The Atlanta DUI attorneys at The Lawrence Kohn Law Office have successfully defended clients with cases similar to yours for years.  Attorney Larry Kohn has a proven track record of having his client’s charges minimized or even dropped altogether.

The legal blood alcohol content (BAC) in Georgia is .08%. For commercial drivers, the legal limit is .04%. You may think that just because you were over the legal limit, you will automatically be convicted of drunk driving; however, this isn’t always the case. Breathalyzers are far from perfect—if a breath-testing machine is not maintained or calibrated properly, the results of the test may be inaccurate. Medical conditions, dental ailments, and improper test administration may also yield inflated results.

Why fight an Atlanta DUI charge? Even for a first-time offense, you may be sentenced to jail time, fines ranging from $300-$1,000, community service, and DUI School. Your driving privileges may be suspended for up to one year, though you may be eligible for a limited driving permit after 120 days if you take a Risk Reduction course. If you have multiple DUIs on your record, you can expect increased jail time, heftier fines, and a longer driver’s license suspension.

Even if you are not convicted of DUI in criminal court, your license may still be suspended by the DMV. If you fail a breathalyzer test, or refuse to take a test altogether, you have ten days from the date of your arrest to request an administrative license hearing. Failure to request a hearing will lead to your license being suspended. Attorney Kohn can help you meet the request deadline and represent you during the administrative hearing.
In addition to the court-imposed penalties, your personal life may also be affected by a drunk-driving conviction. Your auto insurance company may cancel your coverage or raise your rates. Because your criminal record can be accessed by potential employers, you may have difficulties in landing a new job.

Are you ready to fight your drunk-driving charges? If so, contact the Atlanta DUI attorneys at The Lawrence Kohn Law Firm for a free case evaluation.

Georgia State Senator William Ligon, a Republican from Brunswick, sponsored this bill, which passed by a 35-18 vote. Senator Ligon stated that the issue of public safety makes this bill necessary.

This bill raises some concerns, especially regarding its constitutionality as well as the extra burden that may be placed on the prison system. As this time, a DUI felony conviction may be punishable by 1-5 years in prison.

According to The National Conference of State Legislatures, Georgia will be the first state to enact a law of this nature if it passes.

Also, certain factors may exist that make it much more likely that you will be stopped by a police roadblock.  After living in a region for any period of time, you may recognize that because of an area’s high concentration of late-night drinking establishments, certain sections of town will be more prone to police departments utilizing roadblocks.  Similarly, certain main business highways are traffic arteries leading to and from “party areas” of towns or cities.  It is common knowledge that the police are more likely to set up a DUI checkpoint on or near such arterial roads.

If you drive through these areas after 10 PM, you are much more likely to be stopped by the police than if you drive in these areas during daylight hours.  Likewise, your chances of encountering a roadblock at 2 A.M. are 100 times more likely than they are at 2 PM in these areas.

We will discuss this topic more in detail in the next blog post.

When is a jury trial available in your jurisdiction?

In almost all states, it is your fundamental right if facing any criminal trial, including misdemeanors like DUI-DWI that carry punishments of up to a year in jail, to have a jury if you want one. To opt out of a jury trial and have the judge decide guilt, you must expressly, intelligently and personally participate in opting out of the jury trial.

Even in the states that afford you the right to opt for a jury trial, not every court has the ability to offer a jury trial.  If your case is originally booked in an inferior (entry level) court that does not allow juries (like a traffic court, justice court or a municipal court), and you want a jury, the trial can be transferred to a court that gives you that option (like a circuit or superior court).  The names of these courts differ from state to state, and your experienced trial lawyer will know which court is the appropriate court for such transfers.

In some states, the court system is set up to always allow your case an “initial” trial at a non-jury court, with a full right to get a NEW trial at court with a jury trial authority.  Mississippi, Arkansas and Alabama are three states with this system.  In these states, the SECOND trial (with a jury) will start from scratch, which is called a “de novo” trial.

Whether or not criminal penalties are imposed for refusing to take a blood, urine or breath test, such refusals often badly damage your DUI-DWI case. The admission into evidence by the prosecution to undergo chemical testing is often detrimental in the eyes of a jury. The admission of your refusal of your refusal against you at trial has been held to be constitutional by the United States Supreme Court and by nearly all states. Unless satisfactorily explained, the jury will normally assume that you refused to be tested because you had consumed too much alcohol and were afraid of failing the test, an assumption that the prosecutor seldom fails to bring to the jury’s attention. Experienced DUI-DWI attorneys know ways to neutralize the impact of a refusal in the eyes of either a judge (sitting without a jury) or a jury.

In addition, in many states the admission into evidence of a chemical test refusal entitles the prosecution to a “consciousness of guilt” jury instruction stating that the jury may consider the refusal as evidence of a consciousness of guilt of drunken driving by you. In those states, knowledgeable defense counsel may also submit a counterpart to the state’s “consciousness of guilt” jury charge by submitting a “consciousness of innocence” jury charge (instruction) where you tried or offered to take some type of test, but were denied the opportunity to take a test by the officer.

Also, as a practical matter when evidence of a refusal is admitted during the prosecution’s case, it is often necessary for you to have to testify in order to effectively explain your reasons for refusing to submit. Most experienced trial lawyers handling DUI-DWI trials prefer to NOT put their clients on the witness stand. Obviously then, the admission into evidence of a chemical test refusal should be avoided by seeking its exclusion at a pre-trial motion hearing, if at all possible.

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Private investigators also know how to evaluate the scene of your stop (the roadway location) for problems with the fairness of your field sobriety evaluations.  An investigator might be able to uncover other discrepancies in the police report (or the video records) and may help
explain to the judge or jury some “problem” with your balance (that occurred during field testing on the roadside video made by the officer) in order to help sway the ultimate “fact finder” (jury or judge) to enter a “not guilty” verdict.
 
If your experienced DUI/DWI attorney recommends the hiring of a private investigator for your case, it is because your attorney is looking after your best interest, not just wanting to spend your money.  Many times, the input of the private investigator can help uncover a “smoking gun” in the arresting officer’s reports or in his or her prior disciplinary history.  Other times, this investigator can provide the winning evidence in your DUI/DWI trial by testifying about the arresting officer’s violation of training or breat testing protocol.

Punishment issues, such as the threat of more lengthy jail time, are a common concern for most people facing drunken driving charges.  For some people, going to jail or having to serve mandatory community service for a lengthy period of time could be devastating.  For others, even being on probation can end their job.

For a conviction of any misdemeanor offense (no matter what the misdemeanor), you are at least theoretically facing some jail time.  You could face exactly the same punishment if you accept a guilty plea to a lesser charge rather than being found guilty on a DUI charge.  It could be that a negotiated plea to another serious offense offers you no real benefit.  Your DUI specialist will be best able to recommend which alternative is best for you.

Submit Your DUI Case Information Online to Schedule a Free Case Assessment with Larry Kohn.

Submit Your DUI Case Details to Larry Kohn to Schdule a Free Case Evaluation