Gainesville GA DUI Attorney
At The Law Offices of Richard S. Lawson, our Gainesville DUI Lawyers are decided to getting excellent results for you. If you have been charged with DUI in Gainesville GA or anywhere else in Hall County, you must hire a competent, experienced DUI attorney fluent in DUI law. Our lawyers have been practicing DUI defense for over 25 years, and are committed to protecting your rights at all times. Our Gainesville GA DUI Attorneys will relentlessly fight to win your case in court! Call now for a free case evaluation.
ALS Hearings in Gainesville GA
An Administrative License Hearing (ALS) is a hearing where the Department of Driver's Services attempts to prevent you from driving until the case has been resolved. In Georgia, you have the choice to file an appeal of your licenses suspension or choose to install an ignition interlock device on your automobile. However, this appeal must be sent within 30 days of your arrest. If you choose not to do either, then your license will be suspended for 12 months. After your arrest, it is critical that you speak with a DUI Lawyer in Gainesville to make sure your license is protected. We will file the 30-day letter for you within 30 days and protect your driving privileges.
DUI Process in Gainesville GA
DUI cases typically begin with an arrest from Gainesville police officer, a Georgia State Patrol officer, or an officer from Hall County Sheriff's Office. After you are arrested, you will want to bond out of jail as soon as you can. You can get out of jail using a cash bond, a bonding company, or a property lien.
When you are finally out of jail, you will need to start thinking about your defense. Our Gainesville DUI Lawyers know how to create DUI defenses that will bring the best outcome. A DUI arrest does not make someone automatically guilty. Finding potential defenses and alternatives can be crucial at the beginning of the court process.
Your DUI Arrest Can Be Challenged
We can challenge your arrest for DUI in three stages, the first of which is the initial stop. You cannot legally be stopped by law enforcement if you are not breaking the law or driving in an erratic manner. There may even be video evidence that shows how you were driving. We can obtain that video and analyze it to determine if the allegations of the officer are consistent with the video evidence. If your Gainesville DUI Lawyer can convince the judge that law enforcement had no reason to pull you over, your case could be dismissed.
The second stage that we can challenge is your arrest. The officer must have probable cause to believe that you have committed a crime before they can arrest you. Probable cause is determined by everything that led up to your arrest: your driving, the officer's observation of you, and how you performed on field sobriety tests. If your Gainesville GA DUI Attorney can show that the officer did not have probable cause to arrest you, your case could be dismissed.
Challenging the Field Sobriety Tests
There are some important things to know about field sobriety tests. Police often give suspects a “chance” to prove they are innocent by field sobriety tests. The real purpose of these tests is to get more evidence against you to use at trial. There are three types of standardized tests: the Horizontal Gaze Nystagmus test; the Walk-and-Turn, and the One-Leg Stand. Studies have been done that show these tests are the most accurate; when done properly. Law enforcement has to follow the correct procedures when administering these tests for them to be effective. Our DUI Attorneys in Gainesville Georgia know how to give these tests just like law enforcement. They know exactly what police should do as well as what they are looking for as clues of impairment. If we can show that field sobriety tests were done improperly, this can make the officer's testimony unreliable, and make it harder for the state to prove their case.
Challenging the Chemical Tests
Lastly, your guilt must be proven beyond a reasonable doubt. That is the highest standard of legal proof. That is where the court will look at the testing of your breath, blood, or urine that was done to determine your blood alcohol content (BAC). Just because the test might have shown you were above the legal limit, does not make you automatically guilty. The judge is required to look at (and consider) all of the evidence against you.
Your Gainesville DUI Lawyer will more than likely counter your chemical test result with other evidence that will raise doubt as to whether or not you were impaired.
Penalties for Your First DUI in Gainesville
Even though a misdemeanor is not a serious as a felony charge, the punishment for a DUI can have a significant impact on your life. A first DUI conviction in Gainesville Georgia can include:
- Fines between $300-$1,000
- 1-10 days in jail
- 12 months of probation
- 40 hours of community service
- Driver's license suspension
- Alcohol and drug counseling
- Mandatory drug and alcohol treatment program
- DUI school
If sentenced to probation instead of jail time, there will be monthly probation fees along with possible drug testing fees. Generally, the fines amount to over $1,000 after court costs and surcharges are added.
If convicted of DUI, that mark will stay on your record for the rest of your life. While community service and jail time will eventually end, your DUI conviction could impact you for the rest of your life. A DUI conviction on your record can make it difficult to obtain employment, apply for scholarships, or receive credit.
You Do Not Have to Face These Punishments
It is very important that you understand you do not have to face these harsh consequences. As experienced Gainesville GA DUI Attorneys, we will work hard to protect you from unnecessary consequences of DUI charges. We will help you decide whether filing the 30-day letter or installing the ignition interlock device is the best decision for your case. If we agree that the ALS hearing is the best decision, we will file the letter for you and handle the administrative license hearing without you having to take off work. The goal of this hearing is to stop the suspension of your Georgia driver's license. After that, then we will work on defending against the State's case against you. We specialize in driving under the influence law and have defended over 9,000 Georgia DUI cases. We will make sure you do not have serious and long term penalties for your first Georgia DUI case.
Gainesville GA Municipal Court
Gainesville GA Municipal Court handles cases involving traffic violations, city ordinance violations, and other misdemeanors, including DUI, that occur within the city limits of Gainesville GA. The Court is located at 701 Queen City Parkway, Gainesville, GA 30501. For any questions, contact the Court at 770-531-2668.
Our Gainesville GA DUI Lawyers have dedicated their lives to defending those charged with DUI. We understand the stress and complexities that coincide with a DUI charge and are prepared to assist with your case today. No matter if you have just been arrested and need advice on bail or bonds or your hearing is next week, we can help. Our DUI Attorneys in Gainesville GA have all the tools you need to be successful in your case. We are just as skilled in negotiating plea deals as we are taking your case to trial. Trust our Gainesville DUI Lawyers with your case today. Call us now for a free case evaluation.