Commerce DUI Accident Attorney

A DUI offender in Georgia can expect to serve prison time, pay steep fines, and have their license suspended. Most states (with the exclusion of Utah) consider a person to be driving illegally with a blood alcohol level of 0.08 percent or greater. At this level, a person’s reasoning and judgment skills are considered impaired.

A DUI is a serious offense requiring that you acquire serious representation. If you are seeking tenacious representation against DUI charges, look no further than our Commerce DUI accident attorneys.

Penalties for Driving Under the Influence in Georgia

Georgia impaired driving laws impose the following penalties for first- and second-offense DUIs:

First Offense

• Mandatory imprisonment of 10 days, with potential jail time of one year
• Probation of one year, including time served
• Fines ranging from $300 to $1,000
• Maximum license suspension of one year
• 40 hours of community service; mandatory minimum of 20 hours if the person’s BAC was below 0.08 percent
• $210 license reinstatement fee
• A mandatory clinical evaluation and, if recommended, completion of a substance abuse treatment program; and
• Completion of an Alcohol and Drug Treatment program within 120 days of conviction or within 90 days after being released from custody

Second Offense

If a second DUI offense is committed within five years of the first offense, the following penalties may be imposed:

• Imprisonment of 90 days, with potential jail time of one year
• Fines ranging from $600-$1,000
• License suspension of three years
• 30 days of community service
• $210 license reinstatement fee
• Probation of one year, including time served
• A mandatory clinical evaluation and, if recommended, completion of a substance abuse treatment program
• Completion of an Alcohol and Drug Use Risk Reduction Program within 120 days of conviction or within 90 days after being released from custody

Fighting Drunk Driving Charges

Depending on your circumstances, a Commerce DUI accident attorney may utilize any of the following defenses:

Law Enforcement Lacked Probable Cause

A police officer must have probable cause to pull you over. In a drunk driving case, the officer must have reason to believe that you are operating a motor vehicle while intoxicated.

A police officer must rely on the motorist’s conduct behind the wheel to assess whether a traffic stop is warranted. Signs of intoxication may include straddling lanes, braking erratically, or jerky movements of the steering wheel. If you were not exhibiting these signs, then the traffic stop may have been unjustified.

Challenging Breathalyzer Test Results

Breathalyzers require regular calibration. A breathalyzer test is well-known for lacking reliability. If your blood alcohol level was tested by using a breathalyzer, a DUI accident attorney will likely challenge the results. If your defense attorney can show sufficient evidence that the device was not in proper working order, this may be enough to get the charges against you dismissed.

Challenging Field Sobriety Test Results

A standard field sobriety test is three-pronged, consisting of the horizontal-gaze-nystagmus test, the walk-and-run test, and the one-leg-stand test. These tests are usually used in combination to determine if a motorist is inebriated.

However, individuals with certain medical conditions may be completely sober but still end up failing these tests. For example, people with neurological disorders may have trouble keeping their eyes focused, causing them to fail the horizontal-gaze-nystagmus test.

Persons with inner ear issues may have balance and coordination problems, causing them to fail the walk-and-run test or the one-leg-stand test. If you believe that you failed a field sobriety test due to a medical condition, you need to let your DUI accident attorney know.

Contact a Commerce DUI Accident Attorney Today

Individuals who drive under the influence are punished harshly under Georgia state law. If you were arrested or charged for a DUI, you need to understand your legal options. If you are interested in learning how our Commerce DUI accident attorneys can assist you, contact us online or by phone. Initial consultations are scheduled at your convenience.