If you are facing your first offense DUI in Georgia, you need skilled legal representation to protect your rights. Many people make the mistake of simply pleading guilty to these charges without understanding the full extent of consequences they will be facing, including loss of driving privileges, jail time, expensive fines, and higher insurance rates, among others. Even if this is your first offense, you can face these life-changing consequences, so it’s important to understand the laws and the possible penalties involved with a conviction.

An experienced criminal defense lawyer from Crawford and Boyle, LLC can take decisive action in your case and protect your rights. Many people don’t realize that they have viable defenses that they can raise, but our trained attorneys do. Contact us today for a confidential case review.

How a DUI Defense Lawyer Can Help After a DUI Arrest

Seeing those flashing blue lights and being arrested for DUI in the state of Georgia can be a terrifying experience. The rules are often confusing for many people, as dual cases can be going on simultaneously – the criminal case and an administrative case that deals strictly with your driver’s license status.

The experienced DUI defense attorneys from Crawford and Boyle, LLC can help with your case by:

  • Explaining your legal rights and Georgia law during a confidential consultation
  • Conducting an independent investigation into the case to get a full understanding of the circumstances, not just law enforcement’s version of it
  • Requesting dashcam or bodycam footage that might help support your version of events
  • Finding witnesses who can corroborate your story
  • Working with expert witnesses as necessary,
  • Investigating whether any constitutional violations infringed upon your rights
  • Filing legal motions to have the criminal charges against you dismissed or illegally-obtained evidence suppressed
  • Exploring options for pleading your case down to reckless driving or another lesser offense to shield you from the harsh consequences of a DUI conviction

Contact our law office today to learn more about our legal services and how we can help you.

Basics of a DUI Charge

DUI means driving under the influence, which can refer to alcohol, drugs, or a combination of both.

Georgia recognizes two forms of DUI. The first is the more traditional method that most states use, in that if a person is found to have a blood alcohol concentration (BAC) above the legal limit, they can be arrested for DUI. The legal limit in Georgia is 0.08%. This is called DUI per se. Even if you can show that you were not impaired, the law presumes you were based on the BAC reading alone.

The second form of DUI is referred to as “DUI Less Safe.” Under Georgia law, it is illegal to drive a vehicle or be under actual physical control of a moving vehicle when the person is under the influence of alcohol to the extent that it is less safe for the person to drive. Here, even if you can show your BAC was below the legal limit, you can still be arrested for DUI. And, you can be convicted if the prosecution can show that alcohol impairment threatened the safety of others around you.

Why Was I Arrested for DUI?

Many people find themselves arrested for DUI because they were pulled over for a separate traffic offense. Even if you were drinking, the police must have a reasonable suspicion that you committed a crime or a traffic offense. They just can’t pull you over for no reason.

For example, police may have noticed your vehicle drifting from one lane to another. Or, you could have been driving too fast or too slow for the area. Police could suspect you were drinking, based on your driving behavior, or they could have pulled you over for another offense and then noticed signs of impairment when interacting with you.

Another way people commonly get arrested is by being stopped at a so-called sobriety checkpoint, where they are randomly pulled over for observation.

Even if you were arrested for DUI, this does not necessarily mean that the underlying arrest was valid. An experienced lawyer can review the entirety of the situation to determine if any of your rights were violated, that allow you to fight the charges against you.

Potential Consequences for a First-Time DUI

One of the reasons why you should consider hiring a good lawyer is that serious charges can result in serious consequences. Even first-time offenses can result in severe consequences that affect your life, including the following:

  • Criminal record: First DUI offenses in Georgia are classified as misdemeanors. As such, a conviction can mean a permanent criminal record that follows you around for the rest of your life and impacts your career opportunities, housing, educational prospects, and other future events.
  • Incarceration: A misdemeanor offense can result in a jail term of up to one year.
  • Fines: In Georgia, you can face fines from $300 to $1,000, plus local court costs.
  • License suspension and reinstatement: Your driver’s license can be suspended for up to one year. To reinstate it, you would need to pay a $210 license reinstatement fee.
  • Community service: There is a minimum mandatory term of 40 hours of community service.
  • Additional penalties: You could also be sentenced to up to 12 months’ probation and be required to complete a DUI Alcohol or Drug Use Risk Reduction Program. Additionally, your insurance rates could substantially increase due to a DUI conviction.  

Quality legal representation may help reduce fines, prevent jail time, and protect driving privileges. When your freedom, career, and future opportunities are at stake, you need a lawyer whom you trust to help you avoid these penalties.

Collateral Consequences of a DUI Conviction

Unfortunately, the possible negative consequences of a DUI conviction do not stop with the criminal court. A criminal conviction can adversely affect your life in various ways. You could lose your driver’s license, which can make it difficult for you to work, pick up your children from school, go to doctor’s appointments, or have a social life.

You might have to install an ignition interlock device in your car to restore some of your driving privileges, but this option comes with additional drawbacks and hassles. For example, you are responsible for paying for the installation and maintenance. And if the device finds that you have alcohol (even if this is a misreading), your driving privileges could be in jeopardy again, and the vehicle won’t start.

A DUI conviction could imply that you are a risk, so you may find difficulty obtaining employment in certain fields, such as government or education. Your professional license or security clearance could also be in jeopardy, which could affect your current career.

You may not be accepted into an educational program or be able to secure a loan or a scholarship to pay for school.

Your relationship with your children could even be impacted if the matter is brought up in a custody hearing.

Insurance premiums can increase dramatically for years to come, creating a further drain on your finances.

All of these possibilities are good reasons to fight DUI charges and hire an experienced attorney.

Possible Defenses to DUI

At Crawford and Boyle, LLC, we prepare personalized legal strategies that are tailored to each case. You may have various defenses that we may be able to raise in your case to shield you from the harshest consequences of a conviction, such as:

  • The underlying stop was unconstitutional.
  • The police searched your vehicle without your consent or probable cause.
  • The blood, breath, or urine test was taken too long after the arrest, so it was not reliable.
  • The breathalyzer machine was not properly calibrated.
  • You had a rising BAC, which caused the breath machine to show your BAC level was higher when the police took the test than when they stopped you.
  • You suffer from a medical condition that impacted your ability to perform field sobriety tests correctly.
  • You were not actually less safe due to drinking.

How Much Does a DUI Lawyer Cost

Georgia’s Rules of Professional Conduct allow attorneys to set their own rates, as long as they are not considered “unreasonable.” These rules state that the following factors are considered when determining the reasonableness of a fee:

  • The time and labor required
  • The novelty and difficulty of the questions involved
  • The skill required to perform the legal services properly
  • The likelihood that accepting the case will prevent the lawyer from taking on others
  • The fee usually charged in the area for similar legal services
  • The time limitations imposed by the client or by the circumstances
  • The nature and length of the professional relationship with the client
  • The lawyer’s experience, reputation, and ability

Because these factors can vary tremendously, so can attorney fees.

In addition to the specific factors outlined in the Rules of Professional Conduct, other factors that may specifically affect DUI cases include the following:

  • The circumstances of your arrest: The way you were arrested can impact how much your attorney charges. This could be because there exist issues that may provide legal grounds to move for an early dismissal of the charges, or complex constitutional issues could be involved that require additional research and time.
  • The complexity of the case: The complexity of the case and how it is resolved may be a primary factor in the cost of the case. For example, if you only need a lawyer to help secure a favorable plea deal for you, this could be cheaper than if you need extended legal representation.
  • High BAC level: A higher BAC can result in more serious charges and criminal penalties. Cases involving higher BACs may require the need for blood test challenges, deeper investigations, and expert witnesses, all of which increase the costs of legal representation.
  • Accident involvement: Cases involving accidents can result in more serious charges and may require a more aggressive defense.  
  • Prior DUIs: It is sometimes difficult to overcome the bias that comes with a prior criminal history, and the potential consequences are more significant. Therefore, criminal cases involving prior convictions can be more costly than first-time offenses.
  • The jurisdiction: The jurisdiction where you are charged can also affect your attorney rate, as some forums are more difficult to work in than others.
  • Whether the case goes to trial: If extensive motion filing or trial preparation is involved, the case can be much more expensive since the lawyer will need to invest more time. Additionally, attorneys with strong trial records can charge more due to their good reputation.

The best way to learn about the potential attorney fees in your specific case is to schedule a confidential consultation with an experienced DUI attorney.

Contact Us for Legal Assistance and Representation

If you were recently arrested for a first-offense DUI in Georgia, contact Crawford and Boyle, LLC for a confidential case review.