Douglas County DUI Defense Attorney

Have You Been Arrested for DUI in West Georgia?

If you have been arrested for DUI in Dallas, Atlanta, or West Georgia, you need an accomplished Douglas County DUI attorney on your side who will be able to review your case, analyze the circumstances surrounding your arrest, determine if field sobriety tests and blood and breath tests were administered properly, interview any eyewitnesses, do further investigations as needed, and advise you on the best course of action to pursue. 

You need to contact a Georgia DUI lawyer from Howard Law Group today.

Drunk driving is the most common criminal offense in the United States. It is almost always committed by a non-criminal and a respectful citizen. Don't make the mistake of considering a DUI just another traffic offense. It has its own set of unique procedures and laws that need to be followed.

At times, law enforcement officials will give the impression that failing a field sobriety test or blowing a .08% blood alcohol concentration (BAC) on a breathalyzer is all that is needed to convict. That is far from the truth. A knowledgeable and experienced Douglas County DUI lawyer is well-versed in the entire DUI process and knows how to expose weaknesses in the prosecution's case against you.

Arrested for DUI in Georgia? Speak with our attorney in a free consultation to discuss your defense today by calling (678) 922-9743!

Understanding Georgia's DUI Laws

Georgia law (O.C.G.A. § 40-6-391) broadly defines Driving Under the Influence (DUI) to encompass impairment by alcohol, drugs, or a combination of both. You can be charged with DUI if you operate a motor vehicle while:

Path A: The "Less Safe" Standard (Impairment-Based)

• Under the Influence of Alcohol (O.C.G.A. § 40-6-391(a)(1)): This applies if your ability to drive is impaired "to the extent that it is less safe for the person to drive" due to alcohol consumption.
• Under the Influence of Any Drug or Intoxicating Compound (O.C.G.A. § 40-6-391(a)(2), (a)(3)): This covers impairment by any drug (illegal, prescription, or over-the-counter), glue, aerosol, or other toxic vapor "to the extent that it is less safe for the person to drive." Even a valid prescription for a medication is not an automatic defense if the medication's effects render you "less safe" to drive.
• Under the Combined Influence (O.C.G.A. § 40-6-391(a)(4)): This applies if you are under the combined influence of alcohol and any drug or intoxicating compound "to the extent that it is less safe for the person to drive."
• Proof for "Less Safe" DUIs: These charges rely heavily on circumstantial evidence of impairment observed by the arresting officer.

Path B: The "Per Se" Standard (Chemical Test Results)

• Blood Alcohol Concentration (BAC) of 0.08% or More (O.C.G.A. § 40-6-391(a)(5)): If your BAC is 0.08 grams or more within three hours after driving (from alcohol consumed before driving ended), you are legally considered under the influence, regardless of observable impairment. This is the common "per se" standard.
• Any Amount of Marijuana or Controlled Substance (O.C.G.A. § 40-6-391(a)(6)): This is Georgia's "per se" provision for drugs. It means a driver can be charged with DUI if "there is any amount of marijuana or a controlled substance... present in the person's blood or urine, or both, including the metabolites and derivatives of each or both."

Zero Tolerance for Underage Drivers

For drivers under the age of 21, Georgia has a strict "Zero Tolerance" policy. If a minor operates a vehicle with a BAC of 0.02 grams or more, they can be charged with underage DUI. Penalties are severe and include mandatory license suspension.

Understanding these specific legal definitions and the multiple ways a DUI can be proven is crucial. A DUI attorney in Douglas County will provide a clear explanation of how these nuances apply to your particular case.

Potential Penalties for a DUI Conviction

Make no mistake, however, that anyone who gets behind the wheel of a motor vehicle while under the influence of drugs or alcohol is not only putting their safety at risk, but the safety and well-being of all the other people on the road.

That is why anyone convicted of a first-time DUI will be subject to:

• Fines between $300-$1000
• Mandatory 24 hour jail time, in addition to between a 10-day to 1-year sentence
• 12 months probation
• 40 hours of community service
• Clinical evaluation for substance or alcohol abuse and mandatory treatment, if needed
• Driver's license suspension for 1-year
• Completion of court-ordered Risk Reduction (DUI) School

Anyone who is convicted of a second or multiple DUI within a 10-year period, who has caused an accident with serious injuries or a fatality while under the influence, who had a minor in the vehicle during a DUI arrest, or who was driving on a suspended license, will be facing additional and much more severe penalties including the possibility of life imprisonment.

In many instances, the judge will also order the installation of an ignition device on your vehicle and/or unscheduled urine tests to determine whether or not you are adhering to the terms of your probation.

Key DUI Defense Strategies in Georgia

A DUI charge is not an automatic conviction. A skilled DUI attorney can employ numerous strategies to challenge the prosecution's case and work towards a favorable outcome.

Defense Strategies Focusing on the Stop and Initial Investigation:

• Challenging the Lawfulness of the Traffic Stop: Argue the stop lacked reasonable articulable suspicion, potentially leading to dismissal of evidence.
• Disputing Field Sobriety Tests (FSTs): Highlight subjectivity, influencing factors (medical, environmental), or improper administration.
• Challenging Probable Cause for Arrest: Argue insufficient probable cause existed for the arrest.

Defense Strategies Focusing on Chemical Testing and Impairment:

• Challenging Breath Test Results (Intoxilyzer 5000): Demand calibration/maintenance records, argue operator error (e.g., 20-minute observation rule violation), assert rising BAC, or present medical/physiological factors causing false readings.
• Challenging Blood/Urine Test Results: Scrutinize chain of custody for contamination/tampering, investigate laboratory errors, and argue that mere presence of inactive drug metabolites does not prove current impairment.
• Implied Consent Advisory Errors: Argue improper reading of the Georgia Implied Consent warning to suppress test results or refusal.

Other Key Defense Strategies:

• No Actual Physical Control: Argue you were not "operating" or in "actual physical control" of the vehicle while impaired.
• Miranda Rights Violations: Assert statements made after arrest without proper warnings should be deemed inadmissible.
• Video Evidence Review: Utilize dashcam and bodycam footage to expose procedural errors, inaccurate observations, or rights violations.
• Negotiating Plea Bargains and Diversion Programs: Seek dismissal, reduction to a lesser charge (e.g., reckless driving), or explore Conditional Discharge or Accountability Courts for eligible first-time offenders.

Douglas County DUI Lawyer Serving Metro Atlanta & West Georgia

Howard Law Group has many years experience successfully representing clients facing all manner of criminal and DUI-related charges. The firm prides itself in being responsive to its clients, while always being prepared to fight aggressively on their behalf. Our Georgia DUI lawyers are dedicated to providing clients with the hard-hitting representation they need when facing DUI charges.

Our attorneys at Howard Law Group will apprise you of the penalties for drunk driving in the event the defense is unsuccessful. In a jurisdiction where judges enhance sentences as additional punishment for pleading not guilty, you should also be informed by an attorney who practices in that jurisdiction. We will review each and every facet of the case with you, explaining in some detail how the defense would expect to proceed.

Although subsequently discovered information or events might dramatically alter the planned strategy or approach, we will be honest in explaining the pros and cons of the case. Many cases can either be won or substantially strengthened through the use of appropriate pretrial motions, and of course careful preparation and great effort can win most cases.

If you have been arrested for DUI in Douglas, Fulton, or Paulding counties, or anywhere in Metro Atlanta or West Georgia, contact a Douglas County DUI attorney from the firm today. 

Reach out to us at (678) 922-9743 or contact us online for immediate assistance and a consultation tailored to your unique needs and local legal environment.