DUI/DWI ATTORNEYS IN CUMMING

Defending Against DUI/DWI Charges in Forsyth County 

An arrest for driving under the influence puts you in jeopardy of losing thousands of dollars in fines and fees, having your driver’s license suspended, and even spending time in jail. A conviction would continue to impact your life for years afterward, as your insurance premiums would skyrocket, and you would be subject to a “look-back” period that would enhance the penalty for a subsequent DUI. The situation cries out for highly professional and dedicated legal representation. From the moment you contact our office, we are fully engaged in your case. We understand that an arrest can be a harrowing experience, so we provide legal and emotional support throughout the process as we work diligently to achieve the best result possible.

Call Lipscomb, Johnson, Sleister, Dailey & Smith, LLP today at (770) 637-4741 or contact us online to schedule a consultation with our DUI/DWI attorneys in Cumming, GA.

Understanding DUI Penalties in Georgia

Your driving record and the specific facts of your case will determine the penalties you face when you’re charged with DUI. 

Possible penalties include:

• First offense: Incarceration in county jail for 24 hours to one year; $300 to $1,000 in fines and fees; and a license suspension of up to one year
• Second offense: Incarceration in county jail for three days to one year; $600 to $1,000 in fines and fees; a license suspension of up to three years; and possibly a court order to install an ignition interlock device
• Third offense: Incarceration in county jail for 15 days to one year; $1,000 to $5,000 in fines and fees; a license suspension of up to five years; and a court order to install an ignition interlock device
• Fourth offense: Incarceration in state prison for one to five years; $1,000 to $5,000 in fines and fees; an indefinite license suspension; and a court order to install an ignition interlock device

Georgia DUI/DWI Laws

In Georgia, as in other states, a standard DUI is charged when a driver’s blood alcohol content (BAC) measures 0.08% or above. However, drivers under the age of 21 are subject to a zero-tolerance standard and can be charged for a BAC reading of 0.02%. Commercial drivers can be charged at 0.04% or higher. Georgia does not have specifically mandated enhancements for BAC above 0.15%, but drivers with a high BAC can expect prosecutors to pursue the maximum penalty available under the law. The wide range of penalties is one of the major reasons you want a reputable attorney on your side.

Defenses Against DUI/DWI Charges

Common defenses against DUI/DWI charges may include:

• Improper Stop: Law enforcement must have a valid reason to pull you over. If there was no probable cause or reasonable suspicion for the traffic stop, any evidence gathered during the stop may be deemed inadmissible.
• Faulty Breathalyzer or Blood Test: Breathalyzer machines and blood tests must be administered correctly and maintained regularly to ensure accurate readings. If there is evidence of improper calibration, administration errors, or contamination, the results can be contested.
• Medical Conditions: Certain medical conditions, such as acid reflux, diabetes, or a high-protein diet, can affect the accuracy of breathalyzer tests. Demonstrating that a medical condition caused a false positive can be a powerful defense.
• Field Sobriety Test Issues: Field sobriety tests are subjective and can be influenced by various aspects, including road conditions, weather, and the individual’s physical health. Challenging the administration and interpretation of these tests can weaken the prosecution's case.
• Violation of Rights: Any infringement of your constitutional rights, like an unlawful search and seizure or failure to provide Miranda warnings, can lead to the suppression of evidence and potentially the dismissal of charges.

What to Do If You’re Pulled Over for a DUI/DWI

Knowing what to do during a DUI/DWI stop can significantly impact the outcome of your case. Here are essential steps to follow if you’re pulled over for a suspected DUI/DWI:

• Remain Calm and Polite: Stay calm and respectful throughout the encounter. Aggressive or erratic behavior can be used against you.
• Provide Basic Information: You are needed to deliver your driver’s license, registration, and proof of insurance. Avoid volunteering additional information or explanations.
• Exercise Your Right to Remain Silent: Politely decline to answer questions beyond the basic identification information. You have the right to remain silent to avoid incriminating yourself.
• Refuse Field Sobriety Tests: In Georgia, you are not legally required to execute field sobriety tests. These tests are highly subjective and may be used to build a case against you.
• Be Cautious with Breathalyzer Tests: Refusing a roadside breathalyzer test can result in an automatic license suspension due to implied consent laws. However, if you believe you are below the legal limit, it may be in your best interest to comply.
• Request an Attorney: If arrested, immediately ask to speak with an attorney from Lipscomb, Johnson, Sleister, Dailey & Smith, LLP. Do not answer any questions or make any statements until your lawyer is present.
• Document Everything: As soon as possible, write down everything you remember about the stop, including the officer’s behavior, the questions asked, and your responses. This information can be crucial for your defense.