Winder DUI Lawyer
While most people never think that they will be affected by a DUI charge, the truth is that anyone who operates a motor vehicle while impaired – even if that impairment is below the legal limit or is not caused specifically by alcohol – is at risk of being charged and convicted of driving under the influence. If you are facing DUI charges in Georgia, our DUI lawyers in Winder, GA have the experience you need to mitigate the charges brought against you.
Laws Regarding Driving Under the Influence in Georgia
In Georgia, it is against the law for anyone to operate a motor vehicle if they have a blood alcohol concentration (BAC) level of .08 percent or above. However, tougher restrictions are placed on certain drivers – those under 21 years of age break the law if they operate a motor vehicle with a BAC of .02 percent or higher, and drivers of commercial vehicles are barred from driving when they have a BAC of .04 percent or higher.
Penalties for a DUI Conviction
Assuming that you are 21 years of age or older and not a commercial driver at the time that you are charged with a DUI, you could face the following penalties for a first offense:
- License suspension
- Fine up to $1,000
- Community service
- Alcohol risk program attendance
The specific penalties that you may be subjected to depend entirely on the circumstances of your case. For example, if you breached the state’s implied consent law – which states that you give your implied consent to submit to breath or blood alcohol testing if requested to do so by virtue of having a driver’s license – then you are subject to an automatic license suspension of one year. This is found in Section 40-5-55 of the Official Code of Georgia.
Penalties for a subsequent DUI conviction are more severe.
Defense to a DUI – How our Winder DUI Lawyer Can Help
There are a number of ways to protect yourself from a DUI conviction. First, while you will face the automatic license suspension penalty, refusing to consent to blood or breath alcohol testing is your legal right. Refusal to submit to blood alcohol testing – which prevents the prosecution from having evidence of your BAC – can help to protect yourself against a conviction in many cases.
If you have already submitted to BAC testing, another defense is to prove that the BAC testing device was defective, or that the BAC test was improperly administered. Improper administration of roadside sobriety tests is another effective defense.
Our lawyers can also help you to negotiate with the prosecution for a plea deal.
Contact Our DUI Attorneys in Winder, GA Today
No one wants a DUI conviction on their record, especially when penalties include large fines and possible incarceration. If you are facing DUI charges in Winder, contact our experienced attorneys at the offices of Mitchell & Crunk for a consultation. The sooner you call, the sooner we can help.