DUI Lawyers in Powder Springs, Ga.
There is a common and unfortunate event that occurs every day not only in the state of Georgia but all around the United States of America. According to StatisticBrain.com, each year a number of people-drivers to be specific- are arrested for either a driving under the influence or driving while impaired offense. The sad part isn’t the DUI arrest itself but that a vast majority of people continue to get behind the wheel after they have had one too many.
Powder Springs, GA a suburb of Metro Atlanta with a population of just under 14 thousand residents, according to the 2010 Census, is not immune to seeing DUI Charges or DWI charges brought against its residents. This keeps a number of criminal defense attorneys and their law offices busy and doing the best they can to defend their clients from both warranted or unwarranted DUI Charges.
People in Powder Springs, GA facing any form of driving under the influence charges are urged to seek out top rated DUI Lawyers. Additionally, if your charges include a personal injury charge you would be wise to speak to a number of criminal defense lawyers who specialize in both these types of legal issues. Follow the link: Top Rated DUI lawyer in Powder Springs Georgia and filter through the perfect defense lawyer.
It is no secret that for a number of years Georgia lawmakers have presented their arguments to the state into classifying driving under the influence as a criminal offense. That is a big reason why not only do criminal defense attorneys contend with multiple counts in their DUI Cases, but the defendant has to deal with the department of motor vehicles. Also, a person not under the influence of alcohol or a controlled substance may still face the possibility of a DUI Charge. Especially considering that in an “Under the Influence” criminal case a guilty verdict could still be determined despite your blood Alcohol Content (BAC) is less than .08.
The common practice for Powder Springs DUI Defense Attorneys are to argue your Georgia DUI Case at the Municipal Court of Powder Springs. On the off chance that your lawyer feels they have a better chance at a positive result somewhere else, the attorney will make a motion to try the case at the Cobb County State Court.
Which is the right Powder Springs, 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 Powder Springs Georgia Lawyer.
- How familiar is the attorney with driving under the influence laws not only in Powder Springs 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 Powder Springs 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 Powder Springs, GA.
- High-end looking offices: Don’t let some expensive looking real estate office scare you away. At the same time a moderate or lesser office shouldn’t deter you either. Always give any DUI Defense lawyer a chance to sit with you and advise you on your best possible routes.
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 Powder Springs, GA
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 Powder Springs 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.
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.
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