Should I Hire a DUI Attorney?

by Editorial Team

Should I Hire a DUI Attorney?

In Georgia, if you are arrested for Driving Under the Influence of Alcohol, Drugs or Marijuana a whole new level of stress will be upon you.

You are looking at:

• losing your job
• professional license
• facing jail time
• fines
• other court related expenses
• higher insurance rates and
• the stigma of having a DUI conviction.

This is all from being at a party, after work event or dinner.  You then need to look and see if hiring a DUI attorney is right for you.

Do you need an Attorney?

A DUI charge is Georgia is a serious offense.  Mandatory minimum DUI punishment in Georgia is based on how many DUI convictions you have in a ten (10) year period using the dates of your arrest for each.  These are the minimum things that can happen to you.  The prosecutor can recommend more punishment, or the Judge could sentence you to more punishment if you are convicted after a trial or plea.

Your First DUI Conviction

A first DUI conviction in ten years carries a mandatory minimum of 12 months on probation with 10 days to serve in custody.  All but 24 hours can be stayed or probated.

A minimum fine of $300.00 plus court surcharges, up to a maximum fine of $1,000.00 plus court surcharges.

You will be required to complete a minimum of forty (40) hours of community service, risk reduction course (known as DUI school), undergo an alcohol and drug evaluation and follow any recommended treatment and attend a victim impact panel.  Typically, you will have to pay a probation fee that ranges from $39 to $50 per month.

A DUI conviction will also affect your driver’s license status.  In Georgia, the Georgia Department of Drivers Services (DDS) looks at how many DUI convictions you have in five (5) year period as determined by the arrest date.  A first in five year DUI conviction will cause your driver’s license to be suspended for one (1) year.

However, you can ask for an affidavit of first conviction at the time of your plea.  You can take this affidavit to DDS to apply for a limited driving permit.  The limited driving permit will restrict where and when you can drive and is valid 120 days.  After 120 days you can apply for a reinstatement of your driver’s license by showing you completed the risk reduction course and paying a restoration fee of $210.00 to DDS.

With so much at stake facing you, you should seriously consider hiring a DUI attorney to help you navigate and mitigate what lies ahead of you.

What is an Administrative License Suspension (ALS) hearing?

Most people who are arrested for DUI will ask their friends or family members or look on the internet on what to expect going forward.  Most will discover you have a certain amount of time to stop your license from being automatically suspended.  In Georgia, if you refuse to take the State Administered Breath or Blood test (not the breathalyzer you blew into on the side of the roadway); took the State Administered breath or blood test and registered over .08 grams for individuals over 21 years of age, .04 for commercial drivers or .02 for individuals under the age of 21 the arresting officer will take your driver’s license and issue you a 45 day temporary driving permit.  You will have 30 calendar days to either request an administrative license hearing or install an ignition interlock device in your vehicle.  Otherwise, you will be suspended for one year with no limited driving permit on a refusal case.  This is different from your court hearings.

An experienced DUI attorney can advise you through the administrative license suspension process.

What happens with my DUI case in Court?

After you are arrested for DUI and bond out of jail, you will receive an arraignment date.  This is where you enter your plea of guilty or not guilty.  Your next court date could be a motions hearing or calendar call.  Then a bench or jury trial will occur in your case.  An experienced DUI attorney can advise you on what will occur at each hearing and how your case will proceed at the hearing.  Some cases will warrant a motion to suppress hearing.  While others can be worked out in plea negotiations.  If the case cannot be worked out and the evidence is lacking by the Government, a jury or bench trial may occur to resolve the case.  A DUI attorney that has prior jury trial experience can properly advise you of how to handle your case to get the best possible results.

The Answer is Yes!

If you are charged with DUI, you need an experienced DUI attorney who has trial experience.  Attorney Richard N. Blevins, Jr. has the experience to defend you in your case.  He has had numerous jury trials in Georgia that resulted in several Not Guilty verdicts.  He has over 20 years of legal experience in handling DUI cases, four of which were as a prosecutor.

Prior to becoming an attorney, Attorney Blevins was a law enforcement officer. He is one of a few DUI attorneys in Georgia that has the unique experience of being someone who has stopped and arrested someone for DUI, testified in court and performed field sobriety tests on the roadside with a person suspected of DUI.

He has truly worked every side of a DUI case.  He has taken the Instructor course and Student course is Standard Field Sobriety Testing (FST).  He has taken the Advanced Roadside Impaired Driving Enforcement (A.R.I.D.E.) course.  He was certified by the State of Georgia in F.S.T.s.  He was Intermediate and Basic P.O.S.T. certified in Georgia.  He is also a veteran of the U.S. Army Military Police Corps.

If you are arrested for DUI in Georgia, call Attorney Richard N. Blevins, Jr. at. 770-419-1945.

by Editorial Team

About Administrative License Suspension Hearings in GA

License Suspension for a DUI

If you are stopped arrested by an Atlanta police officer for suspicion of driving under the influence of alcohol (DUI) it can be stressful.

Things that will come to mind are:

• How long will my license be suspended?
• What should I do to get a temporary driving permit and how should I get my license reinstated?
• Do I need to request a court hearing?
• What will happen to my driver’s license?
• Ignition interlock option, and details about it?

When Can Your Drivers License be Suspended?

When you are arrested for DUI in Georgia, your license can be administratively suspended if you had a blood or breath test over the legal limit or refuse to take the state administered blood or breath test.

The arresting police officer should take your driver’s license after you are arrested and issue you a DPS 1205 form.

The 1205 Form

The 1205 form is a temporary driving permit that is good for 45 days from the date of your arrest. It is also a petition to suspend your license. You will have three choices to make within 30 calendar days of your arrest.

1. First, your driver’s license will be suspended for one year if this is your first DUI in five years. But, you can apply for a thirty day limited permit if you tested over .08 on the state administered breath or blood test.   Next, you can apply for a reinstatement of your license after thirty days. Go to the Georgia Department of Drivers Service and pay a restoration fee and show them you completed the Risk Reduction course (DUI school).  However, if you refused the state administered blood or breath test, you cannot get a limited driving permit.  You will be suspended for one year, unless you get your DUI charged reduced or dismissed.
2. Secondly, you can request a hearing. You will need to do this by mailing a request form to Department of Driver’s Services within 30 calendar days of your arrest with a $150.00 filing fee. Then, you will get an extension of your temporary driving permit for 90 days. A hearing should be set at a designated location in the county of your arrest. The hearing is held by the Office of State Administrative Hearings (OSAH). An administrative law judge will conduct the hearing. The hearing is only to determine if you violated the ALS rules. The arresting officer will need to prove he legally stopped you; he had probable cause to believe you are under the influence of alcohol; the implied consent was read to you; and you refused the test or registered over .08 on the state administered blood or breath test. Should you win the hearing you can get your license back. If you lose the hearing you will be suspended.
3. Thirdly, you can avoid an ALS hearing if you waive your right to a hearing and install an ignition interlock device. It will need to be installed in your vehicle within thirty days of your arrest and go to DDS to waive your right to a hearing. The ignition interlock must be in your vehicle for 12 months. If your case is a refusal case, you cannot take the ignition interlock out even if you get your DUI reduced or dismissed. Finally, if you took the state administered blood or breath test, the ignition interlock can be turned in if/when you get your DUI reduced or dismissed.

If you need an experienced Atlanta DUI lawyer call 770-419-1945 and speak with Richard Blevins.

by Editorial Team

Change in Georgia DUI Law

Effective July 29, 2020, the law in Georgia regarding the suspension of your driver’s license or a DUI conviction involving marijuana or a controlled substance has changed.

Prior to the change in the law, if you were convicted of DUI with marijuana or a controlled substances your license would be suspended for one year. There were no early reinstatement period or a limited driving permit available.

The change in the law, O.C.G.A. section 40-5-75 (d), now allows early reinstatement of your license and a limited permit if you are convicted of driving under the influence of marijuana or a controlled substance.

Apply For a 120 Day Limited Driving Permit

This means once you are convicted of DUI-Drugs or marijuana, a first in five years, you can apply for a 120 day limited driving permit. After 120 days, you can apply for early reinstatement if you complete the risk reduction course and pay a restoration fee to DDS.

Attorney Richard Blevins is an Atlanta DUI Lawyer who has over 20 years of experience in handling DUI cases in Georgia. He can help navigate you through the process of dealing with a DUI case.

by Editorial Team

Your First Court Date After Being Arrested for DUI in Georgia

Estimated Reading Time: 3 Minutes

No two cases are alike. However, after being arrested for a DUI in Georgia, you will be required to appear in court. This can be an intimidating process, but you don’t have to go through it alone. Hiring an experienced DUI attorney to defend you is one of the first steps to take in helping your case. They will handle your first appearance for you, walk you through your case, and advise you how to proceed.

In this article, we will give you a quick rundown of what to expect from your first court date.

What to Expect

During the time of your arrest, you will receive a time and location on your ticket to appear in court. You must appear or have an attorney appear for you, otherwise, the judge will issue a warrant for your arrest.

Your DUI Arraignment

At your arraignment–your first appearance–the judge will read your charges, inform you of your rights, and determine whether you can afford an attorney or need one appointed to you.

If you already have counsel, you will enter a plea of guilty or not guilty. If you do not have an attorney representing you at the time of the arraignment, the judge cannot move the proceedings forward until you do. You will enter a plea at the next court hearing once you obtain an attorney.

Acquiring Counsel

It’s smart to get counsel before your arraignment, but maybe you didn’t have time or you didn’t have the money. Ask the judge for more time to find a criminal law attorney and explain your reasons. Be forthcoming; the judge should give you the time needed to attain counsel.

Don’t waste this extra time given to you. Showing up to the second hearing without an attorney will not go over well with the judge. If for whatever reason you could not obtain counsel, you must demonstrate your efforts to hire an attorney.

Hiring a private attorney is not your only option. You may apply for a public defender if you can’t afford an attorney.

Not a lot may happen at an initial appearance

Once your attorney enters a “not guilty” plea, an investigation process follows. During this time, your attorney gathers all pertinent information about your case. They may file a motion to have evidence or the entire case dismissed. If a motion to dismiss is denied, your case moves on to a trial.

Whether or not you have an attorney, when you appear for your arraignment, consider the following points.

• Clear your day: Depending on the court’s schedule you could be there for a few minutes to several hours. Having an attorney helps you in this aspect since many judges take attorney cases first.
• Dress appropriately: You don’t need to wear a suit, but don’t show up in shorts, either. Demonstrate respect for the court by wearing something nice. Wearing your uniform for work is usually acceptable, too.
• Be patient: Don’t let your emotions become raw because of the wait or poor treatment by the staff. Stay calm and collected. You don’t want the prosecution to have any further ammunition to use against you. Being respectful to court staff and the judge will go a long way.

by Editorial Team

Are Wearable Alcohol Tracking Devices the Way of the Future?

Soon, Even Your Device Will Tell You You’re Drunk

TAC – Transdermal Alcohol Concentration. This may be a prospect for “safe” drinking. How will the alcohol tracking devices work? Let’s take a look.

Alcohol Tracking Devices Useful or Useless?

According to a recent study, TAC sensing watches or wristbands may be the wave of the future to eradicate the over-consumption of alcohol. A transdermal alcohol biosensor may help accomplish this goal by measuring how much ethanol is in your sweat.

Is this really as useful as it claims? Lag times of this new technology indicate TAC sensors do not indicate your alcohol level until at least 30 minutes after consuming your last drink. Finish a drink, wait 30 minutes. Finish your second, wait 30 minutes. Heck, if this was realistic, we would all be responsible drinkers!

That being said, the technology does show promise with smartphone integration capabilities as well as outdoing the competition (SCRAM ankle monitor) by detecting peak TAC 45 minutes sooner.

Current Technology

BACtrack appears to be the most useful technology to measure alcohol concentration on the market today. This device boasts a pocket-size breathalyzer and smartphone integration to let you know if you’re a few sheets to the wind too many. Even though this brand claims affordability, the device is more than just a party trick costing $80 per month at its entry-level subscription. Cost aside, if you’re looking to curb your consumption and increase your awareness, this device could save your life.

Drinking and Driving Today

About ⅓ of all traffic fatalities in the U.S. are due to drunk drivers. The National Highway Traffic Safety Administration (NHTSA) states that the most recent data shows 10,511 individuals were killed in such accidents in 2018.

Sandy Springs shares Georgia’s alcohol-related fatalities coming in at just under the national average. The population in Georgia that admits to driving after drinking too much is 1.4%. This may not seem like a large number, but we have to remember that these are people who admitted to committing a crime. When you consider the population of Georgia, that’s about 150,000 people driving intoxicated.

Current Safety Strategies

Law enforcement does its best to keep us safe from ourselves both federally and on state and local levels. Our heroes in blue implement various strategies to help maintain our safety and that of others when we are choosing to be irresponsible.

Outside of upcoming technology, present-day strategies include:

• Sobriety checkpoints: police stops to check for impairment.
• Ignition interlocks: breathalyzer that keeps your car from starting when blood alcohol concentration is above the legal limit.
• License revocation/suspension: taking away your license.
• Alcohol screening/interventions: screenings provided in professional settings for identification of alcohol-related issues.
• School-based instructional programs: teaching new drivers the dangers of drunk driving.
• Mass media campaigns: exposing the public to the dangers of drunk driving.

Should you be charged with Driving Under the Influence (DUI) while in Sandy Springs, there are multiple options to help rehabilitate your driving record. First, seek representation. Both Sandy Springs and the greater Atlanta area advertise Defensive Driving Courses as well as DUI courses, which may be offered in lieu of more severe punishment.

As always, there are several, easy ways to avoid a citation, jail time, and even death.

• Plan ahead. Take an Uber or arrange for a designated driver.
• Take the keys of inebriated friends.
• Always wear your seatbelt!

by Editorial Team

Marijuana Possession in Dekalb County

Back in mid-2018, Dekalb County Industrialized District, which includes Sandy Springs, wasn’t the first area to decriminalize marijuana possession under one ounce. However, while marijuana supporters everywhere were cheering, Sandy Springs found another way to penalize those found in possession of marijuana or those who even get close to it.

While this may sound ominous, here are the facts.

The change instituted almost two years ago allows anyone in possession of less than one ounce of marijuana to possibly face zero time behind bars and a monetary fine no more than $75. Offenses after the first are dealt with in an increasingly severe manner; however, compared with other cities and states, penalties remain low with a second offense fining $150, a third $300, fourth $450, and all latter offenses facing a minimum $500 and possible time in lockup for 60 days.

Pretty light punishments in comparison with prior years treatment of possession of illegal substances. Let’s look at Sandy Springs’ new way of managing the buying, selling, and using of recreational weed.

Less is more, or more is less?

Possession of marijuana (and essentially all other drugs) now falls under Sandy Springs Disorderly Conduct citation. How does this work? Due to delays at Dekalb County Courthouse, there is now a charge considered less severe than a speeding ticket under Georgia law.

Now, in addition to what we have come to know as disorderly conduct (i.e., violence, fraud, impeding traffic, etc.), Sandy Springs has added the following:

Be in or about any place where gaming or illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs are practiced, allowed or tolerated, for the purpose of or intent to engage in gaming or the purchase, use, possession or consumption of such illegal drugs, narcotics or alcohol…

Read more on Code of Ordinances for Sandy Springs.

What does this mean?

Using marijuana or any other illegal substance may be ticketed with a citation that barely raises eyebrows. Many of the illegal substances that would be a one-way ticket to a felony in most other cities and states in America now comes with a written ticket, a monetary fine, and perhaps a glare from our finest in blue. At worst, you may have to serve probation and/or be ordered into drug treatment.

The good news for marijuana users in Sandy Springs is that they will not face a looming criminal record should they receive the disorderly conduct citation. At the same time, how can this be beneficial for the Atlanta suburb when users of illegal substances, such as heroin and cocaine, are being allowed the same leniencies?

One argument stems from the Dekalb County system being overwhelmed. Sandy Springs’ officials claim that the disorderly conduct charge gives those using more dangerous illegal substances the chance to get the help they need instead of losing them in the larger state system. An admirable claim, if it works.

Know Your Marijuana Rights

If you are a supporter of marijuana use as a recreational and/or medicinal drug, you want to look into your rights regarding this matter as the lines between criminal offense and legality continue to be blurred between federal, state, and now even city laws and ordinances.

A criminal law attorney with experience in these areas can mean the difference between a mere slap on the wrist, your paycheck, and time in jail.

by Editorial Team

5 Strategies For A Police Encounter

At some point, you’ve had a police encounter. Whether you were speeding, jaywalking, or doing something decidedly worse, officers are charged with protecting you and others from unlawful behavior.

Most people feel jittery when speaking to police. The very engagement with our best in blue makes us question if we have done something wrong. To help ease this anxiety, let’s look at police encounters from the source.

Types of Police Encounters

You should first know the three tiers of engagement to help you recognize why an officer may be talking with you.

• Consensual Encounter: This type of encounter can be ended at any point by either party (you or the officer). Such an encounter does not require evidence or probable cause, and you are free to leave, refuse to answer questions, decline to identify yourself and ask the officer to leave your property. This is the most frequent type of encounter.
• Arrest: When an officer makes an arrest, she or he must have probable cause. To establish probable cause, law enforcement must be able to point to objective circumstances leading a reasonable person to believe that you have committed a crime. You are not free to leave, and the officer has grounds to search without additional probable cause.
• Investigative Detention: This encounter is less severe than an arrest; however, you are not free to leave. This type of stop must be supported by observable facts; however, the officer need only be suspicious that a crime has been, or is about to be, committed. During such an encounter, you would be especially wise to adhere to the following five police encounter tips to avoid arrest.

Tips for a Police Encounter

Stay calm and silent

Atlanta Criminal Defense attorney Richard Blevins shares his best tips for managing interaction with police.

1. STOP. Do not be tempted to avoid police contact. Even if you are unsure the cop is tracking you, there is no harm in stopping. If the officer is not pursuing you, they will carry on with what they are pursuing. They have bigger fish to fry.
2. Stay calm, don’t argue, don’t resist, don’t flee. Keep your hands in plain sight and make no sudden movements. Doing the opposite of any of these will get you a ticket to a holding cell or staring down the barrel of a pistol. At the end of the day, an officer stopped you due to suspicion of wrongdoing and must exercise caution to protect others and themselves.
3. The right to remain silent. Police are trained to encourage people to offer more information than they are asking about. When possible, answer ‘yes’ or ‘no’ and only answer what is asked. If at any point you feel uncomfortable, exercise your right to remain silent and consult with an attorney.
4. You do not have to consent to a search. Cops need probable cause to conduct an arrest or search. If a search is requested, you can say no.
5. Ask if you are free to leave. At any point, you may ask if you are free to leave. Again, an officer needs probable cause to make an arrest; however, lack of handcuffs does not mean you are free to leave. Ask first, walk away when consent is given.

Being questioned by law enforcement can be nerve-racking. While it may be difficult to think ahead in high-stress situations, remember the above tips to stay safe and contact an attorney in cases of arrest or investigative detention.

by Editorial Team

5 Reasons to Hire a Criminal Defense Lawyer

If you’ve gotten yourself into legal trouble, you’ve likely wondered what your next step should be. From getting a speeding ticket to riding downtown in the back of a police cruiser, there should be one thing on your mind right after staying calm. Learn why you should hire a criminal defense lawyer.

Do I need a lawyer?

If you’re an everyday citizen getting pulled over because you stepped on the gas pedal a little too hard, chances are this hasn’t even crossed your mind. However, if for any reason you have been avoiding being pulled over or have something illegal in your vehicle, deciding to call your attorney should be at the front of your thoughts.

Whether you have experience with the justice system or not, it is necessary to seek counsel.

Here are five reasons you should hire a criminal defense lawyer.

• 1. If you’re facing a criminal charge, lawyers experienced in this area will know several things you couldn’t. One such benefit is being familiar with the court system, prosecutors, and judges. Based on this knowledge and relationships, your attorney will be better able to sculpt your case for the best possible outcome. While we all have to learn our trade from the ground up, it is wise to seek the legal defense of someone with many years experience rather than a potentially cheaper and inexperienced attorney.
  • • Sandy Springs Criminal Defense Attorney Richard Blevins has many years experience from being a veteran police officer to former prosecutor.
• 2. You will want to find an attorney who is familiar with defending cases based on your specific charge. You may find attorneys who dabble in a little bit of everything from divorces to real estate. The last thing you want is a lawyer unfamiliar with defending criminal cases. For example, if you receive a DUI, there are various strategies your defense attorney can use to lessen or dismiss the charge. However, for an attorney who doesn’t specialize in this area, you may end up with whatever plea deal the prosecuting attorney chooses to throw your way.
  • • There are several types of DUI charges in Georgia. Attorney Richard Blevins has an extensive background defending clients charged with DUI, and has been a DUI defense attorney in Atlanta, GA since 2005.
• 3. A good defense attorney can protect your money. You might think going it alone is the cheapest way to manage a citation or charge. However, you will be surprised to find the many hidden fees associated with the legal system. From paying court fines and surcharges to shelling out coin for services ordered by the court should you be found guilty. Ultimately, hiring an attorney will save you money.
  • • Contact DUI Defense Attorney Richard Blevins for a consultation.
• 4. Protecting your money is also protecting your future. Without a defense attorney, you may be convicted or get a plea deal that will follow you around for a lifetime. Such convictions can threaten your career, family, and social life.
  • • Richard Blevins, DUI Defense Attorney, has had great success in getting DUI charges dismissed or reduced in many cases.
• 5. Sometimes, a charge may be dismissed due to misconduct by law enforcement. Only a seasoned defense attorney will know if how your case came together was legally conducted by police.
  • • DUI Defense Attorney, Richard Blevins, has formerly worked as a prosecutor as well as a police officer. He is well-trained in each area making his knowledge unparalleled when defending DUI cases.

If what you’re seeking is the best outcome, hire a criminal defense attorney who will fight to protect your future.

by Editorial Team

5 Reasons to Fight a DUI Charge

Laws vary from state to state surrounding the severity of punishment that comes along with a DUI In Sandy Springs, GA.  The law is in-depth and lengthy. Learn why you should fight a DUI charge.

Drunk Driving in Georgia

For your very first DUI offense in Georgia, you can expect the following:

• At least 24 hours in jail
• 40 hours community service
• Suspended drivers license following conviction
• Fines from $300-$1000 + statutory surcharges, which will double the amount
• Attend and successfully complete a 20-hour DUI class
• Undergo alcohol/drug evaluations from a licensed addiction specialist (whose recommendation must be followed)
• 12 months probation (deducting time served in jail) following your arrest

If these first offense punishments aren’t enough to scare you away from drinking and driving, perhaps these five reasons will.

Why Fight a DUI

1. $$$$$. Tangling with the justice system is expensive. Even without hiring an attorney (which you should), you will still be facing court costs and fines that will easily add up to $1000+. What else is going to come out of your pocket? Increased car insurance premiums, payment for drug screens, ignition interlock device for your vehicle, and probation supervision fees. You might think not hiring an attorney is the cheapest way to manage a DUI charge; however, admitting guilt and being ordered to jump through a myriad of hoops is the most sure-fire way to burn a deep hole in your pocket. Do yourself a favor, call your lawyer.
2. Speaking of money, did you know a DUI conviction is likely to take away employment opportunities? DUI’s stay with your forever. If you have a job when you get a DUI, you might be looking at being fired or suspended. Not to mention a negatively impacted credit score and only being able to obtain higher interest rates on loans. You’re basically now considered high-risk for anything you apply to do/get. Still think you can’t afford a lawyer? Your attorney might just be the one saving your ability to make money. After all, arrest records are public knowledge, and potential employers today regularly use the internet to research candidates prior to hiring.
3. If you have kids, a DUI could interfere with your parenting, especially if you’re co-parenting in a separated/divorced relationship. Your responsibility may be called into question by your co-parent and also raise red flags within family court. It’s possible a judge may restrict your right to drive your child or even spend time with them depending on severity.
4. Probation isn’t easy. If you’ve never been on probation before, chances are you don’t realize the implications this type of restriction will have on your lifestyle, finances, and social circle. There are several rules you cannot break if you hope to ever be free of probationary measures, such as no leaving the state without permission, monitored driving, random drug screens, regular reporting to your probation officer. The list goes on.
5. Conviction isn’t a guarantee. Even if you know you’re guilty. Defense attorneys with expertise in this area may very well be able to avoid a conviction and clear this hiccup from your permanent criminal record. However, you won’t know unless you call your lawyer and ask!

There is one way to be 100% sure you won’t be convicted of a DUI. Don’t drink and drive!