Skilled And Experienced DUI Defense From Former Prosecutors
The charge of driving under the influence (DUI) is one of the most heavily used and frequently received charges in the state of Georgia. Unfortunately, it is also the most inadequately represented charge in criminal law for clients.
Many people charged with DUI have never previously been in trouble, so they don’t realize just how high the stakes are. If handled improperly, this charge can affect your license, your criminal record, your freedom, your reputation and many other aspects of your life. For these reasons and more, the firm to call when facing DUI charges in the Atlanta area is Michael D. Barber & Associates, P.C.
A Basic Overview Of DUI Charges
Any charge involving driving under the influence requires that the driver of a vehicle be under the influence of alcohol, drugs or some other substance while in control of the motor vehicle. The most common charges are related to alcohol.
In Georgia, the two charges for DUI alcohol are:
- DUI Per Se: A blood alcohol test shows that you have a blood alcohol concentration (BAC) at or above 0.08%. You are, by definition, legally drunk behind the wheel.
- DUI Less Safe: Your BAC was lower than 0.08%, but you still allegedly showed signs of impairment, or you refused a test but showed signs of impairment. Refusing all chemical testing will likely result in the loss of your license through the administrative license suspension process, regardless of whether you are convicted of DUI.
Tests May Not Be As Accurate As Claimed
People often assume that they can’t contest a DUI charge because test results cannot be debated. This isn’t always true. Field sobriety tests (physical coordination tests administered at the scene of the traffic stop) are subjectively interpreted, and suspects can “fail” for numerous reasons that have nothing to do with alcohol impairment. They can also be skewed if administered incorrectly (usually by the same officer who interprets results).
Roadside breathalyzer tests can also be inaccurate. The tests can be administered improperly or the devices may be in need of maintenance and repair.
Finally, officers may not be as skilled at detecting signs of impairment as they claim to be. Many officers in Georgia participate in what is called “wet training” to help them better recognize signs of impairment, but the length and rigor of these courses can vary widely.
As experienced defense attorneys, it is our job to examine all the evidence against you (including test results and officer observations) to question the credibility and reliability of this evidence.
Act Quickly To Avoid License Suspension
Whenever someone is arrested for driving under the influence, the officer is required by law to arrest them and retain their driver’s license. The officer then issues what is commonly referred to as a DDS 1205 form. This form is the officer’s notice to the driver of the officer’s intention to suspend the driver’s privileges to operate a motor vehicle. The driver then has to write a 30-day response letter to stop the suspension.
Contact Our Firm To Get The Representation Your Case Requires
The attorneys at Michael D. Barber & Associates have decades of experience as both criminal defense lawyers and prosecutors. We know Georgia criminal law, and we are highly knowledgeable about how courts operate in the Atlanta area.