A Gwinnett County DUI Lawyer Handling All Types of DUI Offenses

Like every other state, Georgia prohibits the operation of a motor vehicle while under the influence of alcohol and drugs. The police aggressively charge people with DUIs even if they don’t have substantial evidence, putting your license and reputation at risk. If convicted, you face considerable penalties and fines as well as the possibility of jail time. Police and prosecutors are relentless, but don’t let them convince you that you’re guilty. Instead, contact a Gwinnett County DUI lawyer who knows the law and how to get a fair result.

The Basics of DUI Charges in Georgia

Under Georgia law, you can be charged with driving under the influence of alcohol or drugs in any of three situations:

You have a blood alcohol content (BAC) of .08% or greater
You have any amount of marijuana or illegal drugs in your system
The arresting officer has probable cause to believe you are impaired by any amount of alcohol or drugs (including legal prescriptions) and that you are a “less safe” driver because of it

Prosecutors will want you to believe your case is open and shut, but this rarely happens. For example, breathalyzer devices and blood tests can be administered improperly or, in some instances, return inaccurate results. Also, the officer may have been mistaken in believing you were under the influence. Fortunately, you can require the prosecution to prove its case. A Gwinnett County DUI lawyer can evaluate the evidence and formulate an effective defense strategy.

An Experienced Gwinnett County DUI Lawyer Helping First-Time Offenders

For many people, a DUI charge may be the first time they have been in court. It’s important to understand that even if this is your first DUI offense, the consequences can still be severe. If convicted, you could face the following penalties:

Minimum of 24 hours to 10 days in jail
12 months of probation
Fines of $300 up to $1,000

In addition to jail time, probation, and fines, you will likely be ordered to attend mandatory drug or alcohol counseling and treatment and to perform at least 40 hours of community service. Most people can’t afford any time in jail or hundreds of dollars in fines, and getting the time off for work for community service or counseling can be challenging. If this is your first offense, a Gwinnett County DUI lawyer can provide the best opportunity to avoid the harsh consequences of a DUI.

Second and Third DUI Offenses in Georgia

If this is your second or third offense, you are subject to increasingly severe penalties if convicted. The penalties for a second DUI conviction include the following:

Minimum of three to 90 days in jail
Fines of $600 up to $1,000
Minimum of 30 days of community service

A conviction for a third DUI offense could include the following:

Minimum of 15 to 120 days in jail
Fines of $1,000 up to $5,000
Minimum of 30 days of community service

If you have previously been convicted of a DUI, it is essential to remember you still deserve your day in court and fair dealing from the prosecution. You need an experienced Gwinnett County DUI lawyer who knows how to challenge the prosecution’s case and protect your rights.

Felony DUI Charges in Georgia

While most DUI charges are misdemeanor offenses, you can be charged with felony DUI in Georgia. A DUI will be charged as a felony in the following situations:

You have three or more DUI convictions within the last 10 years
You caused an accident that resulted in serious injury or death
You attempted to flee from the officer while suspected of DUI

A felony DUI charge is severe and carries severe consequences. If convicted, you could be at risk of the following:

Minimum of one to five years in prison
Fines from $1,000 up to $5,000
60 days of community service

Upon conviction, you will also be forced to surrender your license plates, and your driver’s license will be suspended for 10 years. In addition, a felony DUI conviction can do incredible damage to your reputation, as you will carry the stigma of being a convicted felon for years after serving your punishment.

While the stakes are high, there is still hope if you are up against a felony DUI charge. The prosecution still has to prove its case against you and might be over-relying on your prior record or other factors in your case. A Gwinnett County DUI lawyer can evaluate your case and identify potential weaknesses.

DUI Charges and License Suspensions in Georgia

One of the most severe consequences of a DUI charge is what can happen to your driving privileges. Even if this is your first DUI, your license is at risk before you are convicted.

Upon being charged with DUI, your license could be subject to an administrative suspension by the Department of Driver Services. When this happens, you have two options:

You can request a hearing to challenge the suspension of your license. You must make this request in writing within 30 days of your arrest.
You can apply for an ignition interlock device.

If you do nothing, your license will be suspended before your DUI case is concluded. Each of the options above carries significant ramifications, so we strongly urge you to discuss your case with a Gwinnett County DUI lawyer before it’s too late.

The administrative suspension is a separate proceeding from your DUI prosecution. Upon conviction, you could receive the following potential suspensions:

First offense: 12-month suspension that may be reinstated after 120 days upon completion of a DUI education course and payment of a $200 reinstatement fee
Second offense: Three-year suspension that may be reinstated after 18 months, and a requirement of an ignition interlock device
Third offense: Your license will be suspended for a minimum of five years, but you may apply for a limited permit after three years
DUI involving injury or death: Three-year suspension with no eligibility for early reinstatement or a hardship license

A Gwinnett County DUI lawyer can help you navigate the complex process of protecting your license or getting it reinstated. First, however, you must act now before it’s too late.

Mistakes to Avoid After a DUI Arrest

There are a number of significant risks that come with a DUI case, but they only become a reality if you are convicted. You have the right to fight these charges, but certain mistakes can upend your case and result in a conviction that could have otherwise been avoided. The following errors are best avoided by relying on the guidance of a skilled attorney.

Admitting Guilt

One of the biggest mistakes is admitting guilt to law enforcement. Whether you are speaking with the police after your arrest or representing yourself in court without the help of an attorney, anything incriminating that you say could devastate your chances of a successful defense.

Failing To Request an Administrative License Hearing

After a DUI arrest in Georgia, you have only 30 days to request a hearing to contest the suspension of your driver’s license. Missing this deadline can lead to an automatic suspension, regardless of what happens in your criminal case. A defense lawyer can help you file this request on time.

Posting Details on Social Media

Avoid discussing your arrest on social media. Posts, comments, or photos can be misinterpreted or used by prosecutors to undermine your credibility. It’s best to remain silent publicly and let your attorney handle communications.

Delaying Hiring a Lawyer

Waiting too long to hire legal representation can hurt your defense. Evidence can disappear, deadlines can be missed, and your ability to challenge the arrest can weaken. An experienced DUI lawyer can step in quickly to protect your rights and begin building a strategy.

Defenses in DUI Cases

While every DUI case is unique, there are two common strategies that attorneys frequently raise. Our firm has successfully challenged the legality of the traffic stop and disputed the accuracy of chemical test results. Let attorney Gabe Winters review the facts in your case before determining the best possible defense strategy available to you.

Challenging the Stop

One of the strongest possible defense options in a DUI case involves challenging the legality of your police stop. Law enforcement cannot pull you over without a reason. If they do not have a reasonable suspicion that you have committed a traffic violation or other offense, they do not have the right to make a traffic stop.

Any evidence collected following an illegal traffic stop could be barred from trial. This could include a wide range of evidence, from admissions of drinking to failed field sobriety tests.

Challenging the Test

Most of the time, the state’s DUI case is built on the strength of a blood, breath, or urine test. If the government can show that your blood alcohol concentration was .08 or above while driving, they could have enough evidence to secure a conviction.

The good news is that there are ways to keep these test results out of court. If your sample was improperly collected, stored, or transported, your attorney may be able to exclude the results from the trial.

Call Gwinnett County DUI lawyer Gabe Winters Today

DUI cases are prosecuted aggressively and to the fullest extent of the law. Therefore, you need an experienced Gwinnett County DUI lawyer who can help you get a fair result. To discuss your case and your options, call or email us today to schedule a free consultation.

Frequently Asked Questions

What is the 30-Day Rule, and what do I need to do to save my driver’s license?

In Georgia, you have only 30 days after a DUI arrest to request an Administrative License Suspension (ALS) hearing. If you fail to request a hearing within that window of time, the state will automatically suspend your driving privileges.

Should I refuse a field sobriety test?

Refusing a roadside field sobriety test is legal, but it can carry risks. Refusing may lead to automatic license suspension under Georgia’s implied consent law and can be used as evidence of guilt. However, these tests are often unreliable, and refusing them may prevent damaging evidence from entering your case. Always consult a lawyer afterward.

What are the common defenses in a DUI case?

Common defenses include challenging the legality of the traffic stop, disputing the accuracy or administration of breath and blood tests, questioning the validity of field sobriety results, and arguing a lack of impairment. Your attorney may also seek to exclude improperly obtained evidence or negotiate a reduction or dismissal of charges.

Can I win a DUI case if I refused to submit to a breath test?

You are required by law to provide a breath test following a DUI arrest, and the failure to do so could lead to additional charges. That said, refusing to provide a sample does not mean winning your DUI case is impossible. In fact, the state can struggle to prove that you were impaired at the time you were pulled over with these test results.