Gilmer County DUI Lawyer
At the Law Offices of Richard S. Lawson, our team of Gilmer County DUI Attorneys has over 50 combined years of experience. We are Georgia's top-rated law firm, and pride ourselves on being a firm you can trust. Our office is open 24 hours a day, 7 days a week to take your call. Call now for a free case evaluation.
A DUI Arrest Starts Two Cases Against You in Gilmer County
In Georgia, there are two separate cases in a driving under the influence (DUI) case. There is an administrative proceeding in which the Department of Drivers Services (DDS) attempts to suspend your license or your privileges to drive in Georgia. The second case is the criminal case where you face the possibility of jail time, a fine, and other penalties.
The DDS proceeding is started once you are arrested. In Georgia, you must request an Administrative License Suspension (ALS) hearing within 30 days of your arrest. This hearing is separate and distinct from your criminal case! Therefore, even if your criminal case is dismissed, if you failed to request an ALS hearing, your license will still be suspended. The hearing must be requested in writing with the $150 fee. Your Gilmer County DUI attorney will explain this process to you and make sure your driving privileges are protected!
The other side of your case is the criminal case. In Georgia, DUI cases can be charged as a misdemeanor or a felony. This depends on whether one has any prior DUI convictions and whether there was an accident or an injury to another person. If a person has a prior DUI conviction, there are significant jail sentences that a judge can impose.
Our DUI Lawyers in Gilmer County are able to assist you with both of these cases! With over 25 years of experience, our team will help you get the results you desire.
What Happens If I Failed the Blood or Breath Test?
We speak to numerous clients that believe there is no chance of a positive case result because they failed the breath or blood test. This is simply not the case. Our experienced Gilmer County DUI Attorneys will vigorously defend you by looking to expose flaws in the State's case and challenging any tests related to the arrest.
Our Gilmer County DUI Lawyers have successfully challenged hundreds of breath tests for our clients. Police officers make mistakes too, and sometimes the devices do not always give accurate readings. Our lawyers are familiar with the science behind these tests and the administrative and technical procedures that need to be followed to the letter when conducting these tests. We understand how these tests can be performed incorrectly and how this can make all the difference in the outcome of your case. How the test was administered and the training of the police officer are always elements to be reviewed. These devices must be maintained on a regular basis, and that information needs to be correctly logged. A failure to keep track or to properly maintain these devices can lead to inaccurate results.
With respect to a blood test, there are a variety of errors that could occur. From taking the blood to the lab procedures, there are arguments we can make on your behalf. We will review the chain of custody of the sample and also investigate to see if there is a history of lab errors. Furthermore, there are factors such as health reasons that could explain why your blood tested positive for alcohol.
If your tests results are found to be unreliable, they will not be admitted into evidence. This can result in the charges being dropped if there is insufficient evidence to achieve a conviction. However, even if the charges are not dropped and the case continues, our lawyers can cast doubt on the validity of the tests and create reasonable doubt of guilt in the proceedings. Lastly, even if you refused testing, there are defenses we can use to get a successful result in your case.
In order to give your lawyer the best chance at getting a positive outcome in your case, it is important for you to to be careful what you say to the police. The arresting officers are not on your side. They may ask questions that you think are harmless when, in reality, they are designed to confirm your guilt. By exercising your right to remain silent, you are making it easier for your Gilmer County DUI Lawyer to protect your rights.
Contact Our DUI Attorneys in Gilmer County Today
At our firm, our attorneys understand what strategies must be used when defending the rights of those who have been accused of DUI offenses. Our Gilmer County DUI Lawyers understand that each case is unique and requires a complete review. That is why we are here to defend you. These types of charges can carry serious consequences and you should not go through the trial process alone. Call now for a free case evaluation.