DUI Charges in Georgia: What You Need To Know

A large percentage of my practice is devoted to the field of DUI defense. This is an especially complicated and changing area of the law that takes years of practice to master. I, William Healen III, am a member of the Georgia D.O.D.D. (Defenders of Drinking Drivers) group. This group consists of a handful of the most experienced DUI lawyers in Georgia. Their members hold regular meetings and use digital communication platforms to share information and ideas. Thus, D.O.D.D. members are always ready to use cutting-edge strategies and defenses in DUI cases.

I have tried numerous DUI cases in front of juries. I regularly use expert testimony to discredit field sobriety testing as well as breath and blood test results. Through the use of expert witnesses, I have had many jury acquittals in cases where a test indicated that his client was over the legal limit. My strategies in DUI cases are often new and innovative. There are multiple reported decisions in the Georgia Supreme Court and Court of Appeals addressing arguments by me that had never been made by another attorney. In two cases, King v. State and Cooper v. State, the Georgia Supreme Court declared Georgia laws unconstitutional after I had challenged these laws.

Useful Information If You Have Been Arrested

Thirty-day letter: The law has changed, and you now have 30 days instead of 10 from the date of your arrest to address a potential driver’s license suspension. If you have been arrested for DUI and either refused blood, breath or urine testing or submitted to testing and tested above the limit, your license can be administratively suspended even before you are convicted of DUI. To challenge this suspension, you must submit a letter to the Georgia Department of Driver Services within 30 calendar days of arrest. As of 2010, the state of Georgia has charged a $150 fee for filing these letters. I, William Healen III, will give you one of these letters for free if you come in for a free consultation. (You will still have to send the filing fee with the letter.) At this consultation, I will discuss your case and review incident reports, breath test printouts, and any other information that you bring to give you an idea of your chances of contesting your charge.

Ignition interlock device: If you are facing an administrative suspension for refusing testing or testing above the limit, you now have the option of obtaining a limited permit by agreeing to have an ignition interlock device installed on your vehicle instead of sending the 30-day letter. You must make this election within 30 days of arrest. This option does not make sense for everyone, and you should consult with an attorney immediately after your DUI arrest to make sure you are aware of all the risks and benefits.

Chemical testing: Georgia law enforcement has recently changed from the Intoxilyzer 5000 breath machine to the Intoxilyzer 9000. All breath testing right now is subject to challenge, as the law is constantly changing due to appellate court decisions. In February 2019, the Georgia Supreme Court decided Elliott v. State, which held that the refusal to take a breath test cannot be admitted into evidence in a DUI trial. This decision will have a far-reaching impact, leading to arguments that Georgia’s implied consent warning is misleading and therefore blood, breath and urine tests are also inadmissible. Thus, there are many avenues to attack breath tests in particular but also possibly blood and urine tests. If your test result was fairly close to the legal limit, your case is generally defendable simply because the machine is subject to a margin of error. Furthermore, there are often mistakes made by the officer administering the test, which can be used to discredit the machine. Other times, the breath machine just doesn’t work properly. The fact that you have tested above the limit does not mean that you will automatically be convicted of DUI if your lawyer knows how to challenge the breath machine or blood and urine testing.

What Is The Difference Between A Misdemeanor And A Felony DUI?

When facing DUI charges in Georgia, it is crucial to understand the key differences between a misdemeanor and a felony. A misdemeanor DUI is usually what first-time offenders face. It is less severe but still carries serious consequences. These include fines, probation, mandatory alcohol education, community service and a suspended license. You might even face jail time, though it is typically shorter than in a felony case.

A felony DUI, on the other hand, is much more serious. It often comes into play if you have multiple DUI convictions within a certain time frame or if your DUI resulted in a serious accident. These cases also come with harsher punishments, including hefty fines, longer prison sentences, extended probation and long-term license revocation.

What Happens If I Am An Out-Of-State Driver Arrested For DUI/DWI In North Georgia?

Since the 1980s, Georgia has been part of the Non-Resident Driver Compact, along with the majority of U.S. states except for Wisconsin and Michigan. This means that if a court finds you guilty of DUI/DWI here, you will face penalties both in Georgia and your home state. As part of the legal proceedings, you will receive a court date, which you must address, even if you have returned home. It is crucial not to ignore the charge once you leave Georgia, as this could lead to serious consequences.

Are There Alternative Diversion Options Available For DUI/DWI Offenses?

While Georgia has strict DUI laws, there are some alternatives available, especially for first-time offenders. These include the pretrial diversion program. If you are eligible, the court may require you to attend DUI education classes, complete community service and possibly undergo drug and alcohol testing. If you complete all the program requirements successfully, there is a chance your DUI charges could be dismissed, helping you avoid a conviction on your record.

I Am Ready To Listen; Call Today

There are many DUI attorneys; however, I am highly experienced in this area of law. Healan Law Offices, P.C., provides services across northern Georgia. Fill out my contact form or call my office at 678-661-3318 today.