Reading this post is a good start. Knowledge is power. You also want to speak to a couple attorneys. There are plenty of attorneys who will take your DUI case, but only a handful actually understand the nuances of DUI law as opposed to other crimes and certainly other areas of law. Contact us as soon as possible to get a full case evaluation. I will give a realistic range of outcomes and discuss what to do about the pending license suspension which requires action within the first 30 days.
You have two options to potentially save your license. The first option is to file an appeal with the Department of Driver Services which would place your case on the docket for an administrative hearing. This will result in a separate hearing apart from the criminal proceedings. I always encourage people to decide who their attorney is going to be for the criminal case so the same attorney can handle the administrative hearing. The administrative hearing is handled free of charge if you retain me for the criminal case. The second option is to install an ignition interlock device (IID) on your vehicle and accept the terms of a limited driving permit for 12 months. The decision about which option to take will depend on the facts of your case along with your risk tolerance. The IID option guarantees you will not lose the ability to drive for basic functions of everyday life, but it is also more expensive and cumbersome. You must decide which route to take within 30 days of your arrest so contact us as soon as possible to discuss your case.
If someone calls me about their own case, then most of the time I can get all the information I need just from speaking to them. So don’t delay calling just because you don’t have all the answers or don’t know what is important to ask or tell me. I’ll guide you through the conversation, and you can always text, email or call with additional info after the initial consultation. I do speak with friends or family members when the potential client is unable to speak with me directly, but I would typically need to know: the county where the offense occurred, why they were stopped by police in the first place, whether they performed field sobriety evaluations, whether they submitted to a blood or breath test, and whether the person has any previous DUI arrests or convictions. I need this basic information to get an idea about the trajectory of the case and assess the potential license consequences.
In terms of what I expect from a client, the most basic answer is communication and responsiveness. I want my clients to move on with their lives and feel comfortable knowing that I am handling their case. On the other hand, if I ask for information or give advice about something that needs to be done, then I need my clients to respond. It is ok to even ignore my advice at times, but it is important to discuss why we are taking certain actions so that we can be a team and present a cohesive defense.
No. Everyone is different and an arrest, a traffic stop in general, can be stressful, if not downright traumatic. In those situations, it is not uncommon to be mistaken about some details. If you cannot recall large patches of time, that is more troubling and would indicate a medical condition or severe impairment. However, medical conditions are commonly mistaken for impairment, so we need to get to work consulting with the appropriate medical experts and compiling records if that is the case.
For instance, a concussion after a bad accident could result in memory loss and mimic impairment symptoms such as disorientation and lack of coordination. A concussion would need to be proven through a medical examination shortly after the accident. So, if that is a potential defense, then you need to act quickly while a doctor can still examine you and issue a medical opinion. Besides a concussion, diabetics experiencing low blood sugar or hypoglycemia would also exhibit symptoms which could be mistaken for impairment.
One of the more common areas where I see clients be mistaken is whether implied consent was read or not. Due to the confusing nature of the implied consent notice and the fact that it is read immediately after arrest, most clients are so upset that they completely forget the notice was even read. It is not until we see the video that we hear the notice was read. But that is not fatal to your case. In the same vein, I often have people tell me that they were not given their Miranda warnings. In a DUI context, Miranda warnings are not required. However, having a specific recollection of the conversations you had with the officer typically bodes well for your case as you were obviously not highly impaired if you can recall those facts.
I do need to know whether you took a blood or breath test. The blood test is straightforward as it would involve a blood draw done by a phlebotomist either at the jail or local hospital. The breath test can be more confusing because there are breath tests done on the side of the road as well as at the jail. Breath tests done on the side of the road are conducted prior to arrest and the specific results are not admissible in court. Those tests are just a tool for the officer to determine whether what they see is caused by alcohol or some other intoxicant or medical condition. However, the important and admissible breath test is conducted after arrest at the jail or police precinct. Those results are admissible just like a blood test.
There is no one size fits all defense. Every case is different. Facts sometimes change based on a review of the evidence and a better recollection of what transpired. As long as you do not lie to me, then we can work through whatever gaps may exist in your memory.
For more information on DUI Laws In Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (470) 728-1725 today.