CRIMINAL DEFENSE
Driving Under the Influence (DUI)
Being arrested or accused of Driving while Under the Influence (DUI) is a scary thing and is a serious charge. You will need a DUI Attorney who knows the Laws of your state to help. One of our Atlanta-Based DUI Lawyers may be able to help you get a reduced or dropped charge. DUI arrests in Georgia may be common, but the cost of a DUI is often severe. It can affect your life for years to come, which is why it is crucial to have an excellent and honest DUI Criminal Defense Attorney representing you. Call us today and schedule a consultation!
CONTACT POTRA LAW FIRM IF YOU NEED CRIMINAL DEFENSE REPRESENTATION
Which is worse DUI or DWI?
Driving Under the Influence is abbreviated as “DUI” in Georgia. Other states call their Driving Under the Influence offenses different names, such as “Driving While Intoxicated” (DWI). The penalties for Driving Under the Influence vary by state. Please consult a local criminal defense attorney for questions about Driving Under the Influence charges outside of the state of Georgia.
Is DUI the same as DWI?
These are different names for driving while under the influence of alcohol or drugs which may vary by state. The evidence needed to convict, and the criminal penalties may also vary by state. Please consult with a local criminal defense attorney for questions about DUIs outside the state of Georgia.
How long do you have to sit in jail for a DUI?
Georgia law calls for a maximum of 12 months in jail for Driving Under the Influence and a minimum of 24 hours in jail for a 1st offense. Please consult with an attorney about the exact penalties that you may face in your case.
What should you do if you get pulled over for a DUI?
When you are pulled over and investigated for DUI, the officer will ask you questions and ask you for consent to various tests, including field sobriety evaluations, blood tests, and breath tests. The purpose of these questions and tests is to build a case against you for DUI. You will not be able to talk your way out of arrest. You should not answer a police officer’s questions or consent to any tests without the presence of an attorney.
Can I refuse a DUI test?
YES. Refusal to consent to a blood or breath test may result in the suspension of your driver’s license. This administrative suspension of your driver’s license must be appealed within 30 days. An ignition interlock limited permit may also be available. Please consult with a criminal attorney immediately after your arrest to preserve your right to drive.
What happens if you fail a field sobriety test?
Contrary to popular belief, field sobriety tests cannot be “passed” or “failed.” The purpose of field sobriety evaluations is only to build evidence against you for later prosecution for Driving Under the Influence. You should NEVER consent to field sobriety evaluation without the presence of an attorney.
Can you be charged with a DUI without being tested?
YES. You may also be charged with DUI if a peace officer determines that you have been in operation of a motor vehicle while you under the influence of alcohol or other substances which made you “less safe” than a sober driver.
Can you get a DUI while parked?
Georgia law requires that motor be “in actual physical control” of a motor vehicle while intoxicated to be charged with DUI. It may be a defense that you were not “in actual physical control” of your vehicle while it was parked. However, this defense is extremely fact specific. You should consult with a criminal defense attorney to discuss this possible defense.
Can you get a DUI for sleeping in your car drunk?
Georgia law requires that a motorist be in “actual physical control” of a vehicle while intoxicated to be charged with DUI. You may have a defense that you were not in “actual physical control” of your vehicle because you were asleep. However, this defense is extremely fact-specific. You should consult with an experienced criminal defense attorney to explore this possible defense.
Can you get a DUI while on private property?
Georgia prohibits Driving Under the Influence while on a “public” road. It may be a defense to a DUI charge that you were not a public roadway. However, the question of whether a road is considered public or private is extremely fact specific. You should consult with an experienced criminal defense attorney to explore this possible defense.
Frequently Asked Questions
Can a DUI case be dismissed?
Yes, prosecutors have the authority to dismiss any criminal case which is not supported by sufficient evidence. An experienced attorney can discuss the flaws in the evidence against you to encourage prosecutors to dismiss your case.
Can you beat a DUI without a lawyer?
Driving Under the Influence can be a highly technical offense. An attorney will be able to explore possible defenses in your case to maximize your chances of a successful outcome. Too much is at stake to go it alone! Please retain an attorney at the first possible moment!
Do first time DUI offenders go to jail?
Yes, Georgia law requires first time DUI offenders to serve a minimum of 24 hours in jail.
Will a DUI prevent me from getting a job?
YES. Employers will be able to see a DUI conviction on a criminal background check. Further, a DUI may suspend your driver’s license, including a commercial driver’s license. Commercial driving opportunities in particular may be affected by a DUI conviction.
Can DUI charges be dropped after arraignment?
Yes, DUI charges may be dropped at any point before trial.
What happens if you plead not guilty at a DUI arraignment?
If you plead not guilty to a DUI offense, your case will be set for trial. You will be called in for a trial at a later court date. Please note that this may involve several additional court dates.
Should I plead not guilty to DUI?
An experienced DUI attorney will be able to advise you about what legal strategy you should pursue in your case. Call us today!
Let one of our Atlanta criminal defense attorneys evaluate your case today.
If you or someone you know is arrested and in need of a DUI lawyer, we can help answer any questions you may have. Facing DUI charges are serious and can affect your life for years to come. Potra Law Firm’s experienced and compassionate criminal defense attorneys can help you.
