Chickamauga DUI Lawyer

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Chickamauga DUI Lawyer

If you or a loved one has been charged with DUI, contact our Chickamauga DUI Attorneys. There is no time to waste with a DUI charge. If you do not take action within 30 days, your license will be automatically suspended. Take action quickly after a DUI arrest by calling our office today. We will immediately take steps to protect your rights, freedom, and future!

Second DUI Conviction in Chickamauga

A second DUI conviction in Georgia is still considered a misdemeanor, but the penalties can be severe. The consequences for a second DUI within 10 years in Georgia includes up to 12 months in jail, a fine up to $1,000, 240 hours of community service, DUI school, 12 months probation, and a substance abuse evaluation and treatment.

If this is your second Georgia DUI conviction within 5 years, there are additional consequences. You will be required to pay a $25.00 fee to publish a notice of your conviction and your photograph in your county newspaper and surrender the license plates to any vehicle registered in your name.

Many clients are concerned about what could happen to their license with a 2nd DUI conviction. The license consequences for a second DUI conviction within 5 years is a 3 year suspension. No limited permit is available for the first 120 days. A limited permit may be granted after this period, but is conditioned upon the installation of an ignition interlock device for a minimum period of 12 months. In order to apply for an ignition interlock device limited permit you will have to present a certificate of eligibility from a drug court program or proof of enrollment in substance abuse treatment. A clinical evaluation must be completed prior to enrolling in a treatment program. The certificate of eligibility is only issued at the discretion of the judge during sentencing. The judge can decide to not issue the certificate for any reason.

After the period expires requiring an ignition interlock device, you can apply for a limited permit without the ignition interlock device restriction. After 18 months, you will be eligible for early reinstatement of your full driving privileges if you provide proof that an ignition interlock device was maintained for period of 12 months or an order from the court exempting you from this requirement, proof of completion of a substance abuse treatment program (if required by the clinical evaluation), and a reinstatement fee.

However, it is important to remember that these penalties only apply if you are convicted of a second DUI. Our Chickamauga DUI Attorneys are skilled in reducing the penalties for our clients as well as getting the charges dismissed. Do not just plead guilty and accept these penalties. Call us for a free case evaluation and just listen to your options!

Defenses to Second DUI Charges in Chickamauga

As explained above, there are always Georgia DUI defenses that your attorney can use to create holes in the State's case against you. The prosecution is tasked with proving your guilt beyond a reasonable doubt. Our job as Chickamauga DUI Lawyers is to create doubt so there is no way for you to be convicted. We do this by conducting an extensive review of your case. We file motions seeking for evidence to be suppressed. We review witness statements, police reports, case law, and BAC results to see how we can make the law work in your favor!

Sometimes, a successful defense to DUI is often a challenge of the officer's initial stop of the vehicle. An officer's decision to stop your vehicle cannot be based only on a “hunch.” If it is determined that the stop was illegal, the subsequent arrest for DUI will be illegal.

In addition, in order to arrest you, the office must have probable cause to believe that you were under the influence of alcohol or drugs to the extent that you were less safe to drive. Probable cause can be supported by the officer's observations of intoxication such as the smell of alcohol on your breath, open containers, slurred speech, bloodshot eyes, and your performance on field sobriety evaluations. If the evidence only shows that you were intoxicated but not to the extent of impairment, probable cause to arrest may not exist. If no probable cause existed to legally arrest you, the arrest itself may be suppressed along with any chemical tests you submitted to.

Another way we attack the State's case is by challenging the results of the breath test. We investigate whether the testing device received proper maintenance or if the person who administered the test was qualified. If the person who administered the test was untrained or the device was not maintained, then the results of the test can be excluded from the evidence.

These are just a couple of ways our Chickamauga DUI Lawyers will fight for you! There are a plethora of other defenses they will explore based on the specifics of your case. Call us now to get the process started.

Chickamauga Municipal Court

If you were arrested for DUI within Chickamauga city limits, your case will proceed in Chickamauga Municipal Court. The Honorable Judge Winston Webb presides over the Court. Court is held at Chickamauga City Hall located at 103 Crittenden Avenue, Chickamauga, GA 30307. For more information, call 706-375-3172.

Contact Our DUI Attorneys in Chickamauga Today

No matter if this is your first, second, or third DUI charge, there are always DUI defenses we can use to challenge the State's case against you.With decades of DUI experience, our Chickamauga DUI Lawyers will leave no stone unturned in your case. Call now and get our team started working on building a robust defense for you!

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