Fulton County DUI Lawyer

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Fulton County, GA DUI Attorney

If you were arrested for driving under the influence of drugs or alcohol, talk to a Fulton County DUI lawyer. Certain circumstances may elevate your DUI charge to a felony, and even if you are facing a first DUI offense, an attorney on your side improves your chances of lighter penalties within the court process.

At Miller North & Brill, our attorneys prioritize helping those with criminal charges with our qualified legal guidance. We are prepared to represent you no matter how complex or serious the details of your case may be. Our lawyers are also available to help with the appeals process for those dealing with an unjust conviction.

DUI Laws and Potential Punishments in Georgia

As it is in most states, you may be charged with a DUI offense if you were found in control of a motor vehicle with a blood alcohol content (BAC) of 0.08 or above or under the influence of illegal substances or an excess of a prescribed drug. The same law applies for minors under the legal drinking age, except arrest will result from a BAC of 0.02 or higher. Drivers of commercial vehicles will be charged with a DUI if their BAC level is 0.04 or more.

Additionally, in Georgia, you may be charged for driving while intoxicated even if your BAC is within the legal limit. A driver can be convicted for a “less safe DUI” violation if they refused the breathalyzer test or if the prosecution can provide evidence their driving ability was diminished, even when their BAC was found to be less than 0.05.

Most DUI charges, such as a first DUI conviction, are deemed misdemeanors and will typically receive penalties, while still serious, that are less severe than those of a felony crime. Possible penalties for a first DUI include a license suspension between one and three years, paying $300 up to $1,000 in fines, and at least 40 hours of community service.

Defendants found guilty can also face between 10 days to one year in jail and 12 months of probation; jail time can sometimes potentially get cut short, but completing the full probation period is mandatory. Punishments for a second DUI conviction are similar: a minimum of 90 days to one year in jail, between $600 and $1,000 in fines, and community service for at least 30 days.

What Makes a DUI Offense a Felony Instead of a Misdemeanor?

A DUI offense will be deemed a felony if the driver fled the scene of the accident if their behavior results in vehicular homicide or in the serious injury or death of another person, including an unborn child; DUI accidents that cause the other party injuries that lead to their eventual death are also included. A third DUI offense and any subsequent DUI charges within a 10-year period are also classified as felony crimes.

Felony convictions in Fulton County require more severe punishments. For example, a fourth DUI conviction is a felony that can result in penalties such as prison time between one and five years, paying up to $5,000 in fines, five years of probation, and 60 days of community service. Additionally, you may be required to attend treatment and/or DUI education programs.

Possible Defense Arguments in a DUI Case

Possible defense arguments in a DUI case may include faulty or inaccurate breathalyzer testing, illegally obtained evidence by the officer or prosecution, insufficient evidence proving the defendant’s driving was less safe due to intoxication, and the accused having medical conditions that could make them appear impaired or to fail field sobriety tests.

Criminal attorneys preparing for a drunk driving defense may approach the case with various strategies and arguments; a skilled DUI lawyer will know the most appropriate method of action for your exact situation.
Other unlawful actions from police officers before and during the arrest or any violations of your constitutional rights may also weaken the case against you.

FAQs About Fulton County, GA DUI Laws

How Much Does a DUI Lawyer Cost in Georgia?

A DUI lawyer in GA costs differently depending on the charges, how complicated the case is, if it requires going to trial or not, and the skill level and years of experience of the attorney.
Many criminal defense lawyers in Fulton County will charge an hourly rate between $100-$500 on average, and some may additionally require a retainer fee upfront. For some cases that are uncomplicated, they may charge a flat fee for their services.

Should I Get a Lawyer for My First DUI in Georgia?

Yes, you should get a lawyer for a first DUI in Georgia since a misdemeanor conviction still carries serious penalties that you may be able to avoid. Potential punishments include paying fines up to $1,000, a suspension of your driver’s license, up to 10 days in jail, probation, counseling and treatment programs, DUI school, and community service.

How Do You Beat a DUI in GA?

Beating a DUI charge in Georgia is never guaranteed, but having a quality criminal defense lawyer helps your chances of getting the charge dismissed or reducing the penalties. Some common DUI defenses include that the law enforcement officer lacked probable cause for pulling you over for suspicion of intoxicated driving and that breathalyzer/field sobriety tests were incorrectly administered, faulty, or resulted in an inaccurate result.

What Is the Statute of Limitations on a DUI in Georgia?

In Georgia, the statute of limitations on a DUI charge is two years from the date of the incident; this means the prosecution must formally file charges within two years, and failing to do so means they cannot move forward with the case against you. However, felony DUI charges have a statute of limitations of four years.

Don’t Accept the Maximum Punishment – Seek the Help of an Attorney

At Miller North & Brill, our lawyers are experienced in representing clients facing DUI charges from a wide array of circumstances and backgrounds. We are skilled and ready to get your specific case under review. Schedule a consultation with one of our defense lawyers today to begin building a strong defense.