The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Of more consequence in most cases is the failure to advise you of the state’s “implied consent” law that is, your legal obligation to take a chemical test and the results if you refuse. This can affect the suspension of your license, so pay particular attention to whether or not this advisement was given.
DUI is a serious criminal offense. Generally the penalties include suspension of license for a period of time besides probation or prison term. You may also be required to pay fines and fees. Factors like if anyone was hurt or killed, if a child was in the car and if you have prior DUI convictions play an important role in determining the penalty for driving under the influence. Our DUI and Criminal Defense attorneys are based in Augusta, GA (Georgia). If you have been charged with DUI in Augusta, GA (Georgia) or anywhere throughout the CSRA, including Columbia County, Richmond County, Lincoln County, McDuffie, Jefferson and Burke Counties, Evans, Appling, Waynesboro, Louisville, Thomson, Lincolnton, Girard Georgia & Aiken, South Carolina & North Augusta SC, contact us.
There are several aspects of the DUI case which you should thoroughly discuss and analyze with your DUI lawyer. As a defendant in a criminal case, you have the legal right to contest the conduct and result of blood alcohol tests. Issues affecting the manner at which the test was administered and even the technical competence of the officer conducting the test may be challenged by the defendant in the DUI case. There is nothing pleasant about being charged with a DUI. Any Georgia DUI lawyer can tell you that. No matter what you believe to be fair, the consequences for of a DUI are purposefully inconvenient and should be taken quite seriously. In most instances your driver’s license is suspended, issued heavy fines or even spend some time in jail. These consequences can make something as simple and important as getting to work a challenging undertaking.
The determination of probable cause is a critical element of the DUI offense. There are legal requisites that have to be satisfied before an arrest for a suspect DUI offense can be implemented. Under a contested DUI arrest, your DUI lawyer can move for the suppression of the results of the test for blood alcohol level.
Across the USA, the most common crime booked in a year, by far, is DUI. Driving while intoxicated is no minor matter. A person can get anything from a warning to jail time. DUI can start as a misdemeanor and escalate into a felonious crime by degree; however, no matter what degree of culpability you face, DUI can turn your world upside-down. But a DUI charge must be proved in a court of law.
In Georgia driving with a blood alcohol content of .08 or above is considered under driving influence. The permitted level for minor drivers is .02. For commercial drivers, the limit is .04. Anyone with a blood alcohol level of .15 or more may be subject to higher penalties. In Georgia the police generally use the Intoxilyzer 5000. The Intoxilyzer 5000 is generally considered accurate but can be affected by body temperature, electrical currents, breath sprays and other conditions including the condition of the device and the officer’s training in using the device.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney
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