Because of the growing influence of groups like Mothers Against Drunk Driving (MADD), Driving Under the Influence cases are being prosecuted like never before. The police are out in special task forces dedicated solely to making arrests for DUI, and prosecutors are increasingly reluctant to agree to dismiss or reduce a Driving Under the Influence charge. This is why it is crucial for you to have an Atlanta DUI attorney who knows the ins and outs of DUI law, and who knows how to successfully challenge the evidence that will be offered against you.
Generally, there are two ways to be convicted of Driving Under the Influence in Georgia. A person is guilty of DUI if they operate a motor vehicle with a blood-alcohol level of 0.08 grams/liter or more. A person is also guilty of Driving Under the Influence if it can be proven that the alcohol (or other substance, such as marijuana or some other drug) consumed made the person a less safe driver, regardless of how much was consumed. Keep in mind there are different, special rules for drivers under the age of twenty one (21) and people driving commercial vehicles.
Too many people (including many lawyers) in deciding what to do with a DUI case look only at the breath test results. This approach can be disastrous. Just because there may be a breath test in your case does not automatically mean you can be convicted.
How does Andrew B. Margolis defend a Driving Under the Influence Case?
In defending your case, Atlanta DUI attorney Andrew Margolis will look beyond the breath test and start by examining the reason you were stopped in the first place. In many cases, police officers, especially those who are out on the road specifically to look for drunk drivers, will stop vehicles without a valid reason to do so. If we can show a judge that this has happened in your case, then any evidence collected after the stop may be thrown out. Perhaps you were caught in a roadblock? Many times these roadblocks are set up and operated improperly. Were you forced or coerced into talking to the officer about how much you may have had to drink, or into giving field sobriety tests? If you performed field sobriety tests, did the officer administer them correctly? Did the officer give you a chance to explain about any medical or physical issues that may have interfered with your ability to take the tests? Is there any evidence at all to suggest you may have been impaired? Atlanta DUI attorney Andrew Margolis knows what to look for, and will aggressively protect all of your Constitutional rights.
Additionally, it is important to know that if you refused the breath test, or your breath test results were over 0.08, your drivers’ license will be automatically suspended. You only have ten days from the date of your arrest to contest that administrative suspension. DUI Attorney Andrew Margolis will appeal that suspension and make it possible for you to continue to drive pending the outcome of an administrative hearing on the issue.
Although in most cases Driving Under the Influence is a misdemeanor, even a first conviction carries mandatory jail time and a license suspension. In addition, a conviction for DUI, even for a first offense, carries mandatory probation, heavy fines, mandatory community service and other requirements. If you are charged with Driving Under the Influence, you need an attorney who has the knowledge, experience and determination to explore every possibility. Call The Margolis Legal Group, P.C. for a free consultation with an Atlanta DUI lawyer or Gwinnett DUI lawyer today. We represent clients in Atlanta, Cobb, DeKalb, Gwinnett and throughout Georgia.