DUI In Georgia

Reader’s Question:

What is the 10 day rule in Georgia regarding my DUI case? I live in Augusta GA.

Michelle

Thank you for asking Michelle.

Aside from the tickets, you may have gotten an 8 x 10 yellow piece of paper that says Georgia Department of Public Safety. This is referred to as the DPS form 1205. If you either refused to submit to the state official test, or if you submitted and have a test result of 0.08 grams or higher (age 21 or more), .04 or higher (if operating a commercial vehicle), or .02 or higher (if under age 21), the state will attempt to suspend or revoked your license or privilege to drive for one to five years. This attempt to take away your right to operate a vehicle will occur PRIOR to any trial (in most cases) and will be automatically entered against you unless you file an “appeal” letter within 10 business days after the date of arrest.

Filing an “appeal” provides you the chance for a hearing with an independent Judge in Georgia. It is different from the criminal case, and the issues to be dealt with are completely different. The result of the hearing will determine if you will be able to obtain your driving privileges until the end of your DUI case or if you will lose the right to drive in Georgia prior to your trial. So it is important to get the best and experienced DUI lawyer in Georgia.

Goodluck!

MariCAR

Reader’s Question:

I need a lawyer for my DWI conviction but what if I can’t afford a lawyer? What do I do? I live in Atlanta Georgia.

Gene

Thank you for asking Gene.

If you are arrested for DWI in Atlanta GA, you may need the assistance of a criminal defense lawyer with experience handling DUI cases. Unlike civil law cases in which money or property may be at stake, people charged with DUI may face penalties like jail time and driver’s license suspension if arrested or convicted. An experienced lawyer who is familiar with the intricacies of DUI cases will review all the evidence to ensure that your rights are protected, including careful scrutiny of the procedure and results of any field sobriety and chemical tests administered in your case.

At most steps in the criminal justice process, the state of Georgia guarantees the assistance of an attorney to almost all people who have been charged with a crime. This means that, even if you cannot afford to get a DWI lawyer for yourself, the government will provide you with a lawyer free of charge. Usually these lawyers are employed by the government as “public defenders”, and they are responsible for zealously protecting a criminal defendant’s rights at all stages of the criminal process — from arrest to appeal.

Goodluck!

MariCAR

Reader’s Question:

Is it important to get the best lawyer in Georgia for DWI charge? Im thinking that this might be very expensive.

James

Thank you for asking James.

Basically it’s so important to hire the best DWI lawyer in Georgia because it’s possible to get acquitted from a possible conviction. DUI attorneys have the abilities to do this. Here are some of the reasons why you should get the best lawyer in Georgia:

1. DUI conviction will affect your life since you will have to pay a penalty, surrender your driver’s license, maybe perform some community service, or even go to jail.

2. There is a huge stigma attached to being caught for DUI because it’s quite humiliating when your friends, relatives, or people around you come to know that you are convicted for DUI.

3. Without the help of an online DUI lawyer, you might have problems in finding job.

4. DUI conviction may have an impact on your family issues too.

5. It might even affect your higher studies. Some universities take fitness and character review before enrolling for courses.

Goodluck!

MariCAR

Reader’s Question:

What may be the cost and fees for hiring a DWI attorney in Georgia?

Allan

Thank you for asking Allan.

Georgia DWI attorneys charge legal fees which depend on the type of case you have and the amount of time the lawyer will spend on your case. You may also choose from different types of paying schemes that include hourly charges or flat fees.

Hourly rates are calculated by multiplying the lawyer’s hourly rate with the number of hours he spends on your case. You will also pay for the time of the attorney’s assistants and other staff members as they file, research, and process numerous documents and pieces of information necessary for your case.

Contingent fees are payments whereby lawyers receive a pre-approved percentage of the amount you may receive if the case won. Because there are no possible financial rewards involved in defending a DWI case, expect to pay legal expenses up front. The attorney may request a retainer if he is working on an hourly rate, and he will deduct charges from this pre-payment as they are incurred. When you initially hire an attorney working on an hourly rate, it would be wise to make sure you have an agreement on a ceiling for the legal fees the lawyer may charge.

Attorneys also work for flat fee rates. Many DWI attorneys in Georgia will have a set rate for all of the work required to defend you  for a DWI case. When you hire an attorney on a flat rate, make sure you understand everything that is covered by that payment, and what further payments may be required should your case proceed to court or further. For example, you are arrested for DWI in Georgia and hire  an attorney. He charges you a flat rate of $10,000. For this payment, he will begin working diligently on your case toward getting it dismissed or the charges reduced. His office takes care of all of the paperwork and arrangements with the court system, conducts investigations, performs depositions and other required steps to prepare your defense. If you and your attorney are unable to prevent your case from going forward to court, you may very likely have to pay again for him to continue to defend you in court. If there are appeals after the case, you will pay again for that part of the process. So make sure you know exactly what the payments will be and exactly what you can expect for each payment.

Normally lawyers calculate their legal fees without including court costs and filing fees that you, as the client, need to pay at once. So always remember to ask for a detailed explanation of a lawyer’s fees and payment modes before you even hire a lawyer in Georgia. Georgia DWI attorneys charge fees are on the agreed amount that you are both comfortable with. Prices vary widely from lawyer to lawyer, so there are no standard fee schedules.

Goodluck!

MariCAR

Reader’s Question:

Do I need to get DUI lawyer in the state of Georgia for my DUI arrest?

Harold

Thank you for asking Harold.

It is important to get a lawyer for DUI defense in the state of Georgia. This is because that DUI lawyers represent the constitution and force law enforcement to follow the rules and regulations that they are required to follow. Most citizens don’t know what the rules and laws are, much less how to navigate them, so it is important to have someone experienced with these matters on your team.

What most individuals don’t understand is that these DUI lawyers protect all of our rights by defending those accused of a drunk driving or DUI related offense. If it weren’t for these same DUI lawyers properly defending their clients, our law enforcement and judicial system would not take the time to ensure that all of our rights as citizens were being granted.

The fact that the officer knows there are a slew of aggressive DUI attorneys anxious to methodically poke holes in his arrest forces him to provide the accused with all of his/her rights and ensure that the person is treated fairly according to law.

Goodluck!

MariCAR

Reader’s Question:

I was charged with DUI and I am looking for a lawyer who can assist me. Im searching online for a lawyer in Georgia. Can you please help me what I should be looking for in a lawyer in their websites?

Remy

Thank you for asking Remy.

It is indeed hard to find a best lawyer for your defense in Georgia online. The following guidelines may be able to help you to do some initial screening and narrow your list of lawyers down to three or four prospective candidates in Georgia online:

1. You may use the search engines to surf the Internet. Make a research under the name of each lawyer and his or her law firm. Look for any articles or any information that the specific lawyer has done in the past cases regarding DUI.

2. Now, check at biographical information, including whatever you can find on Web sites for the lawyers and their law firms. Check if they have expertise in the area of DUI or if they belong to any reputable associations in Georgia.

3. Ask other people if they have heard of that specific lawyers and what they think about them.

4. You may contact your state bar association or visit their Web site to find out if the lawyers are in good standing.

5. Check out the yellow pages of your telephone directory in Georgia and check if they advertise.

6. Check out the online archives of your local newspaper if there has been any publicity about the lawyer and the cases he handled in Georgia.

7. You may also consider any special needs you have like any language he can speak other than English.

Good luck!

MariCAR