Atlanta DUI Attorney
Driving under the influence is a serious offense in the state of Georgia. Any person who violates the drinking and driving laws will be subjected to lengthy criminal prosecution. If you have been arrested for driving under the influence of alcohol or drugs in Atlanta, it’s to your advantage to have an experienced DUI lawyer working on your behalf. A well-practiced Atlanta DUI lawyer can protect your rights and fight aggressively on behalf of your best interest at each stage of the DUI process.
Georgia DUI Law
In the state of Georgia it is illegal to drive or operate a vehicle with a blood alcohol concentration (BAC) of .08% or more. A driver can also be charged with DUI for being “less safe.” Under these provisions, the prosecution must prove the driver is “less safe” to drive to due alcohol, drugs, or other intoxicants. Most drivers arrested for being “less safe” have a BAC between .05% and .07%. However, if the prosecution can collect enough evidence, drivers who have a BAC less than .05% can be arrested and charged under this provision.
For people under the age of 21, it is illegal to drive with a BAC of .02% or more.
Two Part Process
As soon as you have been booked on DUI charges, two separate legal processes will begin: a criminal case and an administrative license suspension hearing.
Once you have been arrested your driver’s license will automatically be suspended. For this reason, it’s import to first and foremost schedule an administrative hearing with the Georgia Department of Driver Services. This hearing is your opportunity to protect your driving privileges by contesting the evidence submitted by the state suggesting otherwise. If you are successful at the hearing your driver’s license will be reinstated. However, it’s important to note that you only have 10 days to schedule this hearing. If you fail to request this hearing within 10 days your driver’s license will automatically be suspended for at least one year.
In addition to this hearing you will also be required to appear in criminal court for committing the crime of driving under the influence. This is the part of the legal process where you will plead guilty, not guilty, or no contest to the charges brought against you. If your case moves to trial, a jury will be selected to hear your case. If you are found not guilty, all charges will be dropped and you will be free to go. If you are found guilty of DUI, the judge will impose a sentence.
Penalties for DUI in Atlanta
If you are found guilty of DUI the judge will impose a series of penalties, including fines, community service, driver’s license suspension, and a possible short-term jail sentence. In addition, your insurance premiums are likely to rise, and you may be required to attend DUI school and install an ignition interlock device on your car.
Contact Atlanta DUI Lawyer Matthew T. McNally
If you have been arrested for DUI in Atlanta, do not leave yourself unprotected. Atlanta DUI attorney Matthew T. McNally is very experienced in DUI defense law, and can help you overcome your charges. Mr. McNally is committed to providing you with exceptional legal services across the board, and will work tirelessly to help you avoid a criminal conviction.
Contact the Law Offices of Matthew T. McNally today at (678) 386-4968.