Gwinnett County DUI Lawyer

Have you or a loved one been arrested for DUI? Crawford and Boyle, LLC, represents clients facing all types of DUI-related charges in Gwinnett, Walton, and Clarke County. Our DUI defense attorneys in Gwinnett County understand this can be a stressful situation and provide client-focused, personalized attention to every case.

Have you been arrested for a DUI? Call Crawford and Boyle, LLC, today at (678) 726-5400 or contact us online to schedule your free consultation with our DUI attorneys in Gwinnett County.

Georgia Implied Consent Law

In the state of Georgia, a DUI is commonly defined as operating a motor vehicle while under the influence of alcohol, drugs, or other substances that impair your capability to drive safely on the road. The legal limit in Georgia for blood alcohol concentration (BAC) is 0.08%. Under Georgia law, if you are lawfully arrested for driving under the influence while on Georgia roads, you have already consented to and are therefore required to submit to chemical testing. These tests include:

• Breath
• Blood
• Urine

When a police officer has lawfully arrested you for DUI, they are required to advise you of these tests by reading or reciting the "implied consent notice." If you then refuse to submit to testing, you could be subject to further penalties, including a mandatory license suspension.

The state of Georgia does not allow drivers to consult an attorney before making a decision about these tests. It is imperative that you contact Crawford and Boyle, LLC, as soon as possible to begin building your DUI defense.

DUI Penalties in Georgia  

Our Gwinnett County criminal defense attorneys are former prosecutors with more than 50 combined years of experience working DUI cases. We use this experience to provide quality defense for clients facing these kinds of charges, including first DUI offenses, subsequent offenses, felony DUI, underage DUI, and DUI drugs. We also handle severe DUI-related matters, such as vehicular homicide and serious injury by vehicle.

First Offense DUI

The penalties for your first DUI conviction may include:

• Up to 12 months in jail
• 12 months’ probation
• Up to a $1,000 fine
• One-year license suspension
• Ignition interlock device
• Alcohol evaluation and treatment
• 40 hours of community service

Second Offense DUI

The penalties for your second DUI conviction may include:

• Up to 12 months in jail
• 12 months’ probation
• Up to a $1,000 fine
• Three-year license suspension
• Ignition interlock device
• Alcohol evaluation and treatment
• 240 hours of community service

Third Offense DUI

The penalties for your third DUI conviction may include:

• Up to 12 months in jail
• 12 months’ probation
• Up to a $5,000 fine
• Five-year license revocation
• Ignition interlock device
• Alcohol evaluation and treatment
• 40 hours of community service

Fourth Offense DUI

The penalties for your fourth DUI conviction may include:

• One to five years in prison
• Fine of $5,000
• Felony charges

DUI in Georgia carries mandatory sentencing, meaning the judge must impose a specific punishment for any conviction. In addition, the indirect costs of a DUI can impact your life for years. You may find that your insurance premiums have increased or that you are unable to purchase car insurance at all.

Employment of any type can be difficult to find and maintain with a DUI on your record, a suspended license, or both. Our DUI defense lawyers in Gwinnett County provide personal service to every client.

Underage DUI in Gwinnett County

Similar to adult DUI, the state of Georgia takes underage DUI very seriously. However, unlike adults, where the legal blood alcohol concentration (BAC) limit is .08%, drivers under the age of 21 cannot exceed a BAC of .02%.

The penalties for underage DUI vary, but in general, they can include:

• Fines up to $1000
• Up to 12 months of Jail time
• Minimum 40 hours of community service
• Suspended license
• Mandatory rehabilitation courses

If your child is facing underage DUI charges, it is important to have an attorney that can help navigate the complex nature of your case. At Crawford and Boyle, LLC, our attorneys understand that every situation is unique and are ready to fight for not only your child's rights but also their future.

Defenses Against DUI Charges

There are several defenses against DUI charges in Georgia, but the most effective strategy will be dependent on the specific circumstances surrounding the case. Below are some possible defenses that could be used:

• Lack of Probable Cause: If law enforcement did not have a reasonable cause to pull you over or arrest you, your DUI charge may be dismissed. 
• Faulty Breathalyzer Test: If the breathalyzer that was used to measure your BAC was not calibrated correctly or was used inaccurately, the results may not be accurate. 
• Field Sobriety Tests: Field sobriety tests can be subjective and can be affected by several factors, including fatigue or nerves. If you fail a field sobriety test, you may be able to contest the accuracy of the test and reason that the results should be suppressed.
• Rising BAC: If your BAC was below the legal limit during the arrest but was above the legal limit when you were tested at the police station, you could be able to reason that your BAC was rising at the time of your arrest and that you were not intoxicated when driving.

If you are facing DUI charges, it's important to work with a DUI attorney at Crawford and Boyle, LLC, who can help you understand your legal options and help build a strong defense on your behalf.

Can a DUI Be Expunged in Georgia?

A criminal history can make getting and keeping jobs challenging. Expungement can help you get your life back on track.

In Georgia, expungement may be possible if:

• The accused can show that the records are inaccurate or incomplete
• The charges were dismissed, and there have been no other convictions in the past five years
• The accused was a juvenile

After expungement, the records cannot be accessed for general civil use. The laws are complicated, so it is important to have a skilled attorney to guide you through the process.

How Long Can a DUI Case Stay Open in Georgia?

DUI offenses in Georgia are subject to a two-year statute of limitations. If the State does not file a DUI case against the defendant within two years of the alleged DUI offense, the case will be time-barred.

Several factors can influence how long a DUI case remains open, including:

• the complexity of the case,
• the number of charges involved, 
• whether legal challenges or appeals are filed 

Furthermore, the defendant's willingness to negotiate a plea deal or take the case to trial also affects the duration of a DUI case.

Common Mistakes After a DUI Charge and the Role of an Attorney

When individuals are charged with a DUI, navigating the complex legal system and making informed decisions can be overwhelmingly challenging. Common mistakes include:

• Pleading Guilty without Exploring Legal Options: Many assume that pleading guilty is the only option, particularly if a breathalyzer test indicates a BAC over the legal limit. An experienced DUI attorney can evaluate the evidence for legal deficiencies and explore defenses that could mitigate the charges or even result in dismissal.
• Ignoring License Suspension Notices: Failing to respond to a license suspension notice can result in additional penalties and extended suspension periods. An attorney can assist in taking prompt action, potentially securing a limited driving permit for essential activities.
• Attempting to Represent Themselves: DUI law is complicated, and self-representation often leads to unfavorable outcomes. Attorneys skilled in DUI defense can negotiate with prosecutors, challenge the validity of the stop or the accuracy of the sobriety tests, and represent the defendant's interests effectively.
• Overlooking the Impact of a DUI on Future Opportunities: A DUI conviction can have long-lasting effects on employment prospects, professional licensing, and educational opportunities. Knowledgeable attorneys can advise on the long-term consequences of a DUI and strategize to minimize its impact.

An attorney plays a crucial role in helping individuals charged with a DUI to avoid these common mistakes. By providing expert guidance, a DUI lawyer can protect the accused's rights, challenge the prosecution's evidence, and work towards the best possible outcome for the case. With their support, individuals facing DUI charges can make informed decisions, understand the legal process, and strive to minimize the charges’ impact on their lives.

What Our Gwinnett DUI Defense Lawyers Do

Gwinnett DUI lawyers play a pivotal role in assisting those charged with DUI offenses to navigate the complexities of Georgia's legal system. With their in-depth knowledge of DUI laws and procedures, these attorneys are invaluable in safeguarding the rights of the accused while striving for the most favorable outcome. By leveraging their expertise and experience, a Gwinnett County DUI defense attorney can make the difference between severe penalties and potentially reduced or dismissed charges, ensuring their clients receive a fair and just treatment under the law.

Services provided by Gwinnett DUI lawyers and Georgia DUI attorneys include:

• Detailed Case Analysis: Conducting thorough reviews of the circumstances leading to the arrest to identify any procedural errors or rights violations.
• Evidence Evaluation: Scrutinizing the accuracy and legality of the evidence, including breathalyzer and field sobriety test results.
• Legal Representation: Offering professional representation in court hearings and at DMV hearings regarding license suspensions.
• Plea Negotiations: Negotiating with prosecutors to reduce charges or penalties, leveraging any weaknesses in the prosecution's case.
• Defense Strategy Development: Crafting a tailored defense strategy based on the specific details of the case and existing legal precedents.
• Legal Guidance and Support: Providing clear guidance through the legal process and emotional support during this challenging period.
• License Restoration Assistance: Helping clients to restore driving privileges and navigating the administrative requirements for license reinstatement.
• Expungement Information: Advising on the possibilities and procedures for expunging a DUI record, when applicable, to mitigate long-term consequences.

Contact Our DUI Attorney in Gwinnett County Today

A DUI case in Georgia has a statute of limitations of two years, but the length of time a case remains open can vary based on various factors. A Gwinnett County DUI attorney can help protect your rights and guide you through the legal process if you are facing a DUI charge.

Contact Crawford and Boyle, LLC, today to get started on your defense with our Gwinnett County DUI lawyer.