Atlanta DUI/DWI and License Suspension Lawyer
At The Federal Law Group in Atlanta, Georgia, we recognize the short-term consequences and long-term severity of a DUI conviction. While there are reliable testing methods in place, other arrest procedures can be challenged successfully.
In Georgia, your first DUI charge is considered a misdemeanor. A felony habitual violator charge can occur if you are arrested for three DUIs within five years of your first arrest. At The Federal Law Group, we have represented clients in misdemeanor and felony DUI proceedings. The stakes of a DUI conviction are high, as it could both affect your job (if you work in various industries) and significantly increase your insurance rates.
There are two kinds of DUIs in the State of Georgia. If you submit to the breathalyzer test and blow over the legal limit of .08, you will be charged with DUI per se. Refusing the breathalyzer makes it harder for the prosecution to prove you were legally intoxicated. That results in a DUI less safe, meaning that the officer observed certain behaviors which indicated to him or her that you were intoxicated to the point where it was less safe for you to drive. You typically have 10 days after the date of arrest to submit a letter to the DMV requesting that an ALS hearing be set to keep your license pending your DUI case. If the letter is not sent within 10 days, your license will be automatically suspended.
In cases of DUI per se, where you did submit to the breathalyzer test, an attorney usually cannot challenge those test results that you were over the legal limit. However, the initial traffic stop and the legality of it can be contested.
DUI less safe requires the prosecution to present evidence on the officer's initial observation of a suspected drunk driver, including odor of the driver's breath and glassiness of the eyes. Field sobriety tests can be conducted and videotapes entered into evidence. However, without the tangible breathalyzer results, there are many challenges that can be presented that could have your charges dismissed or reduced to a lesser offense such as reckless driving.
Regardless of the DUI charge or the outcome of your case, the experienced attorneys at The Federal Law Group can save your license for the purposes of driving to work or school.
For more information or to schedule a free initial consultation on Georgia DWI laws or a drunk driving charge, contact us today.
