Canton DUI Attorney
Time is of the essence in Canton DUI cases. After the arrest, you only have 30 days to request an Administrative License Suspension (ALS) hearing or else your license will automatically be suspended. Our DUI Lawyers in Canton take pride in exclusively defending DUI cases. We pride ourselves on being Georgia's top-rated DUI defense firm, and strive to provide an excellent defense to every client. To find out how our firm will make all the difference in your case, contact us today.
Frequently Asked Questions about DUI in Canton
What is the difference between DUI Per Se or DUI Less Safe?
In Georgia, it is illegal for a person over 21 to have a blood alcohol concentration (BAC) of .08 or higher and to drive a vehicle. A person can be charged with DUI per se when their BAC is over that limit. The limit for those under 21 is .02, and those with a CDL license is .04. A DUI per se charge is usually supported by a breath test showing that they are over the legal limit.
A driver can be charged with DUI less safe even if their BAC is less than .08 grams. The DUI laws in Georgia criminalize driving under the influence of drugs or alcohol to the extent it is less safe for the person to do so. DUI less safe is not based on a chemical test, but instead, on an officer's observations during the DUI stop can be used to support the determination that the driver was impaired by alcohol. Factors such as an admission of drinking, slurred speech, odor of alcohol, bloodshot eyes, and fumbling are all clues that officers are looking for to support their case.
In either situation, the penalties are severe. Contact one of our Canton DUI Attorneys if you have been charged with a DUI.
Can my case be defended?
Absolutely! You have rights throughout the entire court process, and we will carefully analyze the particulars in your case to see if your rights were violated at any time. Sometimes the smallest details can help us reach the best outcome in your case. There are numerous DUI defenses that we will evaluate to see if they apply to your situation.
Are field sobriety tests mandatory?
No, you are not required to participate in the field sobriety tests. However, the officer is not required to tell you that the tests are voluntary. We recommend that you politely decline to participate in the tests.
However, the State-administered test of your blood, breath, or urine is a mandatory test. If you refuse this test, your license will be suspended for a year. This test will be requested after the reading of the implied consent notice.
Are breath tests accurate?
The Intoxilyzer 5000 is the device used to test breath samples in DUI cases in Georgia. However, the Intoxilyzer is flawed in the fact that items that do not contain alcohol may cause the machine to report the detection of alcohol. These include mints, listerine, smokeless tobacco, lip balm, and blood. These substances may cause a high reading even if you have not consumed alcohol. Additionally, some medical conditions cause the test to return false-positive readings.
In sum, there are ways to combat the results of an Intoxilyzer reading.
What is the 30-Day Letter?
The 30-day letter is an appeal of the suspension of your driver's license. You only have 30 days to send this letter in or your license will be automatically suspended. You must submit a $150 filing fee, or the letter will not be accepted.
If you fail to send this letter, your Georgia driver's license can be suspended from 30 days to one year, depending on whether you refused testing.
Can I represent myself in a Canton DUI case?
You can, but you will be held to the same standards as a practicing lawyer. This means that you will be responsible for knowing all the rules of evidence, filing deadlines, courtroom procedures, and laws pertaining to your case.
By representing yourself and choosing to forego the knowledge of an experienced DUI lawyer, you are putting yourself at a disadvantage. To put yourself in the best position to protect your rights and your future, it is in your best interest to hire an experienced Canton DUI Lawyer.
Canton GA Municipal Court
All cases involving misdemeanor traffic offenses, city ordinance violations, and misdemeanor DUI cases that originate within the city limits of Canton will proceed in Canton Municipal Court.
Canton Municipal Court is held in the Public Safety and Municipal Court Building located at 151 Elizabeth Street, Canton, Ga 30114. Ms. Teresa Fitts is the Municipal Court Clerk and she can be reached at 770.704.1546.
Contact a DUI Attorney in Canton Today
At The Law Offices of Richard S. Lawson, we care about you and your case! We do not want a mistake to affect the rest of your life! By calling our Canton DUI Lawyers, we guarantee that you will find an experienced, knowledgeable, compassionate lawyer who is ready to help with your case! Call now for a free case evaluation.