Experienced Atlanta DUI Lawyers Providing Defense for Drivers

Despite the fact that DUI arrests are one of the most common types of criminal proceedings, many people are unaware of the consequences of being convicted of DUI, especially if it is their first offense. If you have been accused of DUI, you have the same rights as anyone else who has been arrested including the right to remain silent and the right to have a DUI attorney. Even if you have submitted to field sobriety tests, a roadside Alcosensor test or a breath test on an Intoxilyzer 5000 that indicates that your blood alcohol content (BAC) was over the legal limit of .08 (.02 if you are a minor), you still have a defensible DUI case. DUI charges often stem from illegal traffic stops, where the arresting officer pulls you over without probable cause or reasonable suspicion. Additionally, police officers often read the wrong version of the Georgia Implied Consent Notice or fail to read the notice all together.

A DUI conviction can have a significant impact on your life, freedom and ability to keep your driver’s license. If your license is suspended or revoked, you may be unable to get to and from your job. That is why you need an experienced Atlanta DUI lawyer who understands all aspects of a DUI arrest and can guide you around the many pitfalls related to a DUI. If you have been accused of driving under the influence of alcohol or drugs, contact our offices to schedule a free initial consultation.

The Atlanta DUI attorneys at Kimmey & Murphy have wide-ranging experience handling DUIs in the Municipal, Probate, State and Superior Courts of Georgia. We have successfully negotiated pleas to lesser charges as well as received acquittals after jury trials in numerous DUI cases all over Metro Atlanta and Northern Georgia.

 

What Are Georgia’s DUI Basics?

A person shall not drive or be in actual physical control of any moving vehicle while:

  1. Under the influence of alcohol to the extent that it is less safe for the person to drive;
  2. Under the influence of any drug to the extent that it is less safe for the person to drive;
  3. Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
  4. Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
  5. The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
  6. Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.

If you would like to discuss your DUI arrest or administrative license suspension with an experienced Atlanta DUI lawyer, contact Kimmey & Murphy, P.C. today.

 

What are the Possible DUI Punishment in Atlanta?

First conviction:

(A) A fine of not less than $300.00 and not more than $1,000.00;

(B) A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender’s alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph;

(C) Not fewer than 40 hours of community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program;

(E) A clinical evaluation and, if recommended as a part of such evaluation, completion of a substance abuse treatment program; and

(F) If the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated.

Second conviction within a ten-year period of time:

(A) A fine of not less than $600.00 and not more than $1,000.00;

(B) A period of imprisonment of not fewer than 90 days and not more than 12 months. The offender shall be required to serve not fewer than 72 hours of actual incarceration;

(C) Not fewer than 30 days of community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program;

(E) A clinical evaluation and, if recommended as a part of such evaluation, completion of a substance abuse treatment program; and

(F) A period of probation of 12 months less any days during which the person is actually incarcerated.

Third conviction within a ten-year period of time:

(A) A fine of not less than $1,000.00 and not more than $5,000.00;

(B) A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The offender shall be required to serve not fewer than 15 days of actual incarceration;

(C) Not fewer than 30 days of community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program;

(E) A clinical evaluation and, if recommended as a part of such evaluation, completion of a substance abuse treatment program; and

(F) A period of probation of 12 months less any days during which the person is actually incarcerated;

Discuss your DUI arrest or administrative license suspension with a winning Atlanta DUI attorney today.

 

What is The 10-Day Letter?

If the arresting officer files a Form 1205 with the State Department of Driver Services, you only have TEN (10) BUSINESS DAYS to appeal the administrative suspension. Failure to file the 10-day letter will result in the administrative suspension automatically going into effect and you will not be able to contest the suspension. If you refused to take the state administered test, a failure to file a proper appeal will result in your license being suspended for a 12 month period with no temporary or work permits being granted. Accordingly, it is imperative that people arrested for DUI seek legal assistance from a DUI lawyer as soon as possible to learn their rights and file the appropriate appeal.

 

Contact a Skilled Atlanta DUI Attorney Today

Call our offices (404) 586-9848 (Atlanta) or (706) 216-7228 (Dawsonville) or feel free to reach out to us by simply completing the form  online. Let our trusted Atlanta DUI lawyers help you.