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DUI DEFENSE ATTORNEY GWINNETT COUNTY, GA
People often fail to realize just what a profound effect a DUI can have on their life. In addition to being subject to incarceration, a DUI can affect auto insurance rates, future employment opportunities, college enrollment, and the ability to have a valid driver’s license. If you have been charged with OVI, it is imperative that you contact an experienced and knowledgeable DUI attorney.
In the state of Georgia, an individual can be charged with DUI if they operate a vehicle with a blood alcohol level (BAC) of .08 percent or higher. An individual may be charged with “DUI Less Safe, if the individual appears to be intoxicated, but refuses to take a test, or if the driver’s blood/alcohol level is below .08, but the driver is under the influence, of drugs or alcohol, and exhibits behavior that shows they are unable to safely operate a vehicle.
Time is of the essence is an DUI case. The sooner an experienced DUI attorney is retained, the sooner they may begin to prepare a strong defense for your case. Furthermore, the charged individual only has thirty calendar days (30) to request a hearing to to appeal the Administrative Suspension of your driver’s license. This hearing is addition to any proceedings in the criminal court.
If you refused to submit to the test of blood or breath or took a test where the results were over the legal limits you will be facing an Administrative Suspension of your driver’s license. At this point, you have three options:
- File an appeal of the administrative license suspension and have an administrative hearing to determine if you should be subject to the suspension. The appeal must be filed within thirty calendar days (30) of notice of the suspension.
- Instead of appealing the administrative license suspension, the driver, within thirty calendar days (30) of arrest may apply for an Ignition Interlock Limited Permit.(IILP). This option is not available to all drivers.
- Do not file an appeal or or apply for IILP, and receive a “hard suspension”. This means that the driver is not eligible for a limited driver’s permit, early reinstatement, and cannot opt for an IILP. Therefore, there will be no driving for 12 months.
You need an experienced and knowledgeable DUI attorney to help navigate you through this difficult period and advise on the best course of action, for both the administrative suspension and criminal proceedings.
A conviction for DUI, in the State of Georgia, involves severe penalties for even a first offense. First offense penalties include up to a year in jail, a fine of up to $1000, and community service. The penalties become more severe if you have more than one prior conviction.
It is imperative that you retain an experienced and knowledgeable DUI attorney to make sure your constitutional and statutory rights were not violated, and that will provide a thorough defense to the charges.
If you have been charged with DUI in Gwinnett County, Duluth or surrounding areas, contact Matthew S. Halley for a free consultation. It is imperative that you retain an attorney to represent you with so much on the line. Mr. Halley will handle your case personally and make sure you receive the representation that you deserve.