If you are facing DUI charges, a skilled DUI attorney is your best chance to avoid possible jail time, heavy fines or suspension of your driver’s license.
Call us immediately at 770-887-1209 if you’ve been arrested for DUI. You have just 30 days to request an administrative license suspension (ALS) hearing because of Georgia’s 30-Day Rule. If you miss this deadline, you face a minimum one-year driver’s license suspension with no work permit!
Best DUI attorney ever! Mr. McFarland provided me excellent customer service by keeping me informed and educated The entire process. In the end it was his deep knowledge and experience in these cases that allowed me to achieve the outcome I desired.
You need an aggressive DUI defense lawyer to protect your rights
You should also speak to a criminal DUI defense lawyer immediately if one of the following factors applies to your drunk driving arrest:
- Blood alcohol content level of .08 or higher after a breath test
- Breath test refusal
- Driver arrested is under 21 with a test result of .02 or higher
- Professional driver/commercial driver’s license holder with a BAC level of .04 or higher
- Uncertainty over blood alcohol test level
Our DUI attorneys, Rafe Banks and Parker McFarland, work hard to investigate your DUI charges, challenge police evidence and put you back on the road, so you can continue to get to work and provide for your family. They are familiar with the many things that can go wrong with your traffic stop and arrest -- and how erratic driving can be mistaken for drunk driving by police seeking “probable cause” to arrest you.
Our experienced DUI lawyers will also protect your rights after an arrest by looking for a DUI defense that will help prove your innocence. Possible DUI defenses include pre-existing medical condition, such as an allergy, along with inclement weather and hazardous driving conditions. These factors can distort law enforcement’s claim that you needed to be apprehended. With your motor vehicle or a dangerous, poorly maintained roadway could also have caused police to stop you and put your driving privileges at risk.
Our aggressive DUI attorneys will work hard to uncover holes in the State’s case against you if you have been arrested for drunk driving in Forsyth County and the surrounding areas. We arm you with the facts and legal options that you should be aware of.
I used Mr. Banks for a DUI case, that got a Not Guilty. Things couldn't have worked out better for me. His legal assistant, Mrs. Moore, kept me up to date and answered all my questions. Mr. Banks spoke highly of his partners and mentioned that Mr. Stubbs had even been before the US Supreme Court. Each lawyer has a few areas they specialize in, so they can handle almost any form of litigation. All I can tell you is Mr. Banks helped get me out of a jam. I know i'd recommend his firm.
DUI Penalties in GeorgiaThe more DUI convictions you have, the more severe the punishment. Refer to the following chart for a quick overview of some of the penalties for multiple DUI drugs convictions within a 10 year period.
|Penalty||1st DUI Offense||2nd DUI Offense||3rd DUI Offense||4th DUI Offense|
|Jail Sentence||10 days - Up to 12 months1||90 days - Up to 12 months2||120 days - Up to 12 months3||1 year - Up to 5 years|
|Probation||12 months or more||12 months or more||12 months or more||Up to 60 months|
|Fines||$300 - $1,000
plus additional fees
|$600 - $1,000
plus additional fees
|$1,000 - $5,000
plus additional fees
|$1,000 - $5,000
plus additional fees
1 The judge has discretion to suspend all but 24 hours of the sentence to be served.
2 The judge has discretion to suspend all but 72 hours of the sentence to be served.
3 The judge has the discretion to suspend all but 15 days of the sentence to be served.
The chart above only includes three categories of penalties for DUI offenses. Additional penalties such as ignition interlock devices, community service hours, license suspensions and other consequences also increase by your number of offenses. Whether you have been arrested for a first DUI or a seventh, you need the legal team of Banks, Stubbs and McFarland to aggressively defend you and work tirelessly to prevent the devastating effects of a DUI conviction.
Experienced DUI lawyers who protect your rights after a DUI arrest
You can depend on our criminal defense attorneys for aggressive protection of your rights if you have been arrested for drunk driving in Forsyth County and surrounding areas. We arm you with the facts and legal options that you should be aware of.
Contact Banks, Stubbs & McFarland LLP to arrange your free initial consultation with a top DUI defense attorney. We can meet with you at the police station or jail after an arrest. Call 770-887-1209 or use our contact form below.
Best Lawyer in Town; Parker did an excellent job of guiding a terrified first-time DUI offender through the DUI court process and, using his legal knowledge and professional contacts, reduced an 8-count DUI arrest into one count Failure To Maintain Lane (FTML). He answered all my questions no matter how frequent. He and his staff were very responsive by email, text, and telephone. I hit the jackpot when I chose Parker’s name from the yellow pages. He is now my go-to lawyer in Cumming and I will gladly recommend him to all my friends. Thank you, Parker, for a job well done.
Georgia’s Implied Consent Law
When you register for a Georgia driver’s license, you agree by law, to give a blood, breath and urine sample to test your blood alcohol level anytime you are arrested for a DUI. This rule is Georgia’s Implied Consent Law. This means that you could lose your driver’s license for refusing to be breath-tested at a DUI traffic stop, even if you weren’t driving drunk.
Can I refuse to give a blood, breath or urine test if the police pull me over for a DUI?
If you refuse to provide the officer with blood, breath or urine sample, your license may be revoked for one year. There are no exceptions for the Implied Consent rule, so you will not be able to drive to work or any medical appointments if your license is suspended following a DUI arrest. According to Georgia’s Implied Consent law, the following steps occur when you refuse to give a blood, breath or urine sample:
- Your license is immediately revoked for a year.
- The police officer gives you a 30-day driving permit.
- During the 30 days, you must schedule a hearing to determine if you are guilty of a DUI and/or if your refusal to give a sample was permissible by law.
- If you are found guilty at the hearing or if you don’t request one, your license stays revoked for a year.
- If you did not follow the rules of the implied consent law and have previous DUI arrests, your license will be suspended for up to 5 years.
Underage Drinking and Driving Charges in Georgia
If you are under 21 and arrested for driving while intoxicated, you risk many negative consequences. In Georgia, a driver who is younger than the drinking age of 21 only needs to have a BAC of .02 to be arrested for a DUI. Refusing to take the breathalyzer test or provide a blood or urine sample when under 21 still falls within Georgia’s implied consent rule, thus it is not an option that comes without punishment. Drivers arrested for a DWI offense while under 21 must participate in the DUI Alcohol/Drug Use Risk Reduction program as well as pay the $200/$210 license restoration fee. Worst of all, underage DUI offenders face jail time the same length as those over the legal drinking age. Special sentencing options, however, are possible as Georgia law allows for underage drivers to serve their prison sentence on weekends and during non-working hours. Offenders under 21 are also permitted to be housed in a facility away from other inmates. In addition to the above penalties, college students convicted of drinking and driving charges may have damaged their educational opportunities. Underage DUI offenders face a license suspension for 6 months that DOES NOT allow for transportation to work or school. The arrest plus missing classes could easily result in the loss of scholarships as well as expulsion or suspension from the university or college. A minor in possession violation is considered a misdemeanor and a first-time conviction may result in up to 12 months of jail time along with significant fines.
- Jail time for 10 days to 1 year;
- Fines ranging from $300 to $1,000;
- Driver’s license suspended for 6 months;
- 20 hours of community service; and
- A license reinstatement fee of $210.
Don’t let an underage DUI arrest ruin your academic future. Let the skilled criminal defense attorneys at Banks, Stubbs and McFarland LLP protect your reputation and save your education.
Georgia’s Open Container Laws
Georgia’s open container law prohibits driving with an alcoholic beverage in your car that has been opened. Under this law, both the consumption and possession of an open alcoholic beverage are prohibited. Even a beverage that has a broken seal is considered illegal. You may also be arrested for having an open container in the passenger area of the vehicle or in an unlocked glove compartment. Even if a friend left an open container in your vehicle without your knowledge, if you are driving the vehicle alone and are pulled over, you shall be deemed to be in possession of the open alcoholic beverage container. Possession of an open container in Georgia can add 2 points to your driver’s license. If you are convicted of an open container violation, you are subject to a citation and a $200 fine.
Questions? Do You Want To Talk To A Lawyer? Contact Us.
Arrange your initial consultation at our law offices in Cumming and Buford Georgia, by calling 770-887-1209 or use the contact form below.