Atlanta DUI Lawyer FAQs
As a team of premier Georgia DUI attorneys, we are used to fielding lots of questions about this area of the law. Below, we have answered a few of our most frequently asked questions.
However, please note that these FAQs are provided for informational purposes only, and viewing them does not create a client-attorney relationship with Hawkins Spizman Kilgo. If you would like to learn more about how we can help you as Atlanta DUI attorneys, please contact us at 770.685.6400.
1I've been charged with a DUI. What are my options?
2Why should I plead guilty to driving while intoxicated?
3Should I plead guilty to DUI?
Should you plead guilty, the court will ask you to agree to waive your constitutional right to a jury trial, an appeal, and protections that prevent you from incriminating yourself. Then the judge will sentence you to jail for somewhere between the minimum and maximum allowable amount of time. A DUI defense lawyer can help you in plea negotiations where it may be possible to avoid jail, license suspension, or perhaps even the DUI charge on your record.
4What kind of sentence could I receive from a DUI Conviction in Georgia?
5What is the legal definition of Driving Under the Influence in Georgia?
- Driving or in actual physical control of
- any automobile or other motor driven vehicle
- on any public road, highway, street, alley, parking lot, or any other premises frequented by the public at large, while
- under the influence of any intoxicant (alcohol or drugs), or
- with the blood or breath alcohol concentration of .08% or greater, OR
- to the extent that the person was less safe to drive.
An experienced Lawrenceville DUI lawyer can help you to analyze and contest the evidence in your case, which in some cases may result in the dismissal of the charges or a reduced plea agreement.
6Am I required to take a field sobriety test?
If you are arrested in Sandy Springs, talk to a Sandy Springs DUI attorney if you have other procedural questions about your arrest. The lawyers at Hawkins Spizman Kilgo practice in the Sandy Springs Court and in Fulton County on a regular basis.
7Could I have selected a blood test rather than a breath test during my DUI stop?
If, for example, you are charged in Johns Creek, a good Johns Creek DUI attorney may help you to contest the results of a blood alcohol test. Just because you took the test that the police demanded, does not mean that test is admissible in court. If the test result is not admissible in court, the judge will not allow the prosecutor to use that evidence against you to try to prove the DUI charge.
8Do I have a legal right to refuse a breath or blood test?
Suppose you are arrested by the DeKalb County police in Dunwoody, and the police officer did not seem very well-trained in DUI investigations. If you think your field sobriety tests may have been administered incorrectly, it’s important that you speak with a Dunwoody DUI attorney who can evaluate every aspect of your case.
9Do I have a right to consult with a drunk driving attorney prior to taking a chemical test?
10Do I have a legal right to obtain my own blood alcohol test?
Your Atlanta DUI attorney can work with you even after you have been arrested to obtain the results of a chemical test taken by the police following a DUI stop and arrest.
11I don't recall the officer ever reading me my Miranda rights. Can this influence the outcome of my legal defense?
You should contact an experienced Alpharetta DUI attorney (or a DUI lawyer in the jurisdiction of your arrest) to thoroughly investigate your case and determine if the officer’s failure to read your Miranda rights may impact your case.
12Could my DUI charge be reduced to a lesser charge?
13Can a DUI be a felony?
If you are facing a DUI charge and have been arrested for driving under the influence in the past, it is critical that you have DeKalb County DUI lawyers working on your behalf
14May I drive while my DUI case is pending?
If you have specific questions about your driver’s license and/or rights following a DUI arrest in Lawrenceville, for example, speak to an experienced Lawrenceville DUI lawyer at Hawkins Spizman Kilgo who can answer your questions.
15Will a DUI conviction raise my insurance rates?
This is just one more reason that it’s important to have the right Georgia DUI lawyers on your side, helping to protect your freedom and reputation, and to minimize the financial consequences that follow from getting a DUI on your record.
16Will there be a permanent record of my DUI conviction?
For this reason, if you are arrested in Marietta, having the right Marietta DUI attorneys working for you can be an important part of protecting your career and reputation.
17Can my DUI arrest be erased from my criminal record?
Additionally, several specific procedural steps must be taken have a charge expunged from your record. If you qualify for expungement (in other words, if your DUI is dismissed) is you should seek the help of an experienced Atlanta DUI attorney for assistance.
18What effect does a DUI conviction have on my commercial driver's license?
For help with your specific situation if you are arrested in Roswell, contact the Hawkins team of Roswell DUI lawyers for an initial consultation
19I have a Commercial Driver's License, am I eligible for a restricted license?
If you have a CDL and are arrested in Cobb County, for example, our team of Cobb County DUI lawyers has extensive experience working with commercial driving DUI defense. Contact us today for personalized consultation.
20How much do private Atlanta DUI lawyers charge?
Get Help Now!
Schedule your FREE CONSULTATION today! Hawkins Spizman Kilgo will meet with you to evaluate your DUI/DWI case and provide you with an explanation of the law and procedures which are applicable to your case. Every day counts, don’t delay!