Carrollton Criminal Defense Lawyer Providing Help In DUI Cases
Carrollton DUI attorney Robert Duffee has represented a wide range of people charged with alcohol-related offenses such as DUI, DWI and MUI.
Whether you are a truck driver or a soccer mom, being charged with a DUI or DWI can be life-changing. There have been cases of people being charged with a DUI or DWI, even though there were unexamined errors in their breath tests.
Fighting The Evidence In DUI Cases
Breathalyzers measure alcohol levels by having people blow into a mouthpiece. An incorrectly elevated reading is possible for many reasons:
- Menthol tobacco products
- Mints, mouthwash or gum
- Denture adhesive
- Use of an asthma inhaler
- Blood in the mouth due to a fight or accident
- Fever
- The unit shares an electrical outlet with a microwave, radio or another device that may cause fluctuations in power.
You need a skilled lawyer to review the evidence against you. Contact Duffee Law Firm, LLC, immediately. Evidence is crucial to enforcing Georgia’s drunk driving laws. Attorney Robert Duffee has training in field sobriety testing (FST) and knows how to challenge an arresting officer’s alleged findings. Depending upon your circumstances, we may be able to negotiate with the state to get your criminal case reduced or dismissed.
Is It Legal To Refuse A Breathalyzer Or Sobriety Field Test In Georgia?
In Georgia, you can legally refuse a field sobriety test, but refusing a breathalyzer test after being arrested can have consequences. Under Georgia’s implied consent law, drivers who refuse a post-arrest breathalyzer test face an automatic license suspension for at least one year. This refusal can also be used as evidence against you in court. It’s important to understand the implications before making such a decision.
What Is Georgia’s Legal Blood Alcohol Concentration (BAC)?
Georgia’s legal Blood Alcohol Concentration (BAC) limit is 0.08% for drivers aged 21 and over. For commercial drivers, the limit is lower at 0.04%, reflecting the need for increased safety standards. Drivers under 21 are subject to a “zero tolerance” policy, with a BAC limit of 0.02%. Exceeding these limits can result in DUI charges, leading to significant legal and personal consequences.
If I Am Charged With A DUI Or DWI In Georgia, Will I Lose My License?
If you have been charged with driving under the influence, the arresting officer will file paperwork to have your license suspended. If you take no action within 30 days from the date of arrest, your license will likely be suspended. The length of suspension can increase with subsequent offenses. It is very important that you consult our Carrollton criminal defense attorney as soon as possible so we can take steps to prevent or delay that. Even if your license is eventually suspended, we may be able to help you secure a limited or probationary permit.
First DUI Offense
A first DUI conviction in Georgia carries significant penalties that can impact your life long after the case concludes. According to Georgia Code 40-6-391, if your blood alcohol content (BAC) tests at .08% or higher, you face a minimum of 24 hours in jail, though judges often sentence first-time offenders to more time depending on case circumstances.
Beyond jail time, first DUI offenders typically face:
- Fines ranging from $300 to $1,000 plus court surcharges
- Probation for up to 12 months
- Driver’s license suspension for up to one year
- Mandatory completion of 40 hours of community service
- Required attendance at DUI Risk Reduction Program (DUI School)
- Clinical evaluation for substance abuse and possible treatment
The severity of these penalties depends significantly on how effectively your Carrollton DUI defense lawyer argues your case. With proper legal representation, some first-time offenders may qualify for reduced charges or alternative sentencing options.
Second And Multiple DUI Offense
Georgia treats repeat DUI offenses with escalating severity through a 10-year “look-back” period for criminal penalties. A second DUI within this time frame brings substantially harsher consequences:
- Mandatory minimum of 72 hours in jail, potentially extending to one year
- Fines between $600 and $1,000 plus surcharges
- License suspension for three years (with limited reinstatement possibilities after 120 days)
- Minimum of 30 days of community service
- Mandatory clinical evaluation and treatment
- Possible vehicle forfeiture
- Installation of ignition interlock device upon license reinstatement
Third and subsequent offenses within the look-back period elevate the charge to a high and aggravated misdemeanor with potential felony status, extended jail sentences and lengthier license revocations. The stakes increase dramatically with each additional offense, making skilled legal representation essential.
Common DUI Defense Approaches
An experienced Carrollton DUI defense attorney examines multiple aspects of your case to build a strategic defense. Effective approaches often include:
- Challenging the legality of the traffic stop or checkpoint
- Questioning field sobriety test administration and reliability
- Examining breathalyzer calibration records and maintenance logs
- Investigating blood test handling protocols and the chain of custody
- Reviewing officer training records and disciplinary history
- Evaluating medical conditions that might affect testing accuracy
- Assessing whether proper Miranda warnings were given
- Determining if post-accident trauma affected your behavior or test results
Each DUI case presents unique circumstances that require a thorough investigation. Attorney Robert Duffee examines every detail of your arrest to identify procedural errors, testing inaccuracies or rights violations that could lead to reduced charges or case dismissal.
Don’t Hesitate – Get A Free Carrollton DUI Lawyer Consultation
At Duffee Law Firm, LLC, we take DUI, DWI and MUI charges very seriously. Reach out to us at 770-884-6402 or use our online contact form to schedule a free consultation.