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Atlanta DUI lawyers understand how Atlanta courts operate, making a good criminal defense attorney even more crucial for your case.
Be it tourism or business travel, being charged with DUI can be both distressing and worrying – particularly if it means flying home afterward with your arrest on record.
1. Beware of Unethical Lawyers
An Georgia DUI conviction can cost you everything from license suspension and substantial fines, jail time and probation – it is therefore vital that you hire an experienced criminal attorney with the knowledge and technical know-how needed to mount the best possible defense for your case.
An Atlanta DUI attorney familiar with Georgia DUI laws should know how to recognize any procedural mistakes during your arrest – for instance, failure of police to read you the implied consent notice or incorrect field sobriety test instructions – as well as how to request hearings with Department of Driver Services against their decision to administratively suspend your driver’s license by opposing administrative suspension proceedings against it. Although other lawyers might overlook this aspect of your case, one who specializes in DUI will ensure this aspect does not go overlooked and gives you the best chance possible of having all charges dismissed or reduced.
2. Do Not Plead Guilty at Your First Court Appearance
At your initial court appearance, the judge will ask you to enter a plea. You can either admit guilt by answering in the affirmative (“guilty”), or deny guilt by responding with “not guilty”. If you choose the latter option, the prosecutor may decide not to pursue their charges at all and drop them entirely, or downgrade them from indictable crimes (equivalent to felonies) to disorderly person offenses (equivalent to misdemeanors), with less severe penalties attached.
At your initial court appearance, the judge reviews your arrest affidavit and ensures you understand your legal rights – such as your right to remain silent – as well as bond and release conditions, such as whether or not to keep you in custody. At this hearing you may also request a jury trial; should this happen, your case will be transferred to Fulton County State Court where processes move much slower. Deciding whether or not to plead guilty at first appearance can be very consequential; seek the advice of an experienced attorney before making this important decision.
3. Do Not Wait to Hire an Attorney
Even if this is your first offense, a DUI conviction can irreparably damage both your personal and professional lives. Increased insurance rates, employment difficulties and the associated social stigma will all become part of life after conviction.
Your first step should be finding an experienced criminal defense lawyer for your DUI case. Someone familiar with local court procedures as well as DUI laws will provide an effective defense.
An Atlanta DUI attorney who understands your case will use suppression motions and legal pleadings to contest evidence in it. An experienced lawyer might question the accuracy of a breath or blood test by citing improper calibration, short observation periods and other potential sources that might skew results; they might also examine medical evidence which mimics intoxication effects and provide proof that contradicts an officer’s subjective observations of your behavior.
4. Do Not Confuse Your Criminal Case with Your Department of Driver Services Case
If you have been charged with DUI in Georgia, within 30 days of arrest you must file a Request for Hearing with DDS, otherwise your license will automatically be suspended. This administrative case stands separate from your criminal proceeding before state court.
Your Atlanta DUI lawyer will file and argue all necessary motions on your behalf at hearings, representing all parties involved in any possible court proceedings pertaining to DUI in Georgia. Should you be found guilty, their assistance in getting back your driver’s license can also help – as will procuring an ignition interlock device if applicable.
Choose an experienced DUI attorney when handling your DUI case. Attempting to manage it alone could result in missing key filing deadlines that have an enormous effect on the outcome of the proceedings, such as being denied the chance to challenge any searches conducted on your vehicle or home; challenging such searches is one of the best defenses for having drug charges dropped altogether.
