DUI LAWYER IN CANTON, GA
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DUI LAWYER IN CANTON, GA
Fighting For Your Legal Rights
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Being arrested for driving under the influence of alcohol in Canton, Cherokee County, or elsewhere in the North Metro-Atlanta area can be a terrifying experience. But trying to defend yourself is even more frightening if you do not have a DUI lawyer in Canton, GA by your side.
Drunk driving in Georgia can result in jail time for all DUI convictions, license suspension, restriction of driving privileges, fines, and a long-lasting negative impact on your career.
After a DUI arrest, you probably have many questions about penalties, possible defenses, and the legal process as a whole. Luckily, our Cherokee county criminal defense lawyer at The Law Offices of Jeffrey S. Williams, representing clients in Canton, Woodstock, Holly Springs, and Marietta, GA, can help you find the right path in your DUI case and determine the best DUI defense strategy.
Do You Have to Submit to Sobriety Testing in Georgia?
Georgia, like many other states, has what is known as the law of “implied consent.” Under the law, by virtue of having a driver’s license and driving on Georgia roads, you have already agreed in advance to chemical testing.
Therefore, if you have been arrested on suspicion of driving under the influence, the law makes it mandatory to take a breath, blood, or urine test to detect the presence of alcohol or controlled substances in your body.
However, law enforcement cannot force a driver in Georgia to submit to sobriety testing before the arrest. Unless you were arrested for DUI, submitting to roadside sobriety testing is voluntary. In fact, Georgia DUI law requires a motorist to take the sobriety test only if the arresting officer reads the Implied Consent notice to him or her.
In some cases, only an experienced DUI attorney in Canton, GA can determine whether a motorist had the right to refuse a field sobriety test or chemical test.
Can the Police Arrest You for DUI if They Did Not See You Driving a Vehicle?
In Georgia, the police can arrest a driver for a DUI offense even if they did not witness him or her driving a motor vehicle. Georgia law allows police officers to consider all factors to make reasonable assumptions in DUI cases.
In other words, the police can reasonably assume that you were recently in control of a motor vehicle even if they did not see you behind the wheel. For example, if law enforcement arrives at the scene of a car accident and they see you receiving medical attention, they can make a reasonable assumption that you drove one of the vehicles involved in the crash to arrest you for DUI.
Can You Go to Jail for a DUI in Georgia?
The short answer is yes. Georgia’s DUI laws are among the toughest in the country. Georgia law requires jail time for all convictions, even when a driver is facing DUI charges for the first time.
Incarceration is not the only penalty associated with DUI convictions in our state. The severity of penalties depends on the number of prior convictions within the past ten years (see chart below).
The harsh DUI penalties in Georgia make legal representation essential. Depending on the nature of your drunk driving case, a DUI lawyer in Canton, GA may be able to argue a shorter sentence or convince the prosecutor to drop the charges.
Will Your Driver’s License Be Suspended for Drunk Driving in GA?
Your driver’s license can be suspended following a DUI arrest in Georgia. The severity of the driver’s license penalties depends on:
- the number of prior DUI convictions;
- whether you unlawfully refused field sobriety or chemical test;
- your age; and
- blood alcohol concentration (BAC) at the time of the arrest.
Here is how long your driver’s license can be suspended after a DUI in Georgia:
- First Offense. A DUI conviction or your refusal to take a sobriety test can result in a 12-month suspension of your driver’s license. Motorists under 21 or with a BAC of less than 0.08% get a 6-month suspension.
- Second Offense. You can face a 3-year suspension for being charged with a DUI or refusing a field sobriety test or chemical testing. Drivers under 21 or with a BAC under 0.08% are facing an 18-month suspension.
- Third Offense. Following a DUI conviction, your driver’s license can be permanently revoked. The same goes for motorists under 21 or driving with a BAC of less than 0.08%. Refusing field sobriety tests can result in a 5-year suspension.
If your driver’s license has been suspended or revoked, you may be eligible for early reinstatement. You could get your driver’s license reinstated by completing a special DUI education program but only as long as you served a minimum suspension.
How to Challenge Evidence Against You in a DUI Case?
When there is evidence against you, it may seem that you cannot do anything to avoid jail. It is true that Georgia enforces strict DUI laws. Our state is quite ruthless when it comes to prosecuting and penalizing intoxicated and impaired motorists.
However, that does not mean that a motorist has no options to defend himself or herself against DUI charges and challenge the prosecutor’s evidence.
A skilled DUI defense attorney can investigate all aspects of your arrest. Your attorney can ensure that law enforcement protocols and your rights were not violated during the arrest.
Your defense lawyer might be able to challenge the following types of evidence presented against you in your DUI case:
- Driving patterns that indicate alcohol impairment;
- Your behavior that points to signs of intoxication;
- Field sobriety tests;
- Your pre- and post-arrest statements when speaking to police officers; and
- Chemical testing (blood, breath, and urine tests).
Do You Need a DUI Attorney in Canton, GA to Defend Yourself?
Defending yourself against DUI charges is a life-altering event that could destroy your career and reputation, as well as have long-term devastating consequences such as imprisonment and unbearable fines.
Do not risk your freedom by handling your DUI case on your own after an arrest in Canton, Marietta, Holly Springs, or Woodstock, GA. Our criminal defense attorney in Canton, GA can protect your legal rights.
Contact our legal professionals at The Law Offices of Jeffrey S. Williams to determine the best strategy to fight your DUI charges and bring your normal, stress-free life back.