DUI Defense

Dui Defense Attorneys In Savannah, Georgia

Indulging in alcoholic beverages, drugs, or other substances can quickly impair your judgment. While you may “feel fine,” that doesn’t mean you’re in the best state to get behind the wheel of a car and arrive at your destination safely.

Whether you were at an intimate dinner party with friends and had “one too many” or were out celebrating a momentous occasion with a night of partying, the law enforcement officer that pulls you over will not care about the reason why you’re under the influence. Georgia is one of the strictest states regarding DUI laws, and being pulled over for drunk driving can carry serious consequences.

What is Considered a DUI in Georgia?

While some states differentiate between Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) — Georgia is not one of them. In Georgia, the term DUI is used to cover impaired driving under the influence of any alcohol, drug, or controlled substance.

There are a few different ways that a person can be found in violation of Georgia’s DUI laws:

• Having a blood alcohol content (BAC) level of .08% or higher
• If the driver’s ability is considered less safe, or clearly impaired, due to the influence of any alcohol or drugs
• Possessing traces of marijuana or illegal drugs in their system

It’s important to be aware that you can be charged with a DUI even if your BAC is below the legal limit. The prosecution would need to prove that you were mentally or physically impaired while operating a moving vehicle.

• What Video Evidence Is Typically Available In Discovery In A DUI Case?
• How Can My Defense Attorney Use The Breathalyzer Maintenance Records In My DUI Case?
• How Common Is It For Someone To Lose Hope When Facing DUI Charges In Georgia?
• What Are The Next Steps To Take In A DUI Case After Entering A Plea Of Not Guilty?
• Is Settling a DUI Case with a Plea Deal the Best Option?
• How Long After my DUI Arrest do I Need to Request a Hearing?
• Can I Refuse to Provide Law Enforcement a Breath or Blood Test in Georgia? What Are the Consequences of Refusal?
• Will I Be Able to Get Limited Driving Privileges While My DUI Case Is Pending in Georgia?
• How Common Are Drug-Related DUI Cases in Your Area?
• How Much Training Do Officers Have? Are They Equipped to Deal With a Drug DUI?

Regardless of the cause of the charges against you, you’ll want an experienced DUI attorney on your side to help you fight for the best possible outcome for your case. The Law Offices of Harold J. Cronk has represented many clients in Savannah, Georgia, and the surrounding areas, against DUI convictions. We’ll listen to your side of the story and do everything we can to seek fair treatment by the justice system and a favorable result for you.

What Happens After a DUI Arrest?

Even for a first DUI offense, you will be required to serve at least 24 hours in jail. You’ll then be released without your valid license, but a temporary license instead. It’s important to contact a DUI defense attorney as soon as possible who can guide you through the legal proceedings to come. These can include plea negotiations, hearings, trial, and ultimately, sentencing — where your specific penalties are set by the judge.

Penalties for DUI Charges in Georgia

There are certain penalties that all drivers convicted of a DUI will have to face. From jail time, probation, and license suspension to treatment programs, community service, and fines, the exact penalties for your DUI charge will depend on whether it’s your first or repeat offense as well as the strength of the defense for your case. Read more about the possible penalties for DUI offenses below:

1st DUI Offense

• 1 day to 1 year in jail
• Fines ranging from $300 to $1,000
• A minimum of 20 community service hours (40 hours if BAC was .08% or higher)
• License suspension up to 1 year
• Example: John, a first-time offender, was pulled over after a party. His BAC was 0.09%.
• Potential Defenses: Challenging the accuracy of the breathalyzer test, arguing improper police procedures.
• Mitigation Strategies: Attending an alcohol education program, volunteering for community service beyond the minimum required hours.

2nd DUI Offense

• 48 hours to 90 days up to 1 year in jail
• Fines ranging from $600 to $1,000
• A minimum of 30 days of community service
• License suspension of 3 years
• Mandatory clinical evaluation, potential enrollment in substance abuse treatment program
• Example: Sarah, with a previous DUI conviction, was arrested again with a BAC of 0.12%.
• Potential Defenses: Disputing the reliability of field sobriety tests, contesting the legality of the traffic stop.
• Mitigation Strategies: Enrolling in a long-term substance abuse treatment program, participating in a DUI risk reduction program.

3rd DUI Offense

• 15 days of jail time with possible additional 120 days to 1 year in jail
• Fines ranging from $1,000 to $5,000
• A minimum of 30 days of community service
• License suspension and license plate revocation until driver’s license is reinstated
• Mandatory clinical evaluation, potential enrollment in substance abuse treatment program
• Example: Mike, who has two prior DUI convictions, was stopped and found with a BAC of 0.15%.
• Potential Defenses: Questioning the chain of custody for blood test samples, arguing insufficient probable cause for the traffic stop.
• Mitigation Strategies: Consistent participation in a support group such as Alcoholics Anonymous, completing an intensive rehabilitation program.

Dealing with a DUI conviction can have lasting consequences on your life. If you’re facing any of the above penalties, you shouldn’t try to take on your defense alone.

What Happens After a DUI Arrest?

Understanding the steps that follow a DUI arrest can help you navigate the process more effectively and make informed decisions. Here is a step-by-step guide from arrest to court proceedings:

• Arrest and Booking:
  • Initial Stop: The process begins when a law enforcement officer stops a driver suspected of DUI. The officer may conduct field sobriety tests and a breathalyzer test.
  • Arrest: If the officer has probable cause, the driver is arrested and taken to a local jail for booking.
  • Booking: This involves taking fingerprints, photographs, and personal information.

• Initial Appearance:
  • First Court Appearance: Within 48 hours, the arrested individual appears before a judge who reviews the charges and sets bail.

• Administrative License Suspension:
  • Notice of Suspension: The driver’s license is typically suspended immediately. The driver has 30 days to request an Administrative License Suspension (ALS) hearing to contest the suspension.

• Consultation with a DUI Defense Attorney:
  • Legal Representation: It’s crucial to consult with a DUI defense attorney as soon as possible. They will provide guidance and start building a defense strategy.

• Plea Bargaining:
  • Negotiation: The attorney may negotiate with the prosecutor for a plea deal, which could result in reduced charges or lighter penalties.

• Pre-Trial Motions:
  • Challenging Evidence: The defense attorney may file motions to suppress certain evidence, such as the results of the breathalyzer test, if they believe it was improperly administered.

• Trial:
  • Court Proceedings: If a plea deal isn’t reached, the case goes to trial. Both sides present evidence and witnesses, and the judge or jury determines guilt.
• Sentencing:
  • Judge’s Decision: If found guilty, the judge sets the penalties based on the severity of the offense and any mitigating factors presented by the defense.

• Post-Trial:
  • Appeals: The convicted individual has the right to appeal the decision if there are grounds for believing the trial was conducted improperly.

• Reinstatement of License:
  • Application: After serving the suspension period and meeting other requirements, the individual can apply for license reinstatement.

Regardless of the cause of the charges against you, you’ll want an experienced DUI attorney on your side to help you fight for the best possible outcome for your case. The Law Offices of Harold J. Cronk has represented many clients in Savannah, Georgia, and the surrounding areas, against DUI convictions. We’ll listen to your side of the story and do everything we can to seek fair treatment by the justice system and a favorable result for you.

Do I Really Need to Hire an Attorney?

Being charged with a DUI can bring about harsh judgment from friends, family, your employer, and other members of society that have access to your criminal record. For your best chance at a strong defense and a favorable outcome to your case, you’ll want a knowledgeable legal advocate in your corner who can fight on your behalf to see that this type of charge doesn’t ruin your life. When you need a strong representation and defense strategy on your behalf in Savannah, Georgia, or the surrounding areas, call the Law Offices of Harold J. Cronk.