Oglethorpe County DUI Lawyer
If you or a loved one has been arrested for driving under the influence (DUI) in Oglethorpe County, you need to call an experienced lawyer today. Our Oglethorpe County DUI Attorneys specialize in DUI cases and have handled DUI cases for over 25 years.
DUI Charge in Oglethorpe County
Georgia DUI laws are complicated and DUI defense is a specialty. An arrest for DUI usually initiates two separate cases. The first case is a criminal case and while the second case is a Department of Motor Vehicle case. Those arrested for drunk driving who hold professional licenses (attorneys, physicians, nurses, physical therapists, teachers, CPA's, pilots, stock brokers, bankers, veterinarians, dental hygienists, x-ray technicians, or other professionals) are at risk of having an additional case initiated by the board or commission which issued the license. This additional case may impact a person's license to practice their profession or affect their employment. The importance of hiring an experienced DUI lawyer in Oglethorpe cannot be overstated. Call now for a free case evaluation.
Oglethorpe County DUI Punishments
DUI is treated as a serious crime in Oglethorpe County and throughout Georgia. Every county and city has a particular way of punishing people who have been convicted of driving under the influence.If a person is arrested for DUI, a criminal arrest record will be created. If convicted, the record of conviction may be viewed negatively by present and future employers and can also impact a person's educational and professional opportunities. A person who is convicted of DUI is also subject to harsh criminal consequences, such as jail time, fines, license suspension, DUI school, and probation. These penalties can be enhanced if the driver had a child in the car, refused the State mandated testing, or had prior DUI convictions.
Oglethorpe County DUI Defenses
Most people who are charged with DUI are left confused and feeling helpless; however, it is crucial to remember that you are innocent until proven guilty. With certain defenses, you have an opportunity to maintain your innocence, challenge the evidence presented against you, and avoid harsh legal consequences. Believe it or not, there are many Georgia DUI defenses available to you. Some of the defenses include but are limited to:
Failure to Read Miranda Rights: If the arresting officer failed to read you your Miranda Rights, statements you made after your arrest can be excluded from evidence. According to Georgia law, a police officer must read you your Miranda rights if they hold you in custody and question you about the events prior to your arrest.
Lack of Probable Cause - Before law enforcement can arrest you for DUI, they must have probable cause. Probable cause is a reasonable belief that a crime was committed. This means that an officer must have a reason to believe that the accused was drunk and operating a motor vehicle before they can make a legitimate arrest.
Unlawful Traffic Stop: A police officer can only make a traffic stop for a suspected DUI if they observe specific driving behaviors. If the officer fails to provide justifiable reasons for the traffic stop, the accused is entitled to a “suppression hearing.” At the suppression hearing, a judge will decide if the police officer met the standard for a legitimate DUI stop. If not, the entire DUI case can be dismissed.
Inaccurate Field Sobriety Test Results: Often people are not able to perform the field sobriety tests (FST) to an officer's expectations. A person may fail the field sobriety tests due to fatigue, weather conditions, lack of direction, or nervousness. All of these factors can impact the results of FST performance, even if the person is sober.
False BAC Readings: A breath alcohol test can report high readings if alcohol is still being absorbed into a person's bloodstream. When alcohol absorbs into the bloodstream, it is called the absorption phase. The absorption phase can last up to 3 hours after the person has finished drinking. If a breath test is administered during this phase, results will likely be false.
Oglethorpe County Superior Court
Oglethorpe County Superior Court has exclusive jurisdiction over all felony DUI cases. In addition, if your case began in Probate Court and you request a jury trial, your case will be bound over to Superior Court. The Court is located at 111 West Main Street, Lexington, GA 30648. For more information, call 706-743-5731.
Oglethorpe County Probate Court
Oglethorpe County Probate Court handles DUI cases that originate within the county limits. The. Honorable Judge Kayla Miller presides over the Court. The Court is located at 109 Boggs Street, Lexington, GA 30648. For more information, call 706-743-5350.
Contact Our DUI Attorneys in Oglethorpe County Today
Our desire as DUI Lawyers in Oglethorpe County is to minimize your chances of a DUI arrest and conviction. However, we are here and ready to assist if you found yourself charged with a DUI. Our office is open 24 hours a day, 7 days a week to answer your call. Contact us today for a free case evaluation.