The Law Doesn’t Sleep, And Neither Do We

The Law Doesn’t Sleep, And Neither Do We

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When Facing A DUI, Experience Matters

Each year, over 200,000 Georgia residents are arrested for driving under the influence (DUI). Although these charges are common in Georgia, the penalties are severe. Without the proper representation, many people face extreme legal repercussions. To fight a DUI successfully, you need a legal team with experience, compassion and a strong commitment to advocate for your interests.

At Overman & Overman LLC, DUI defense is one of the most important aspects of our criminal defense practice. Since our firm’s founding in 1991, we have provided strong defense for countless clients against DUI charges throughout Georgia.

We are a family-owned and -operated law firm. Our father-and-son attorney team takes a compassionate approach to our clients and an aggressive approach to our clients’ defense. Clients in the greater Atlanta metro area and throughout Georgia trust our team to defend them against DUI charges.

Building Your Defense

Out of all these people who are charged each year, many are wrongly convicted due to faulty breathalyzers or improper traffic stop procedures. Whether you have been falsely convicted or this is not your first offense, our DUI attorneys can examine every angle of your case and work hard to get your case thrown out or get you a reduced sentence. We understand the Georgia DUI system, and we will work with witnesses to establish your case and give you peace of mind.

Common Concerns About DUIs

DUI charges should never be taken lightly. Below, we share some of the most frequently asked questions we have addressed in our office, hoping the answers might be useful for you or a loved one.

If I am asked to perform a field sobriety test, can I refuse?

You may decline a field sobriety test. Field sobriety tests can include a variety of roadside tests, including the walk-and-turn test, the one-leg stand test and the horizontal gaze nystagmus test. The law does not require you to submit to these tests.

On the other hand, refusing to take a chemical test (breath or blood) can have long-term consequences. If you have a driver’s license, you implicitly consent to accept any chemical testing per law enforcement’s request. If you refuse, you might be facing an implicit consent violation that could lead to an automatic suspension of your license. A prosecutor could also use this against you, and that might lead to more severe penalties.

Will I lose my driver’s license?

A DUI will result in the automatic suspension of your driver’s license. For a first-time offense, the suspension may last up to 12 months. However, you can apply for reinstatement after 120 days.

You could still qualify for a limited permit that will allow you to drive to work, to school and to other necessary places. You must meet certain requirements and take certain steps to get this permit. As part of a comprehensive DUI defense, our lawyers can walk you through your options to get you the driving privileges you need.

How could a DUI affect my CDL?

If you hold a commercial driving license (CDL), DUI penalties may be even more stringent than for regular drivers. Commercial drivers may be subject to a suspension or ban at a first conviction, which means that drivers may not be able to reinstate their licenses in Georgia. Any conviction of a Georgia resident outside the state counts before law enforcement. Therefore, drivers may lose their driving privileges even when such conviction did not occur on Georgian soil.

What conditions or factors could affect chemical test results?

It’s important to know that breath and blood tests are not surefire. Numerous factors could impact the result, including:

  • Any breathing problems you may have, such as asthma or lung disease
  • Acid reflux (GERD)
  • Diabetes
  • Improper administration of the breath test
  • Mishandling of the blood sample

Because there are so many factors at play, you should never assume that the state has watertight evidence against you. Instead, consult with a DUI defense lawyer about your options.

What should I do after a DUI arrest?

The important thing is NOT to talk to the police. Anything you say can be used against you. Instead, contact a DUI defense lawyer in Georgia. DUI laws are complicated, and you need a strong advocate by your side to investigate every possible angle for fighting the charges. The sooner you get a lawyer involved, the better they’ll be able to defend you.

What are the penalties for a second DUI in Georgia?

A second DUI within a 10-year period in Georgia is generally treated as a misdemeanor, with the threat of jail time and probation. Additional penalties according to Georgia DUI laws can include significant fines, community service, an extended driver’s license suspension and more. In Georgia, DUI includes driving under the influence of alcohol, drugs or a mix of both. Because penalties will vary based on the circumstances of the arrest, where the offense took place and more, working with a lawyer from the start is critical in understanding what to expect.

What would happen if I was not read my Miranda rights?

The truth is that whether an officer reads you your Miranda rights or not, it does not often make a significant difference in DUI arrests. Instead, law enforcement should read your implied consent rights to acknowledge your legal responsibility to submit to the tests requested. Remember that you have the right to refuse these tests, as well as the right to a lawyer to make your case and protect your rights.

Do Not Let One Mistake Ruin Your Life

A DUI is a serious offense that can damage your ability to drive a car or get a job. Don’t let your DUI haunt you for the rest of your life. Come to Overman & Overman LLC today. We are here to fight on your behalf and help you get back on track. Call locally at 770-676-3177 or email us today to speak with one of our DUI attorneys and schedule your initial consultation.