DUI Defense Attorney in Gwinnett County, GA
Aggressive Defense by a National Trial Lawyers Top 40 under 40 Attorney
Have you been arrested for DUI in the greater Atlanta metropolitan area? If so, you are likely worried about what will happen in the days to come and how such an arrest will affect you long-term. This is especially true if you have never been arrested before which is often the case with driving under the influence.
A DUI is a serious matter in the state of Georgia but, like any criminal offense, defenses do exist, and AN ARREST DOES NOT MEAN YOU ARE GUILTY.
However, you will need the services of an experienced and committed Gwinnette County criminal defense lawyer in your corner as soon as possible who can get to work investigating all facets of your arrest.
At Houston Washburn Law, you can turn to an attorney who has focused much of his practice on DUI defense and education. Attorney Houston Washburn is a member of the National College for DUI Defense, an organization to which the top and most experienced Gwinnett County DUI defense lawyers maintain memberships.
What Are the DUI Laws in Georgia?
In Georgia, you can be arrested for driving under the influence if you manifest impairment from drugs or alcohol regardless of your blood alcohol concentration (BAC), if your blood alcohol concentration (BAC) measures .08 percent or higher (per se DUI), .02 BAC if you are Under 21 , or you have any quantity of drugs such as marijuana in your system.
Do You Have to Be Driving to Get a DUI?
Georgia law prohibits you from being in physical control of a vehicle while in the above states which means you do not actually have to be driving. Sitting behind the wheel with the keys in the ignition while impaired from alcohol is grounds for an arrest.
What is the Deadline for a DUI Appeal?
If you have a pending DUI, you should know that there are two cases occurring at the same time with two separate consequences. There is a license case and a criminal case. In Georgia, you have 30 days to send an appeal to the DDS to preserve your license during the pendency of your criminal case. If you do not file your appeal, your license may be suspended after 45 days while your case is pending.
There is also a case pending in the criminal court that has jurisdiction. As an experienced DUI attorney in Gwinnett County, Houston Washburn, knows how these two worlds affect the other and works with his clients to make the process as easy and smooth as possible.
What Are the Penalties for A DUI in Georgia?
The penalties you face upon a conviction will be determined by the judge based on the following guidelines:
- A first DUI is punishable by 10 days up to a year in jail, fines ranging from $300 up to $1,000, 40 hours of community service, DUI Risk Reduction Class, an alcohol evaluation, and a license suspension of up to a year
- A second-offense DUI within 10 years – determined by arrest dates – is punishable by 90 days up to a year in jail, fines ranging from $600 to $1,000, 240 hours of community service, completion of a DUI Risk Reduction Class, an alcohol evaluation, a potential 18-month suspension that may require a period of a limited permit installation of an ignition interlock or a 12-month suspension without a limited permit
- A third-offense DUI within 10 years – determined by arrest dates – is punishable by 120 days up to a year in jail, fines ranging from $1,000 up to $5,000, 240 hours of community service, completion of a DUI Risk Reduction Class, an alcohol evaluation, a permanent license revocation, and you must serve a minimum of 15 days in jail. You may be classified as a Habitual Violator and have your license revoked for a period of five years. You may seek a probationary license after two years of suspension
- A forth or subsequent offense is considered a Felony DUI which carries extremely harsh consequences. Additionally, you may be classified as a Habitual Violator and have your license revoked for a period of five years. You may seek a probationary license after two years of suspension.
If you were found driving with a minor under the age of 14 as a passenger, or you were involved in an accident that injured or killed someone, you will face enhanced penalties and charges.
Under 21 drivers have more strict limitations and consequences.
Additional penalties include increased auto insurance premiums and a permanent criminal record easily accessible on a routine background check.
Am I Eligible for a Hardship License in Georgia?
Hardship licenses may be applied for during suspension periods with the installment and maintenance of an ignition interlock device. Hardship Licenses/Permits must be applied for in the original court you were sentenced in and based on an extreme hardship. If the Court grants a hardship waiver, then you can apply for a license/permit with the Department of Driver Services.
Get Help from an Accomplished DUI Lawyer in Lawrenceville, GA
DUI is a very complex field that combines scientific factors as well as probable cause and other legal aspects. Because of its complexity, you will want an attorney who knows how investigate all areas of your arrest to uncover police error, faulty technical issues, and more.
At Houston Washburn Law, your case will be handled by an attorney who has been trained in these matters above and beyond the average lawyer. We urge you to take advantage of our trial skills, DUI knowledge, and understanding of the law to help you fight for the best possible outcome.
Our DUI lawyer in Lawrenceville will take the following steps immediately after your arrest:
- We will thoroughly review the details of your arrest–including the evidence and police reports– to determine if law enforcement officials violated your rights or if there are any weaknesses in the prosecution’s case
- We will request a license suspension hearing to help you retain your driving privileges
- We can negotiate a favorable plea agreement with the prosecution
- We can fight for you at trial, if necessary
The organization provides the most advanced-level training regarding DUI in the nation. Attorney Washburn was also voted a 10 Best in 2016 by the American Institute of DUI/DWI Attorneys which operates as an impartial third-party legal rating and review organization.
Together with these qualifications, a fighting determination, and positive relationships with local prosecutors and judges, our firm offers outstanding DUI defense representation.
Talk to our DUI lawyers in Gwinnett County, GA, about your case today. Call (770) 766-8966.
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