DUI Lawyers in Austell, Ga.
In the United States of America around 1.5 million people per year are arrested for drunk driving, according to Statistic Brain.com. Of the 1.5 million 10,075 people die per drunk driving related causes and about 1,250 people are arrested for DUI offense per 100,000.
Individuals who are dealing with such an offense are strongly urged to consult an experienced Top DUI lawyer in Austell Georgia.
A driving under the influence or driving while impaired charge might not only come with some considerable jail time but also burns a hole through your pocket book. A defense attorney with over 20 years of dui defense experience is one of the most invaluable assets you should obtain in order to ensure your best possible outcome especially if your DUI arrest involved a personal injury.
In the state of Georgia as in almost every state many lawmakers have pushed to categorize drinking and driving as a criminal offense where a number of Austell DUI Attorneys have presented their DUI cases to the Austell Clerk of Courts. These types of cases may not just involve alcohol or drugs – not just the illegal substances but some over the counter or prescribed medications – but the attorneys may be trying cases involving faulty field sobriety tests. Many Austell Criminal Defense Attorneys may opt to try their cases in front of a local judge and make a motion to have their case heard at the Cobb County State Court.
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 a DUI. In Austell, Georgia many people pour tens of thousands of dollars and waste an exorbitant number of hours in fighting their DUI or DWI cases.
You probably 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 all the DUI education and 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 law firm who has expert DUI defense lawyers.
Which is the right Austell, 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 Austell Georgia Lawyer.
- How familiar is the attorney with driving under the influence laws not only in Austell but in the state of Georgia?
- How many years of experience does this Lawyer have in dealing with DUI and criminal law 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 Austell 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 Austell, GA.
Something to consider:
A vast array of law offices offer a free consultation where they will review your case and give you some options before committing to any attorney. First always do some research and if you are somewhat strapped for cash google free consultation attorneys or visit websites like Top Rated DUI Lawyers in Austell, GA , or FindDUIAttorney.com
What comes with a DUI/DWI conviction?
Besides possible jail time due to a DUI/DWI conviction, a person who has been found guilty may have to pay a substantial amount of money from fines, to court costs, a traffic ticket or multiple traffic tickets and legal fees. Also, an individual who is found guilty in Austell Ga of driving under the influence or driving while impaired will inevitably have to deal with their license being suspended.
When it comes to your driving privileges after a DUI conviction in Austell, 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: Driver’s 21 years of age or older will have their license subject to suspension whether it is alcohol or any other drug. Also, 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, which if they are caught by law enforcement may result in a probation violation and jail time. How long it will be before you can get behind the wheel is determined through a number of different criteria’s including but not limited 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 in the of 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 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 Austell DUI attorney. Hiring the right attorney can be the difference between a dismissal or conviction. Even if your trial lawyer is unable to have the charges dropped a dui lawyer with years of experience can either reduce or even limit suspension and can also assist in reducing or eliminating jail time.
Why retain an Austell Georgia Criminal Defense Attorney after a conviction?
Your DUI/DWI don’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 not only smart but also the right thing to do to have a top-rated DUI Austell 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 not such written document is 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.