McCaysville DUI Lawyer
Getting arrested for DUI can be an extremely frightening and troubling experience. Those of us who may never have even gotten so much as a traffic ticket can find us in a world of trouble and aggravation due to a DUI arrest. Dealing with the police, courts, probation officers, embarrassment, and even jail time can make one feel like there is no hope. If this is you, contact our DUI Attorneys in McCaysville today. With over 25 years of experience and over 5,000 clients represented, we will get the best possible outcome for your case. Call now for a free case evaluation.
Georgia DUI Laws
Georgia law O.C.G.A. §40-6-391 states that it is against the law for any person to drive a motor vehicle in the state of Georgia while they are under the influence of alcohol or drugs. It is not necessary for a person who has been stopped on suspicion of driving under the influence to display the signs one would typically associate with someone who is under the influence. Just the fact that a chemical test shows a blood alcohol concentration level of .08% or greater will get you arrested for DUI in the state of Georgia. This is called DUI per se.
It should also be noted that a person could still be arrested for driving under the influence in the state of Georgia even if their blood alcohol concentration level is below the legal limit of .08% just by displaying signs that are consistent with a person who is under the influence of alcohol or drugs. This is known as DUI less safe.
When an officer stops someone on suspicion of DUI in Georgia, the officer is already starting to build a case against that person by observing their driving patterns prior to initiating the DUI stop. If the officer has established reasonable grounds and suspects that someone is under the influence, the officer is liking going to request that the driver perform field sobriety tests. Please note, you are not required by law to submit to field sobriety tests! If the officer asks you to participate in the tests, kindly refuse the request.
When an officer places you under arrest for a DUI offense, two cases have begun against you. You or your DUI Lawyer in McCaysville only have 30 days from the date of arrest in which to request an Administrative License Suspension (ALS) if you wish to challenge the suspension of your driver's license.
Failure to request a hearing in writing to the Georgia Department of Driver Services within 30 days from the date of arrest will result in the suspension of your license being upheld and you will not be granted a hearing after this date. It is very important that you hire a McCaysville DUI lawyer who has experience when it comes to representing clients at administrative hearings if you hope to have any chance of having the suspension dismissed.
First DUI Penalties in McCaysville
A first offense DUI conviction in McCaysville is a misdemeanor offense and carries the following penalties:
Jail time: You could receive a jail sentence as high as 12 months depending on the circumstances of the DUI.
Fines: A first offense conviction may result in a fine of up to $1,000 plus all associated court costs.
License Suspension: A failure to request an ALS hearing or refusing the breath test can result in a license suspension.
DUI Course: You may be required to complete a DUI course.
Probation: You may be required to compete community service hours.
McCaysville Municipal Court
If you have been arrested for DUI in McCaysville, your case will proceed in McCaysville Municipal Court. Court is held on the third Thursday of each month at McCaysville City Hall located at 233 Blue Ridge, Drive, McCaysville, GA 30555. For more information, you can call 706-492-4921.
Contact Our DUI Attorneys in McCaysville
Our McCaysville DUI Attorneys are available 24 hours a day, 7 days a week to help you when you are charged with DUI. You only have 30 days to protect your right to drive. Call now to start your DUI defense. We are here when you need us the most.