PRACTICE AREAS

Criminal Law and DUI

DUI (The Basics) [top]

Most of our clients have never been in trouble for anything other than a minor traffic ticket. However, some of our clients have been through the process before. Regardless of which category you fall into, we understand how upsetting the whole incident is. We want to help you.

A DUI has several different elements, but the main element is driving or being in actual physical control of a moving vehicle. The burden is on the State to show that the officer had a legal basis for stopping or approaching the vehicle. In the event that a person is stopped at a roadblock, the State must show that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution. These issues are somewhat complex. Lawyers who do not focus on this area of the law will not be abreast of the latest cases that affect people's rights.

The next element of the DUI case is the officer's investigation and determination that there is enough probable cause to arrest the person for DUI. The State must show that it is "more likely than not" that the person behind the wheel of the car was a less safe driver as a result of drinking alcohol. Many cases involve the use of field sobriety tests. These tests can help an officer make up his mind about whether or not a person should be arrested.

Once a person is arrested, the officer MUST read at the time of arrest a person's Georgia Implied Consent warnings. These warnings must be read in substantial compliance with the statute. In 1997, We worked on three appeals to the Georgia Court of Appeals that required the officer to read the warning word for word. Unfortunately, many officers were unable to read the card properly. The Legislature changed the law with what we call the "Police officer's literacy act." The law was changed to help those officers that have a difficult time reading the card. There are three different warnings, and the officer must read the correct warning. This warning gives people the option of either taking a State test or refusing the test. The officer chooses the test. The officer also must advise a person that they have the right to an independent chemical test of their own choosing. Sometimes, an officer is not willing to give a person their independent test. This may be grounds for the exclusion of the State test. People do not have the right to have an attorney present at this point in time.

Generally, the final part of the case is the State administered test or lack of a test. If a test is given, the State must prove that the test was done properly and on a machine that was working properly.

What will we do to help you? [top]

We will make sure that the State can prove all of the above. We are entitled to all reports that are favorable to your defense. We are entitled to all witnesses who may testify against you. We are also able in many cases to review a videotape prior to going to court. Legally, we are not entitled to a copy of the videotape. However, most prosecutors will allow us and our clients to watch the videotape before we ever set foot in the court room. These tapes are very helpful in the defense of a case. In addition, they may also be the worst enemy of a person in a case. One case we had was fantastic, our client appeared perfectly sober until he was placed in handcuffs. The officer let the video and audio run and our client just began uttering ridiculous statements. He told the officer he was too drunk to drive. He told the officer that he had been drinking all day but stopped so he could sober up and the officer should cut him a break. When the officer did not stop the car and let my client out, he began to berate the officer with horrible profanity. Needless to say, our client did not remember any of the bad things, however the tape did not lie.

As your attorney, we are entitled to contest certain aspects of the case prior to a trial. We can use motions to suppress evidence that has been gathered illegally. In some cases, a granting of a motion or the presentation of a motion to the State will cause them to reduce the charges. We will do whatever we can to win the case before we go to trial. In the event that a trial is mandated, we can bring in expert witnesses to contest the field tests or chemical tests. However, we guarantee that if you walk into court and plead guilty there is a 100% chance that you will be found guilty. Please call us to talk about your case or click here. The consultation is FREE.

Remember if you took a test and blew above .02, .04, or .08 or you refused the test, you must call us as soon as possible so that your privilege to drive is not taken away before we ever set foot in the courtroom.

ADMINISTRATIVE LICENSE SUSPENSION [top]
In Georgia your Driver's License can be suspended before your criminal case is resolved. It is possible to suffer a suspension of your license and then be found not guilty at trial. There are two ways to have your license suspended before you are convicted of DUI.

If you refuse to take the requested State administered chemical test, or if you take the test and the result is a "per se" violation. Per Se is the level that the Legislature set that can mean guilty of DUI regardless of other factors. Simply the illegal act is having that specified amount of alcohol in your body. These levels are 0.08 grams% or more if arrested after July 1, 2001 and you are age 21 or over, 0.02 if you are under 21, and 0.04 if you were operating a commercial vehicle. (If arrested before July 1, 2001 and you are age 21 or over, the legal level is 0.10 grams% or more.)

Following the arrest and test or refusal, the officer is required by law to submit a sworn report to the Department of Public Safety to initiate an administrative license suspension hearing. This report is known as a DPS form 1205. The entire process is separate from any criminal hearing. The Administrative hearing is conducted by the Office of State Administrative Hearings (OSAH) . They are a totally separate agency set up by the Executive Branch of government to hear all kinds of issues. Some issues include workers compensation cases, health care issues, and even barber shop licensing!