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More Than 30 Years of Experience 770-515-0951
DUI cases have serious legal and practical consequences. Many laws apply to DUI charges in Lamar County. However, the outcome of a DUI case will depend on the application of those laws to the specific facts of the case. At Miller North & Brill, we focus on legal analysis, attention to detail, and understanding Georgia DUI laws as they are applied in court. A Lamar County DUI lawyer at our firm can represent your case.
Miller North & Brill is a specialized defense firm that dedicates its practice to defending those accused of crimes across Georgia. We understand the courts in Lamar County, including the Lamar County Courthouse. This courthouse, located at 326 Thomaston Street, Barnesville, GA 30204, hears most DUI cases at the county level. Let our criminal defense attorneys guide you with a strategic, detail-oriented defense that focuses on the facts and law of your case.
Georgia law lists several ways that a DUI charge can be brought against a person. A DUI is not defined as one thing. A DUI charge can be issued if a person:
A person lawfully arrested for DUI must take a chemical test to determine their blood alcohol level. Refusal to submit to a chemical test will result in license suspension separate from the DUI itself.
There were 1,615 traffic fatalities and 1,491 fatal crashes on Georgia’s roads. A driver with a blood alcohol content (BAC) of 0.08+ g/dL was involved in almost 26% of fatal crashes, while a driver under the influence of drugs was involved in 10%. In Georgia, alcohol-related road fatalities accounted for 27% of all traffic fatalities, compared to 30% nationwide.
Typically, a DUI arrest triggers two separate processes. One is the actual criminal case, and the other is what’s known as the administrative license process. Each starts pretty much immediately after an arrest. Both processes have deadlines and requirements, and each can lead to penalties.
Usually, a person is taken into custody, processed, and either released or held until bail is arranged. Once a DUI arrest has been made and the defendant has been booked, the DUI charge will begin to progress through the court system. This progression may include arraignment, pretrial hearings, and a possible trial.
The DUI arrest also triggers Georgia’s implied consent law. Depending on whether the driver took or refused chemical testing of their blood, breath, or urine, the state may begin an Administrative License Suspension (ALS) proceeding. The ALS process is separate from the criminal DUI case. The initial stages of a DUI case typically involve an evaluation of the traffic stop, an investigation, field sobriety testing, and chemical testing.
Once you have been charged with a DUI in Lamar County, there are certain steps you should take early in the DUI process. It’s crucial to know about important deadlines, particularly those impacting your driver’s license. These deadlines can occur within days of your arrest.
Second, it’s helpful to know that each aspect of a DUI case must meet certain legal requirements. They can also impact how a DUI case progresses.
When you hire a DUI lawyer, you can have your DUI evaluated by someone who knows how Georgia DUI laws apply to the facts involved in your case. DUI cases can involve a variety of legal issues as well as technical issues, which can include whether there was probable cause to initiate the traffic stop. Your attorney can also investigate how testing was administered and how evidence was gathered.
When you hire a Lamar County DUI attorney to represent you in your DUI case, they can evaluate all the facts. Then, they can determine if there are any issues with how the state has or has not fulfilled its burden of proof.
It’s rare that DUI cases get thrown out in Georgia. Most people get them reduced or plea down, and others get convicted. They usually get thrown out if there is a serious problem with the stop, testing, or evidence. Every DUI case turns on its own facts and the application of the law.
There is no set number of drinks that will get someone to a BAC of 0.08. It varies from person to person based on weight, metabolism, sex, and rate of consumption. Some people might hit 0.08 with only two or three drinks, but someone else might not hit it until they’ve had more. For that reason, you cannot predict someone’s BAC just by knowing how many drinks they’ve had.
Georgia does not have a mandatory sentence for a first DUI conviction. Standard penalties include, among others:
State law does require a minimum sentence of 24 hours in jail. However, judges typically give jail sentences that recognize time served after arrest. Your sentence will vary, depending on your particular situation.
The least amount of jail time you can serve for a first DUI conviction in Georgia is 24 hours. The maximum sentence for jail time is one year. Most offenders receive credit for time served after being arrested. Multiple offenders are sentenced to further mandatory jail time. Repeat offenders are also likely to face longer sentences, depending on their previous history and the circumstances of their case.
If you have been charged with a DUI in Lamar County, an attorney at Miller North & Brill can help you through the legal process. Contact us today for more information.
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