If you have been accused of DUI you may be unaware of the consequences of a conviction (even if it’s a first conviction). All is not lost if you submitted to the field sobriety tests, the roadside breath test, admitted you had alcohol/drugs and blew over the legal limit of .08. Atlanta DUI attorney Lisa Wells formerly prosecuted DUI’s and now defends them. She is an aggressive DUI lawyer who has undergone the same training as Police Officers who are certified in DUI detection. Atlanta DUI lawyer Lisa Wells understands the system from the inside out and will protect your rights.
There are two types of DUI charges. One is called a DUI Less Safe and the other is DUI Per Se.
- DUI Less Safe – A DUI less safe means that the State must prove that your driving performance was less safe due to alcohol impairment. An experience DUI attorney will know what driving clues indicate that you are impaired and what factors do not indicate impairment. If you refuse the Intoxylizer 5000 breath test, you will most likely be charged with a DUI less safe.
- DUI Per Se – In a DUI Per Se, the State must prove that you were driving with a blood alcohol content of .08 or above or an illegal amount of drugs in your system. This is determined by chemical testing of your blood, breath or urine. You will be per se if you have any amount of illegal drugs in your system.
> Commercial Drivers – For those that have a CDL, the per se amount for a DUI is .04. If you value your commercial drivers license, hire the best Atlanta DUI lawyer you can to beat these charges.
> DUI under 21 (underage drivers) – If you are under 21, the per se amount to be over the legal limit is only .02. If you are convicted, you could lose your license for two years. Do not think all is lost, hire a good and experienced DUI lawyer so you can have a chance at a future and to get your drivers license back!
- Eye Test (HGN or Horizontal Gaze Nystagmus) – The officer is looking for involuntary jerking of the eyes. Many people feel they “passed” this test but have no way of knowing whether they did or did not. An experienced DUI attorney can review the video and determine if the police officer conducted the test properly. If the office did not, this test could be thrown out! This is a critical part of the field sobriety tests since it is deemed the most reliable part of the field tests.
- Walk and Turn – The officer is looking for your ability to follow instructions and your performance. A top DUI attorney knows that the officer must properly explain and demonstrate what to do. If the officer does not your performance could be affected and your case strengthened!
- One Leg Stand – You must hold your foot up as long as possible without putting it down while you keep your arms by your side, count out loud and not sway. The officer must properly explain that. An excellent DUI attorney makes sure the officer does that. Otherwise, you may not know how to properly perform the test and that cannot be used against you!
- Breath Test – There are two breath tests, the one in the field (PBT or Portable Breath Test) and the one at the station. The number you blew into the PBT is inadmissible in court! The one at the station is done on the Intoxilyzer 5000. As of December 31, 2015, the Intoxilyzer 5000 will no longer be approved for breath testing and the Intoxilyzer 9000 will be used. There will be a three-year transition plan. That means it is harder to get parts for the old equipment and an experienced DUI attorney can evaluate if equipment used in your case was calibrated correctly or may have produced an inaccurate result. Other factors may affect your breath test results such as reflux, dieting, time and amount and food you ate, medical conditions, gender and weight. An experienced criminal defense knows how to evaluate your case, deal with the courts, work with the judges, police officers and the prosecutors. Hiring a Lisa Wells as your DUI attorney gives you an advantage in your case.
DUI penalties in Georgia (even for a first conviction) can be harsh. You can face mandatory jail time, lose your license for a year, be subjected to a drug and alcohol evaluation, possible treatment, DUI classes, harsh fines and probation for a year with monthly probation fees and community service. If your insurance company does not drop you as a client, your rates could increase dramatically. You will have a permanent record which may cost you employment opportunities. A second DUI within a 10 year period carries much more burdensome and debilitating consequences such as mandatory surrender of your license plate, mandatory installation of a ignition interlock device after the mandatory suspension, more jail time and harsh fines. The penalties get worse with a third DUI conviction and even worse for a fourth DUI conviction.
- Ten Day Rule – When you are arrested for a DUI you have only 10 business days from the date of your arrest to request a hearing. Time is critical in evaluating and hiring the best DUI attorney. After you are arrested, the officer will file a report to suspend your license for a year if you refuse the Intoxilyzer breath test or if you blow over the legal limit of .08. This hearing is actually a civil hearing ONLY to restore your license until your case is adjudicated and is separate from the case you will have in court where the State of Georgia is charging you criminally. Atlanta DUI attorney, Lisa Wells, make sure you get a hearing and will provide an aggressive defense to help restore your driving privileges.
- Suspension upon a guilty plea – Upon a plea of guilty to a DUI, your driver’s license shall be suspended for 12 months. However, an experienced Cobb County DUI attorney knows how to obtain a temporary work permit and reinstatement of your license.
If you have been wrongly accused of DUI, attorney Lisa Wells is a Cobb County DUI attorney who will protect your rights and advise you on your best options. Lisa will work hard to get your case reduced so you do not carry the permanent record of a DUI conviction. Lisa will also fight for you to be able to keep your driver’s license so that you can continue to work, go to school and attend to medical issues.
Atlanta Criminal Defense Lawyer
The punishments increase if injury or death occurs in an alcohol related accident. If you are arrested in Fulton County, Atlanta DUI attorney, Lisa Wells will expertly guide you through initial arrest, arraignment negotiated plea or trial and will seek to get your charges reduced or dropped. A top Atlanta DUI defense attorney will look for ways to challenge the evidence and will examine the officer’s rush to guilt if our investigation reveals that an arrest was made too quickly.
Lisa handles DUI’s in Dekalb County, Fulton County, Cobb County, Cherokee County, Douglas County, Gwinnett County Bartow County, Paulding County, and other surrounding counties and municipalities.
Schedule a free consultation with Lisa Wells. You do not know how your case looks from a legal perspective until you meet with an experienced DUI lawyer.
Take advantage of the opportunity to meet with a compassionate lawyer who listens, gives personal attention and will fight for you. Once you hire Lisa Wells, you will have direct access to her via her cell phone and will never be screened by office staff.
Contact our office now at 770-255-3701 or email us at firstname.lastname@example.org to set up an appointment.