Cumming DUI Lawyer

Defending Clients Who Have Been Arrested for A DUI in Georgia

Each year, thousands of individuals are involved in car accidents that are caused by intoxicated drivers. In fact, the numbers are so high that Georgia law enforcement personnel are always on the lookout for drivers operating vehicles under the influence. While their intentions of keeping the roads and highways safe for motorists are mostly good, their actions can sometimes violate individuals' rights and result in drivers being wrongly accused. If you have been charged with DUI, you need to contact a Cumming DUI defense lawyer immediately.

Have you been arrested for a DUI? Contact Richman Law Firm today to schedule a free consultation with a skilled DUI attorney in Cumming. "From day one, we knew AJ was the right choice. Our son needed a great attorney and AJ and his team surpassed that. We were made to feel like we were his only priority." Click here to read more of our testimonials!

What are the Penalties for DUI in Georgia?

While the specifics of your case can greatly alter the penalties you are facing, if you are tried and convicted of DUI, you may face similar consequences as follows:

First-Time DUI Conviction

• At least 40 hours of community service required
• Up to 1 year of license suspension
• Fines ranging between $300 and $1,000
• Up to 1 year in jail

Second-Time DUI Conviction

• Mandatory ignition interlock device installation in your vehicle
• License suspension for 3 years
• Completion of an alcohol treatment program
• Up to 1 year in jail

Third-Time DUI Conviction

• Up to 12 months in jail
• Between $1,000 and $5,000 in fines
• License suspension for up to 5 years
• Completion of a treatment program for alcohol

What Are the Long-Term Consequences of a DUI Conviction

A DUI conviction can have far-reaching and enduring consequences that extend well beyond the immediate legal penalties. Firstly, the impact on one's driving record can be long-lasting, often resulting in significantly higher insurance premiums for several years. Moreover, a DUI conviction can have serious implications for employment opportunities, as many employers conduct background checks and may be hesitant to hire individuals with a criminal record.

Additionally, it can strain personal relationships and damage one's reputation within their community, as a DUI carries a social stigma. Beyond these immediate concerns, the emotional and psychological toll of a DUI can persist, causing stress, guilt, and anxiety. It's crucial to recognize that the consequences of a DUI conviction can linger for years, serving as a powerful incentive to prioritize responsible and safe driving behaviors.

How Long Does a DUI Stay on Your Record in Georgia?

One of the primary concerns for individuals who are facing DUI charges is the long-term impact on their criminal record. In the state of Georgia, a DUI conviction typically stays on your criminal record for the rest of your life. Unlike some states that may allow for expungement or record sealing after a certain period, Georgia has stringent rules regarding the expungement of DUI convictions. As a result, the conviction will likely remain on your record indefinitely, affecting various aspects of your life as mentioned above.

Field Sobriety Tests

The Standardized Field Sobriety Test (SFST) is made of up 3 individual tests:

• Horizontal Gaze Nystagmus (HGN) test - During this test, the officer will move a pen or small object back and forth and observe the person's eyes to look for signs that they are under the influence.
• Walk-and-turn test - Here, the officer instructs the person to take walk in a straight line, turn around and then return back.
• One-leg stand test - For this test, the officer instructs the person to stand with one foot in the air and hold it until told to put it down.

What Do Officers Look For When Using The SFST?

The officer is using these tests to look for signs like loss of balance or not following directions to determine if the person is under the influence while operating their vehicle. Additionally, officers may ask questions to assess an individual's memory and alertness. Further testing may be conducted if any of these signs are present to determine if there is probable cause to arrest.

Georgia Implied Consent Law

Under Georgia law, while operating a vehicle, you have given your "implied consent" to submit to chemical testing of your breath, blood, or urine to determine your blood alcohol concentration (BAC) if you are arrested for a DUI. You do have the right to refuse these tests but this will lead to an automatic suspension of your license

If you test over the legal blood alcohol concentration (BAC) limit, or if you refuse to take a chemical test to record your BAC level, Georgia allows its Department of Driver Services (DDS) to suspend your license automatically. Stopping this automatic suspension of your driver’s license should be a priority, as the inability to drive when and where you want is often seen as the worst consequence of a DUI conviction. Call 678.829.2826 to talk to me – a Forsyth County DUI lawyer – about how to fight for your license.

How To Prevent Your Georgia License From Being Suspended

Due to a legal update in Georgia, there are two ways you can try to stop license suspension:

1. Filing an appeal: You have 30 days from your arrest to file an appeal against the automatic suspension of your driver’s license. When approved, an administrative hearing judge will review your statements, driving record, and any information provided by the arresting officer to see if your license suspension would be unjustified.
2. Requesting an IID: An ignition interlock device (IID) will not permit you to drive your vehicle if you have had an alcoholic beverage recently. In July 2017, Georgia law was changed to allow drivers to petition to get an IID installed in their cars for at least 12 months to stop the automatic suspension of their license. Once again, you only have 30 days to request the IID installation after your date of arrest. If approved, you will have another 10 days to have the IID installed by a certified technician.

Many Georgia drivers are now considering petitioning for an IID after a DUI arrest but it is important to first discuss options with a DUI defense lawyer. For some people with a strong defense case, it might be the wiser choice to appeal against the suspension instead.

Georgia BUI Laws

Georgia law states that any individual who operates, navigates, steers, or drives any moving vessel under the influence of alcohol will be subjected to a criminal charge. This applies to boating under the influence (BUI) as well. In addition to driving under the influence, law enforcement officials are always looking to stop boaters from operating their vessels under the influence of drugs or alcohol. If you have been arrested and charged with BUI, you could be facing serious penalties. At my firm, I can fight to protect your rights and help build a personalized strategy to provide you with the best possible outcome for your situation.

Underage Drinking in Georgia

Georgia, like the rest of the US, has a legal drinking age of 21 years old. This means it is illegal for anyone under that age to consume or possess alcohol. If you are a college student, an underage driver, or any individual who is facing a DUI charge or penalty, you need to work with Richman Law Firm. A criminal conviction for underage drinking could result in fines, jail time, and mandatory alcohol awareness courses. It could also greatly affect your future. Most universities do not tolerate underage drinking. You may lose your scholarship, your acceptance may be rescinded, you could be denied housing, or you may not be allowed to attend graduation. It is important that you contact Richman Law Firm right away to protect your future.

Contact A Skilled DUI Attorney in Cumming Today 

Many factors could alter your penalties, including refusing to take a breath or blood test or being involved in an injury-causing accident. In order to protect your rights, your future, and your driving privileges, it is important that you contact Richman Law Firm as soon as possible. I can take the time to fully review your situation and develop a personalized strategy to help you achieve the best possible resolution to your case.

I served as a senior DUI prosecutor and am certified in field sobriety testing. I also teach law enforcement about standardized field sobriety laws and regulations. I can use this experience to ensure that your case receives a favorable outcome. You have 10 days after an arrest to schedule a hearing that can help protect your license, and you can have an attorney present. It is recommended that you call me for help today.

Contact Richman Law Firm today to schedule a complimentary consultation with an experienced Cumming DUI lawyer.