia
Chapter 375-5-2.33 of the suspension/revocation and appeal procedures states that after determining that a Tester or Examiner’s certification should be suspended, revoked, or cancelled the department will notify the individual by certified mail or return receipt requested. Such notice shall be deemed received seven days after mailing.
The notification will have a list of requirements that needs to be completed by a specific date in order for the appeal to be deemed valid:
- The individual will have 15 days to request a hearing from the date if notice received. Note: All requests must be hand written and delivered to the department within the specified period.
- If such written document is not received within the allotted time, then the individual waives his/her right to the appeal process. Also, the suspension, revocation, or cancellation will be effective after the last day of the 15-day period.
- If written notice is received within the 15 days, then the department will schedule a hearing before an Administrative Law Judge. All procedures will follow Ga. Admin. Comp. Ch. 375-3-3-.04.
- The person waiting for his/her appeal to be heard may continue the driver’s license testing pending issuance of a final decision by the Administrative Law Judge.
Note: Driving Under the Influence convictions where your driver license was suspended and you are appealing the verdict brings on some hefty fines and the fines are contingent on the type of suspension.
- $150.00 for a DUI Suspension
- $150.00 for an implied consent suspension: When a person fails to submit to a DUI/DWI test by law enforcement.
- $250.00 for a limited permit revocation: This is what many call a hardship license where it allows those who have a suspension to drive on a limited basis to places like a job, your school (if enrolled) and places that you need to get to base on job tasks.
Some criminal defense attorneys try to have the suspension charge dismissed by arguing that driving is a right because people need to drive in order to conduct their personal and professional lives. In addition, these attorneys claim that a DUI conviction and a suspension fall under the double jeopardy statute. Therefore, there should not be a suspension hearing. However, the DDS has no jurisdiction over criminal court convictions and penalties, which leaves the double jeopardy argument invalid. You should always consult with your attorney for information on handling such matters.
Which is the right Acworth, GA DUI Defense Attorney to hire?
There are a number of factors an individual facing a DUI/DWI conviction should consider when hiring a top Acworth Georgia Lawyer.
- How familiar is the attorney with driving under the influence laws not only in Acworth but in the state of Georgia?
- How many years of experience does this Lawyer have in dealing with DUI proceedings? Note: If your potential attorney has less than five years then take into consideration the number of DUI/DWI cases he/she has been involved in. Just because they don’t have a decade of experience doesn’t mean they aren’t equipped to handle you case.
- Is this attorney strictly devoted in driving under the influence or driving while impaired cases? Or does he/she also tackle other cases like divorce, criminal cases etc.…. It may not be a bad thing to hire a lawyer with a vast array of practices under their belt, but keep in mind that sometimes working with a lawyer who is dedicated to one specific practice might be the most beneficial for you.
- Relationship with the prosecution. Not all lawyers have a great rapport with the Cobb County District Attorney or Assistant District Attorney but it is always ideal to hire a DUI attorney that has a great relationship with the prosecutor.
- A common deciding factor for most are the fees associated with Acworth DUI Lawyers. Attorney fees vary from firm to firm. One thing to think about is the DUI Lawyers success rate in having DUI/DWI charges dismissed or dropped and your driving privileges whether reinstated immediately or getting a minimal suspension period. This is one important thing to consider if money is an issue. Depending on your financial situation, you can also opt have a public defender appointed to your case. Public defenders can help get you the outcome you wanted but with the number of heavy caseloads he/she manages it is wise to hire a top dui attorney in Acworth, GA.