by Editorial TeamAtlanta DUI Arrest Process and Booking
Facing a DUI arrest in Atlanta can be a daunting and stressful experience. As an experienced Atlanta DUI lawyer, Richard Blevins has guided numerous clients through this challenging process. In this article, he discusses the Atlanta DUI arrest procedure, your Miranda rights, the booking process, and what happens after being arrested for a DUI in Atlanta.
by Editorial TeamFirst-Time DUI Offenders in Atlanta: What to Expect and How to Navigate the Legal Process
If you’re a first-time DUI offender in Georgia, it’s crucial to understand the legal process and equip yourself with the knowledge to navigate it successfully. This comprehensive guide goes beyond what Atlanta DUI law firms offer, addressing often neglected topics and providing valuable resources. From understanding the DUI laws in Georgia to building a strong defense strategy, we’ve got you covered. Explore expert insights, frequently asked questions, and gain the confidence to protect your rights and achieve the best possible outcome in your DUI case.
by Editorial TeamThe Impact of Recent Legal Changes on DUI Cases in Georgia: Staying Informed and Protecting Your Rights
Explore the implications of recent legal changes in Georgia’s DUI laws, compare services to top Atlanta DUI law firms, and access valuable resources and answers to frequently asked questions, helping you stay informed and protect your rights.
by Editorial TeamCan the Police Use Refusal of a Field Sobriety Test Against You?
Generally, the results of DUI field tests are not admissible in court. At least, not as evidence of intoxication. Many states allow only the result of a blood test as evidence. The field test results
by Editorial TeamWhy White Collar Crimes Need an Expert Attorney
It is crucial to recognize that some white-collar charges can be honest mistakes that have resulted from filing errors or other accidents.
by Editorial TeamUnderstanding The Difference Between A Felony And A Misdemeanor
If you have been charged with a crime in Georgia, the first step in understanding how to fight it is by understanding what it means. In most situations, felony charges are easily the most severe, followed by misdemeanors, and then violations at the bottom. Any of these kinds of charges can drastically affect your life, however, so we’re going to break them down for you.
Felony Offense
A felony offense is a serious crime that can be punishable by more than a year spent in prison. A district attorney will be the one to hand out the charge, and they most often handle the case in superior court. Sentences handed out from a felony offense will most likely be served in a state or federal prison. These sentences can range from a year in one of these prisons to life imprisonment or even the death penalty.
- Learn more about Types of DUI charges in Georgia
Society views felony offenses exceptionally harshly. Even after you have paid your debt to society by spending time in prison, you may find it challenging to gain employment, maintain relationships, or even get housing approval. It is vital to be aware that these kinds of offenses cannot be expunged from your criminal record and will stay on it forever.
Misdemeanor Offenses
As mentioned previously, misdemeanor offenses are not as grave as felonies. The solicitor general’s office generally levels these charges, and the case can be handled in either municipal or state court. Most municipal charges are punishable by up to twelve months in prison and a $1,000 fine. In some instances, you can be charged with a high or aggravated misdemeanor, which carries significantly higher fiscal penalties.
Sentences for misdemeanors are usually served in your local county jail rather than a state or federal prison. While these offenses do show up on your criminal record, there is the possibility for them to be expunged. Most often, these offenses do not have the same effect that felony offenses do on housing or employment.
Violations
It is worth also noting violations as these are the least severe types of crimes and often result in a fine with no jail time. In Georgia, a violation can also be referred to as an infraction. Suppose you have violated a city rule or county ordinance by trespassing, littering, or acquiring traffic tickets. In that case, it will qualify as a violation or infraction and will not show up on your criminal record unless you fail to pay the fine or respond to the charges, at which point it will escalate in severity.
- Learn more about second offense DUI
The criminal justice system is complex, and it is always essential to understand what is happening to you if you get caught in it. Staying informed is part of it, but consider that lawyers have spent their entire careers and education learning about this system and will be much more informed. Always hire a defense lawyer if you find yourself on the wrong end of the system, as that will give you the greatest chance of success.
by Editorial TeamThe Do’s and Don’ts After You’ve Been Charged with a DUI
We all make mistakes, but letting them snowball into a series of missteps is never the right solution, especially in a DUI case.
DUI charges carry many extreme potential penalties, including possible jail time, probation, and driver’s license suspension. There are some important rules you need to follow if you are charged with a DUI:
- Do not assume an arrest guarantees a guilty verdict
- Do seek legal advice quickly after your charge
- Do not try to represent yourself
- Do try to appeal your license suspension
While these rules will help the situation, it is crucial to understand the proceedings if you want to avoid the maximum penalties. This is especially true if this is not your first DUI charge, as the penalties can also include felony charges and up to five years in prison.
What Are The Penalties For a DUI?
In Georgia, the penalties for a DUI are related to the number of prior DUI charges. For a first offense, the charges are much less severe but still can cause a massive disruption to your life and career.
First offense charges include but are not limited to:
- License suspension
- One to ten days in jail
- One year of probation
- The cost of court proceedings and surcharges
- $300 fine
- Community service
The charges scale up until a fourth DUI, at which point you will be facing felony charges and much more severe penalties.
What Can I Do to Save my License?
During almost every arrest for driving under the influence, the arresting officer will inform the detained driver of their implied consent rights and confiscate their license.
This is the first step in the process of suspending a license. Luckily, an administrative license suspension (ALS) must go through many stages before it is finalized. As stated by the Constitution, every citizen is entitled to due process.
- Learn more about driving with a suspended license
In this case, it means that you can request a hearing to appeal the suspension of your license as long as you do it within 30 days of your arrest. Moving quickly is critical as this is the biggest “must-do” after being arrested for a DUI, which has a very tight time window.
To request an appeal hearing, you will need to pay a fee and follow a complicated and detail-focused process. It is highly recommended that you hire a lawyer to make this go smoothly.
What Should I Avoid Doing After My Arrest?
Being arrested for a DUI is a stressful experience, and many don’t bother fighting the charges because they consider them to be set in stone. However, an arrest does not automatically mean that you are guilty, and pleading guilty to a DUI charge is actually not the best idea.
Many think that taking the guilty plea will make the ordeal move quickly and make the stress and embarrassment of the charges go away, but in truth, it can lead to even more unexpected consequences.
Even if you can’t win your DUI case, fighting it can result in reduced charges or penalties. Most importantly, fighting your DUI charge with a lawyer gives you the chance to know your rights and all of the consequences that can occur upfront, this will allow you to be informed of your decisions before you make them.
You will never be able to seek lower penalties or potentially win a DUI case if you choose not to fight it, and being associated with a guilty plea can have a significant impact on your life, career, and loved ones.
For more legal advice on DUI’s don’t hesitate to reach out.
by Editorial TeamRecord Restriction (Expungement) In Georgia
For many people convicted of an offense, that information can follow them for the rest of their lives. However, there are some instances where a criminal offense can be made unavailable for the public to view, which can help people who have been convicted of a crime still find gainful employment and other opportunities.
What is Record Restriction (Expungement)?
In the state of Georgia, record restriction means that eligible records on your official criminal history report will be restricted from public view and are only accessible to law enforcement, and only then for criminal justice purposes.
Before 2013, record restriction was referred to as expungement. However, that implied that the records were destroyed or deleted, which was never the case. On July 1st, 2013, Georgia changed the law to refer to the process as a record restriction. The actual procedure itself is entirely unchanged, and this law has modified only the name.
Can My Record Be Restricted Automatically?
Under the new law that Georgia has created, if your arrest is not referred for prosecution, it will be restricted from your Georgia Crime Information Center (GCIC) criminal history record automatically with different timeframes dependent on the crimes. This restriction happens after two years for misdemeanors, four years for most felonies, and seven years for severe violent and sex-related felonies.
- Read more about 2nd offense DUI’s
This automatic law process can apply to arrests before and after July 1st, 2013. However, if a record is automatically restricted, and later a disposition is entered that does not qualify for restriction, the law requires that your record be “unrestricted” by the GCIC.
Applying For Record Restriction
If you intend to apply for your record to be restricted, several aspects need to be considered. Some record restriction details are as follows:
- Georgia law does not allow for the restriction of an entire criminal history all at once. You must apply separately for the record restriction of each eligible arrest.
- If you have forgotten the details of a past case, the case’s outcome, referred to as the “final disposition,” is filed in the clerk’s office of the court in which your case was handled.
- If you have been denied restriction before July 1st, 2013, you can get your application to be reconsidered under the new law’s criteria. If your application was rejected previously and the charge(s) now qualify under the new law, you should reapply.
Record restriction can be an extremely beneficial process if you are eligible for it. However, keep in mind that every person has a unique circumstance and that these broad guidelines do not cover every possible scenario.
Suppose you are interested in getting your record restricted, and you believe that you qualify for doing so. In that case, it is worth speaking with an attorney who will be able to give you information that pertains precisely to your situation. Taking the time to prepare accordingly will provide you with the most excellent chance of success and lead you to a more secure future.
by Editorial TeamWhat You Need to Know About the Ignition Interlock Device Permit in Georgia
You just got a DUI. Maybe you’re asking yourself: what am I supposed to do? What are my options? Do I need a DUI lawyer? It may not seem like it, but you do have some choices to make.
Within 30 days of your arrest you may file an appeal or opt to apply for an ignition interlock device (IID) permit. If you submitted to a State-Administered test, you may even be eligible for a non-interlock permit. In this article, you will find out if you are eligible for an IID permit and what you need to do before applying.
What is an Ignition Interlock Device?
Individuals on probation for multiple offenses must install an IID in all vehicles. However, first-time offenders may choose to apply for an IID permit so they can continue to drive after a DUI conviction.
An ignition interlock device is a system for measuring a driver’s alcohol content while in the vehicle. An installed IID will not allow the car to start until the driver takes the alcohol test. If their alcohol content is above the preset limit, the car will not start. Only when the content level is below the predetermined number will the vehicle turn on.
The device will need service and recalibration every few months. Although installation and continued maintenance can be costly, it may be worth it for those who need to travel for work.
Are You Eligible for an IID permit in Georgia?
To qualify for an ignition interlock device permit in Georgia you must meet all these requirements.
- You are 21 years or older
- You have a valid Georgia driver’s license (or you are a current resident with an expired Georgia license that can be renewed)
- You have not been convicted of a DUI within the last 5 years
- You do not have any current license suspensions
IID Permit for a Multiple DUI Offender
There are some exceptions for habitual offenders. Individuals convicted of multiple DUI offenses within five years must serve a suspension period–at least four months–without a license. After this time, however, you may apply for an IID permit. Even with an IID installed, under Georgia’s driving restrictions, you may only drive for the following purposes:
- Work
- School
- Treatment Support Meetings
- Monthly maintenance for the IID
Depending on the circumstances, you will need to continue using the IID for 6 to 12 months. Individuals are also required to participate in a DUI Court program or enroll in approved clinical treatment.
How to Get Your IID Permit
There are a few steps to applying for your IID permit. Before the Department of Driver Services (DDS) can issue an ignition interlock permit, you need to:
- Install an IID in your car
- Submit your DDS-1205 to the Department of Driver Services
- Apply in person at a DDS office within 30 days and waive your right to an appeal hearing
What’s Next
If you meet the requirements above, consider whether you want to appeal the DUI conviction or apply for an IID permit.
by Editorial TeamViolation of the Georgia Controlled Substances Act
The Georgia Controlled Substances Act is a result of the federal Controlled Substances Act, signed by Congress in 1970. “Controlled substances” consist of illegal drugs and prescription medications.
Potential penalties for a violation of the Georgia Controlled Substances Act (VGCSA) vary based on the schedule of drugs and any prior drug convictions. Each controlled substance is divided into one of five categories or schedules. Additionally, the Federal Food, Drug, and Cosmetic Act list of over 1,000 “dangerous drugs”.
Drug Schedules
Schedule I drugs have a high potential for abuse and no currently accepted medical use.Examples of Schedule I drugs include marijuana, heroin, LSD, and ecstasy.
By contrast, Schedule V drugs have a low potential for abuse and are accepted for medical use.
VGCSA penalties are most severe for Schedule I drugs.
VGCSA Penalties
Possession of Schedule I or II controlled substances are deemed felony offenses with the utmost penalties.
- Possession of any Schedule I Controlled Substance or Schedule II narcotic is a felony punishable by incarceration of 2 to 30 years.
- Cocaine or methamphetamine possession between 28 and 200 grams carries a mandatory minimum term of imprisonment of ten years and a fine of $200,000.
- Possession of a Schedule III, IV, and V substance is also a felony with 1-10 years in jail.
Many VGCSA offenses can results in misdemeanor charges:
- Possession of under one ounce of marijuana is a misdemeanor offense punishable by up to 12 months in jail and a fine up to $1,000.By contrast, additional quantities with the intent to distribute can result in a felony charge punishable by up to 30 years in jails and a fine up to $1,000,000.
- Additionally, selling or providing “model glue” to a minor for the purpose of sniffing or huffing is a misdemeanor offense.
- Similarly, disposing of a controlled substance in a public place is a misdemeanor offense.
VGCSA allows for additional charges and penalties if controlled substances are distributed or dispensed near schools.
NOTE: Penalties may be more severe for second and subsequent offenses.
A person seeking medical assistance for a drug overdose can NOT be arrested, charged, or prosecuted for VGCSA as a result of seeking medical attention.
Defense for Drug Charges in Georgia
There are many defenses to fight Violation of the Georgia Controlled Substances Act charges. The most successful defense against controlled substances is to show that the arresting officers violated the law. Unlawful arrests may be a result of an illegal search and seizure or coercive police questioning and interrogation.
- Georgia allows for first-time offenders of VGCSA to potentially have charges discharged and probation administered.
Contact Attorney Richard Blevins Today
If you have been arrested for a VGCSA in the Sandy Springs or Atlanta area, then you need to call criminal defense attorney Richard Blevins immediately. He can provide you with the aggressive legal representation you need when facing a possession of a controlled substance violation charge. Call today at (770) 419-1945 to schedule a free consultation.
