Forsyth County DUI Defense Lawyers
Georgia does not deal lightly with drunk and drugged drivers. As you fight your DUI charges, make sure that you do so with a DUI lawyer from The Hamilton Law Firm by your side. If you choose to work with us, you will receive aggressive defense from a team of DUI lawyers who will remain at your side.
Understanding the DUI Charges Against You
Driving under the influence (DUI) of alcohol and drugs is a danger not only to the driver and their passengers, but to anyone else sharing the roads. That is why the State of Georgia has very strict and harsh laws regarding the punishment of DUI offenders.
Georgia Blood Alcohol Concentration (BAC) Limits
Anyone who is found to be driving with a blood-alcohol content (BAC) of 0.08% or higher can be arrested for driving under the influence. If you are under 21, however, you can be arrested for a BAC of 0.02% or higher since Georgia is a “zero tolerance” state. A person may also be arrested for DUI even if their BAC is less than .08 if impairment is apparent.
What are the Penalties for DUI in Georgia?
For your 1st DUI conviction, the maximum consequences are a fine of up to $1,000, 1 year in jail, or both. The minimum consequences are 24 hours in jail and a $300.00 fine. Other consequences include 40 hours of community service, 12 months probation, DUI Alcohol or Drug Use Course or a substance abuse evaluation.
If this is your second DUI within 10 years, the penalties are elevated. The minimum is 72 hours in jail with a fine of $600.00. Other consequences include 240 hours of community service, 12 months probation, DUI School, and a substance abuse evaluation. The maximum you could receive is a fine of $1,000 and up to 12 months in jail.
If this is your third DUI within 10 years then your charge becomes a misdemeanor of a high and aggravated nature. The minimum penalty increases to 15 days in jail, $1,000 fine, 240 hours community service, DUI school, 12 months probation, substance abuse evaluation, and anything else the judge orders. The maximum for a third DUI within 10 years in Georgia is 12 months in jail and a $5,000 fine.
DUI Field Sobriety Tests
When pulled over for a DUI in Cumming, the police officer most likely will administer a field sobriety test. The Standardized Field Sobriety Test (SFST) is made of up 3 individual tests:
- Horizontal Gaze Nystagmus (HGN) test – the officer will move a pen or small object back and forth as they observe the person’s eyes.
- Walk-and-turn test – the officer instructs the person to walk in a straight line for a certain amount of steps, turn around and then return back.
- One-leg stand test – the officer instructs the person to stand with one foot off the ground and hold it until told to put it down.
While the person performs these sobriety tests, the police officer is looking for common signs that they are intoxicated. These include swaying/hopping, slurred speech and not following instructions correctly.
Cumming DUI Defense Strategies
There are a number of different ways to fight charges of DUI in Cumming and Forsyth County. Police misconduct is one of the most common causes for dismissal. Police officers can only pull you over if they have been tipped off by another motorist or witness, if they witness signs of intoxication themselves, or upon observation of any violation of law. After you’ve been pulled over, they must treat you with respect and take adequate measures to determine whether or not you are intoxicated. If they make a mistake when guiding you through field sobriety tests, or if they fail to calibrate a breathalyzer machine before having you take a breath test, you may have grounds for dismissal of your case.
Consult and Hire a Forsyth County DUI Attorney
Speak with one of our DUI attorneys from The Hamilton Law Firm right away if you have been charged with drunk driving. Our lawyers will thoroughly investigate the circumstances of your arrest and will help you present strong evidence of misconduct or a faulty BAC test result. We are also capable of providing DUI defense for military men and women who are facing charges that may damage their future military career. Contact us at your earliest convenience to schedule a case evaluation with a Cumming attorney who will fight your case tirelessly.