Atlanta Criminal Defense Attorneys

By: Former police officer turned Georgia criminal defense lawyer Cory Yager, along with top-rated lawyer Larry Kohn.

Our law partners bring over 90 collective years of criminal defense experience to the table. We currently (and since 1995) author Georgia’s leading book in DUI law in Georgia. The book was originally authored by top criminal defense lawyer William C. Head, and it comprehensively covers DUI laws in Georgia.

A DUI offense can result in serious penalties. In Georgia, every DUI is a criminal offense. Some (who moved to Georgia from other states) get confused since the acronym used in their former state was “D.W.I.” Ignore the acronym difference, since DWI vs DUI are the same crimes.

Most people confronted by a police officer investigating a possible DUI have a “routine” taught in the Police Academy to launch into a series of roadside “field sobriety tests,” that are optional, voluntary, and CAN BE DECLINED. These are optional, voluntary and are NOT scientific tests.

The best strategy is to not say or do anything at the roadway. Few people heed this advice, which only makes their criminal cases more difficult to win.

Is a DUI a felony? Usually, “no” is our answer. Over 93% of DUI cases in Georgia are misdemeanors. This is because a 4th DUI within 10 years is the only exception. The rest are prosecuted as felonies in the Peach State.

In Georgia, DUI laws are stringent, and among the toughest in America. The Legislature wrote the drunk driving laws with exceedingly harsh punishments to deter driving under the influence of alcohol or controlled substances.

If you are convicted of violating GA DUI laws, you may face jail time, will pay large fines and surcharges, and will suffer a driver’s license suspension. On top of all that, Georgia is one of roughly 15 states for which there is no possibility of getting a first offense DUI expunged of restricted from criminal records.

Once accused DUI drivers start looking at the harshness of DUI convictions, they next use Google to look up lawyers with reputations for being top-rated criminal attorneys Atlanta. Many will search for a best criminal lawyer near me and others may type in “top criminal lawyers in Georgia for driving under the influence.”

Our best criminal defense attorneys were trained from Day 1 of their legal careers by William C. “Bubba” Head, voted (by the 800 plus members of NCDD.com) to be the best DUI lawyer in America in 2003.

Facing a DUI charge can be a daunting experience. The legal complexities and potential consequences can be overwhelming and is best handled when in the hands of a best criminal lawyer Atlanta. This guide prepares you to manage a DUI charge and highlights the importance of a skilled defense lawyer.

How to find an attorney to defend you. A specialized DUI defense attorney can guide you through the process. These Atlanta GA criminal defense attorneys can help you understand your rights and the charges against you.

We will look at why it is important to act fast and hire a criminal law attorney near you after a DUI arrest. This can help you avoid a 12-month license suspension that is civil, not criminal. We will also discuss the benefits of choosing a local law firm with experience in Atlanta, Georgia.

Refusing to Submit to Testing and Its Implications

In Georgia, if you are arrested for suspected DUI, you may face serious consequences. This can happen if you refuse to take the DUI test after your arrest.

The Georgia implied consent law requires drivers to comply with testing requests. Once arrested, an officer must read you this advisement immediately and get your consent (or your refusal) for the record.

A refusal can result to an automatic license suspension under the state’s implied consent laws. This suspension can last up to 12 months. This harsh penalty for a DUI misdemeanor happens before the DUI case is resolved. It can occur before a plea deal or a trial. Losing your driver’s license is a serious issue.

A refusal suspension makes your defense even harder. In court, the prosecutor might say that refusing a test shows “consciousness of guilt.”

But smart DUI-DWI attorneys will fight this idea. They will argue that blood tests are invasive, by puncturing a person’s skin. They will also emphasize that the officer did not offer a less invasive forensic breath test with the Intoxilyzer 9000.

The Basics of OCGA 40-6-391

OCGA 40-6-391 is the statute governing DUI in Georgia. It outlines the legal definitions and consequences for DUI offenses.

This statute specifies what constitutes driving under the influence. It includes alcohol, drugs, or a combination of both.

OCGA 40-6-391 clearly defines the penalties for violating these provisions. Increased penalties vary based on factors like repeat offenses and BAC levels. A first offense DUI adult driver who submitted to the post-arrest testing can obtain a limited driving permit immediately after the case disposition and get her or his plastic license reinstated after 120 days, by completing the risk reduction course.

Understanding OCGA 40-6-391 is key in defending against a DUI charge. A knowledgeable DUI lawyer can provide clarity on how this statute relates to your case.

Georgia Implied Consent Law

Georgia’s implied consent law is important in DUI cases. This law means that by driving in Georgia, you agree to chemical testing.

If you are arrested for DUI, refusing a breath, blood, or urine test can have serious consequences. Refusing the test can lead to a license suspension.

The implied consent law helps gather evidence for DUI cases. However, refusing the test also has penalties, making the legal situation more complex.

Understanding the implied consent law is important. A DUI defense lawyer can check if your rights were violated under this law.

Our three top criminal defense attorneys can help you understand what happens if you refuse the test and assist in planning your defense. Plus, best of all, we offer a FREE lawyer consultation to comb through your case evidence and look for possible police errors or omissions to follow Georgia laws.

Penalties for DUI Offenses

DUI penalties in Georgia are severe and multifaceted. The State Legislature aimed to deter dangerous behavior and ensure public safety by increasing consequences for those who re-offend.

1. Monetary Fines and Fees called “surcharges.” DUI convictions often come with hefty fines, plus add-ons called “surcharges.” These financial penalties tend to escalate with multiple offenses, with the fine for a felony DUI reaching as much as $5,000.
2. Jail Time: A first-time DUI might result in 24 hours (or more) in jail. Subsequent offenses carry longer mandatory incarceration sentences.
3. Driver License Suspension: Your driver’s license can be suspended for at least a year. The suspension period will extend longer with repeated offenses.
4. Ignition Interlock Devices: You may need to install this device after your suspension. It prevents your car from starting if it detects alcohol in your breath.

Additional mandatory sentencing will include community service hours. Offenders must also complete DUI school, known as the “risk reduction” course.

The convicted person will remain on probation for a full 12 months. The severity of penalties depends on the details of each case.

Understanding these penalties is essential for a robust defense. A DUI criminal defense lawyer can help minimize these impacts. A lawyer can offer strategies tailored to your circumstances, potentially altering the outcome.

Specialized Knowledge of DUI Defense Tactics

Successful and aggressive DUI defense will require special legal knowledge. The best criminal defense firms in Georgia have attorneys who rank highly in the nation’s top directories.

These include Super Lawyers, AVVO, Best Law Firms in America, Best Lawyers in America, and Martindale. Highly rated criminal law firms offer top performers for case reduction and trial success.

DUI-specific laws are intricate and diverse. Understanding these specific laws is critical for an effective defense. Most criminal attorney firms lack litigators with multiple DUI trial victories, while our partners have hundreds of successful defenses.

Specialized DUI attorneys are familiar with tests used to determine impairment. They know how to question the reliability of these tests.

They can identify flaws in test administration or equipment. This skill is essential in challenging the prosecution’s evidence. Being the “guys who wrote the book” is also a huge advantage in terms if keeping up with cutting edge developments in traffic law defense and constitutional law.

Additionally, experienced DUI lawyers understand how alcohol or drugs affect driving. They can leverage scientific knowledge to support your case.

Having a lawyer with specialized DUI defense experience ensures your representation is targeted and knowledgeable. Remember, IF CONVICTED, you take that conviction with you to the GRAVE!

Navigating the Criminal Justice System

The criminal justice system is complex and intimidating. Without a thorough understanding, navigating it alone is overwhelming.

A DUI lawyer acts as your guide. They decode legal jargon and procedures, making the process understandable.

They manage all paperwork and deadlines. Missteps in documentation can have severe repercussions, so precision is key.

Experienced attorneys know how to negotiate with prosecutors. A best criminal defense attorney can often secure favorable plea deals or reduced charges whereas a new or unproven litigator does not “worry” the prosecutor if a trail is going to take place.

Their familiarity with courtroom protocols and local judges aids in forming a strategic defense. They anticipate challenges before they arise.

A DUI lawyer provides indispensable assistance at every junction. From arraignment to potential trial, they protect your best interests, steering your case toward a more favorable resolution.

Administrative License Suspension: You MUST Act Quickly (30 days)

DUI charges (this applies to both DUI alcohol or drugs) will trigger a 12 month driver’s license suspension for anyone who refused the post-arrest test of blood. The #1 reason we allow a FREE consultation is to keep DUI arrestees for being suspended for a FULL YEAR, by not following Georgia’s DUI laws.

Losing your license can complicate a client’s everyday activities, including not being able to cover your family duties, such as driving children to and from school. Most arrestees (not all) can avoid having this harsh, lengthy loss of driving privileges if they just learn how to handle it.

To regain your driving privileges, two options exist. Either a DDS appeal of the pending suspension must be “filed” within 30 days, or the person can opt for and install a 12-month ignition interlock device to obtain limited driving privileges.

The suspension is not just an inconvenience. It affects work, family commitments, and independence. Planning for alternative transportation becomes essential.

Finding the Best Criminal Attorney Near You

Finding the right legal help is crucial when facing a DUI charge. An experienced lawyer can greatly affect the case’s outcome. Do not hire a low-cost lawyer and quickly find out that you got what you paid for.

Start by looking for criminal justice lawyers in your area. A local attorney knows state laws and court systems well. This knowledge is key to building a defense strategy.

Ask for recommendations and check online reviews to help in your search for top tier litigation attorneys. Get feedback from past clients about their experiences. Personal referrals can also provide honest insights.

Evaluate the lawyer’s experience with DUI cases. Specializing in DUI law can lead to better results. General lawyers may not have the same knowledge.

Consultation meetings help you see if the lawyer is a good fit. Trust and communication are important for a strong attorney-client relationship. You should feel at ease discussing your case details.

Don’t overlook the need for a skilled attorney. A good lawyer can help reduce serious penalties. This step is crucial for handling the challenges of DUI defense.

Protecting Your Rights and Future

Protecting your rights after a DUI charge requires decisive action. Choosing the right DUI criminal defense lawyer is a crucial first step. Your legal warrior’s expertise can significantly impact the outcome of your case.

Because our initial case review is FREE, what are you waiting for? Call 404-567-5515 anytime, day or night. Our three partners are co-authors of Georgia’s leading book on DUI laws in Georgia, a 1400-plus page treatise of Georgia DUI laws. Where would you think you can receive better advice?

Navigating the complexities of DUI laws without guidance can be overwhelming. Legal professionals provide clarity, ensuring you understand each phase of the legal process. Their experience helps in formulating strategies that challenge evidence and safeguard your interests.

The future is at stake with a DUI conviction. Seeking prompt legal advice is essential to reduce the negative consequences on your life. From minimizing penalties to protecting employment opportunities, a skilled defense can make a world of difference. Remember, the right attorney can not only protect your rights but also help secure a more favorable future.