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Five Things Police Screw Up During a DUI Arrest

 

There are numerous circumstances during a DUI arrest that could work to your benefit; having the right lawyer on your side could make all the difference.

Police officers are trained to look out for certain telltale signs that could indicate intoxicated driving. If there is insufficient probable cause based on facts observed (rather than simply the smell or bloodshot eyes), officers must discontinue the stop.

1. You Don’t Do the Field Sobriety Tests

Police who suspect someone of DUI must conduct a thorough investigation, including questioning the driver, observing their bodily movements and administering standard field sobriety tests. All these measures help build probable cause against that individual and lead to their arrest.

An officer may pull you over for suspicion of DUI for various reasons, such as swerving, crossing a double yellow line or driving erratically. Even something as innocuous as searching for your license or registration will likely prompt an officer to write up their report on the incident.

Police will also observe your responses, eyes and body odor; how you perform various tests; as well as any resistance and/or belligerence shown towards officers during your interaction. All these observations will go into their report which can later be used against you in court proceedings. When speaking with law enforcement it is crucial that you remain polite and respectful as everything will be recorded on video footage for future reference by court officials. Any attempts at resistance and belligerence only serve to make them suspect your guilt more strongly in their eyes.

2. You Don’t Do the Breath Test

Police officers will request drivers submit to breath testing devices, but it’s crucial that you don’t do this. If you do blow into a PBT and register a blood alcohol content (BAC) of 0.8% or above, this could serve as probable cause for arrest and potentially DUI prosecution.

Blood or urine tests tend to be much more accurate than breath tests and this could work to your advantage in your case. Unfortunately, however, blood or urine tests can still go wrong due to medical issues, a lack of training, language barriers and impatience on the part of some test administrators.

Refusing to take a breath test is your legal right and may prevent you from losing your license for one year. If you fail to request a hearing within 10 days after being arrested, your license will automatically go into suspension – however we can help with this! Reach out to us now and learn about our DUI defense services that could fight to help regain it for you!

3. You Don’t Do the Blood Draw

As it can be very stressful and frightening when police pull you over for DUI, the arrest process must adhere to stringent protocols in order to protect your constitutional rights and preserve evidence chains in court. Thus it’s essential that you understand common mistakes made by officers as part of their investigations that could later be used against you in your case.

Police can legally request blood tests of suspected drunk drivers during DUI stops, but cannot compel you to submit without first getting your consent or obtaining a warrant. Due to health risks associated with drawing blood samples and laws put into place to ensure they are collected, stored, and analyzed appropriately.

When giving a blood sample, an officer will conduct specific tasks and keep detailed notes to ensure the process was conducted accurately. These steps are crucial in order to suppress your results in court; however, the longer and more complex the procedure becomes, the higher is its likelihood that mistakes occur.

4. You Don’t Do the Attitude Test

As soon as the police approach you for questioning, remember that any statement can be used against you. Be polite and respectful at all times; address each officer as “officer” and avoid making sudden movements. Avoid making police officers uncomfortable by getting aggressive or making statements that could escalate a situation. Be wary of becoming combative with them or becoming argumentative; that only escalates matters further. Your attitude can make an enormous difference to how the officer views you and could determine whether or not they investigate you for DUI. This is particularly relevant if they observe inconsistencies during field sobriety tests like stepping off of the line during a one-leg stand or jerking your eyes when trying to bring their finger out 45 degrees.

5. You Don’t Resist Arrest

DUI (driving under the influence) charges can have lasting repercussions for years or even life, and to avoid becoming one it is essential not to drink and drive in the first place; if caught resisting arrest can only make matters worse for yourself and those around you.

Once pulled over, immediately roll down your window and turn off your radio. Keep your hands visible so an officer can easily see them when answering any questions asked of you by an officer, answering politely yet briefly when asked any queries; remembering you have the right to remain silent and retain legal counsel if needed.

Be prepared to present an officer with your license, registration and proof of insurance as quickly as possible. Fumbling for these items could be seen as evidence of intoxication or impaired driving; refusing a roadside breathalyzer will be noted similarly. If arrested later on, expect more sophisticated tests at the police station; make sure to keep an account of what happened during this stop and write everything down; this can help refresh your memory later when speaking with a criminal defense attorney.

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Atlanta DUI Attorney and Reduced Charges

 

Atlanta DUI Attorney

How an Atlanta DUI Attorney Can Reduce Your Charge

If you have been charged with driving under the influence in Atlanta, it’s essential that you hire an experienced DUI attorney. These specialists can reduce your dui charge to a lesser offense and create a payment plan tailored specifically for you.

Aside from being a huge financial burden, a DUI conviction can also have an adverse effect on your life. Your license could be suspended or revoked and your ability to get to and from work will be severely limited.

1. Why Hire an Attorney?

Driving under the influence is a serious offense that can have far-reaching effects on your life, from personal relationships to finances and employment prospects. If you are caught, it could mean the end of everything in your path; from relationships to livelihood.

When facing DUI charges in Atlanta, it is critical to retain legal counsel. An experienced attorney can help build your defense and strive for the best possible outcome in your case.

Driving under the influence is a serious offense and carries heavy penalties for those found guilty. Nevertheless, there are ways to beat the charge and minimize its negative consequences on your life.

If you are facing a first-time DUI charge in Atlanta, it is essential that you contact an experienced attorney as soon as possible. Doing so gives your best chance for having your charges reduced or dropped and can prevent costly and devastating effects on both your life and career.

You should also be aware that the penalties for a first-time DUI are much less severe than those faced for repeat offenses. However, if you are convicted of two or three DUIs within five years, you will face increased jail time and an extended license suspension.

A qualified Atlanta DUI attorney can negotiate a plea deal with the prosecutor that may reduce or even eliminate your penalties. Furthermore, an experienced lawyer can quickly get your driver’s license reinstated so you can resume driving as soon as possible.

When selecting an attorney to defend your DUI case, experience and success are key. Atlanta DUI Attorney Group (ADAG) have decades of expertise handling Georgia cases; our attorneys include former police academy instructors as well as DUI prosecutors. Contact us today to discuss your case in more detail!

2. Reduce Your Dui to a Lesser Charge

According to the circumstances, an Atlanta DUI attorney may be able to reduce your charge down to a less serious offense through plea bargaining. In such a deal, the prosecutor agrees to reduce DUI or DWI from its original level to something like reckless driving.

Reductions can be obtained in both municipal and county courts. To maximize your chances of success, it’s best to hire an attorney experienced in handling DUI cases. They understand how prosecutors and judges typically react to certain aspects of your case and use Georgia DUI laws to your advantage.

A DUI conviction can have a severe impact on someone’s life, especially if they already have a criminal record or are employed in an occupation that requires driving. Potential employers may view a DUI conviction as evidence of untruthfulness or dishonesty, potentially leading to their refusal to hire you again in the future.

A DUI conviction not only has a personal toll, but it can have financial repercussions as well. Penalties, jail time, loss of driving privileges and community service are just some of the costs that may accompany a conviction.

If you are arrested for a DUI in Atlanta, it’s best to hire an experienced Atlanta DUI lawyer who has knowledge of dealing with the prosecutor and negotiating plea bargains. Lowering your charge could benefit you in the long run and may mean less jail time.

Unfortunately, there are many attorneys offering low fees that seem too good to be true. You should be aware that some of these lawyers may be scams and won’t perform as promised. Therefore, it is essential that you find a legal professional who will provide a written fee agreement as well as define the scope of their representation for you.

3. Work Out a Payment Plan

When facing DUI charges in Georgia, the cost of legal representation can be a critical factor to consider. Some attorneys work on contingency basis – that is, you pay them only if they win your case – while others offer payment plans.

Many accused citizens who are arrested for drunk driving do not have the means to invest in legal defense. As a result, they often search online for “cheap DUI lawyers near me” or similar phrases.

Unfortunately, these searches can lead to criminal defense attorneys lacking the skill and experience necessary for defending a DUI case. Furthermore, they may not know which courts to select in order to get your charge reduced or dismissed.

DUI cases can be highly intricate and time-consuming. That is why it’s essential to hire a lawyer with extensive experience in the court where your case is pending.

Atlanta DUI Attorneys can work with you to make the cost of your case manageable. They’ll explain all costs involved and give an accurate estimate, so that you can make an informed decision about hiring them.

Are you uncertain about the cost of a DUI case, or ready to work with a lawyer? Contact our office for a free consultation today. Our knowledgeable DUI Attorneys will answer all your queries and explain how we can ensure the best possible outcome in your case.

4. Benefits of Attorney Representation

Driving under the influence (DUI) is a serious offense that can have far-reaching repercussions in your life. It increases your insurance rates and can limit future employment prospects.

When facing DUI charges, having a reliable attorney by your side is essential. DUI laws are highly complex and require someone who understands local regulations as well as how to negotiate with prosecutors on your behalf.

An experienced DUI attorney can negotiate a better deal with the prosecution by pointing out any weaknesses in your case and bringing mitigating factors to their attention. This may reduce or even dismiss the charge altogether.

Another advantage of working with an attorney is that they will be by your side throughout the entire process. They can assist in creating payment plans and guaranteeing the case runs smoothly on schedule.

They may also be able to help reduce your Dui to a less serious charge, such as negligent driving. This is often a much simpler and cost-effective alternative than taking legal action against the DUI in court.

Finally, hiring an attorney can help you avoid having to attend a mandatory driver education course or treatment program that could cost hundreds of dollars.

In addition to these costs, you’ll also have to pay court-ordered fines and fees for sentencing. These costs vary by state but usually range from $300 to $2,000.

Hiring an attorney for your DUI case can be one of the wisest decisions you will ever make. Not only does it save time, money and stress on the case, but a knowledgeable lawyer also offers several other advantages that come with having one on board.

5. Help With Reinstatement of Driver License

When your driver’s license is suspended due to DUI, it can be a devastating experience. Without access to reliable transportation for work, school or other important destinations, you may find yourself dependent on friends, family members, expensive taxis or unreliable public transport services for transportation. It doesn’t have to be that way though; with these resources in place you don’t need any excuses!

Fortunately, there are ways to get your license reinstated. With the assistance of an attorney, you can appeal your suspension and apply for a limited driving permit. This permit will enable you to drive legally; however, be aware that any traffic offenses while having this permit will result in its loss again.

Another way to obtain your license is by taking a re-education course. These sessions typically last 20 hours and provide instruction on how to safely operate your vehicle once again.

A DUI lawyer may also be able to assist you in securing an ignition interlock device. These are mandatory for DUI offenders and require passing a breath test before being allowed back behind the wheel again.

Though the process for regaining your license can be lengthy and intricate, there are numerous resources to assist you along the way. An attorney will be able to guide you through each step, providing support and accountability throughout.

If you need help fighting a DUI charge or restoring your driver’s license, reach out to an experienced Atlanta DUI Attorney right away, our team is dedicated to protecting your rights throughout every step of the process.

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DUI Attorney Atlanta – DUI “After the Fact”

 

DUI arrests come in many forms. Some of these are especially strange and funny. We have heard of DUI arrests in homes and hotels, hospitals, churches, inside a motionless vehicle, in an unmoving car trying to sit out soberness, and even on private properties after policemen have followed offenders’ homes with reports and pieces of evidence against them while driving. These series of strange arrests seems to be unsettling the masses and so many of them wish to know what is legal and what is not in order to stand up for their own rights when needed. First, we wish to inform you that you need an DUI attorney Atlanta to stand up and do it right. That being said, we will also give a quality response to questions regarding DUI “after the fact” arrests.

DUI Attorney Atlanta

What is DUI “after the fact” arrest?

Just as it is stated, “after the fact” means that after the deed has been done, after you have ‘successfully’ committed a DUI offense and you probably think to have avoided the consequences of your actions and inactions in the process. We are not sorry to inform you that just because you have managed to get home after driving under influence would not always save you from the consequences. Just because you have left the scene of a DUI inspired occurrence like accidents and property damages would probably not always save you from possible punishments and penalties too. If you think the arrests “after the facts” are rare, you are probably right. However, when they do happen, the consequences can be as serious as immediate arrests.

There are ways police officers deal with DUI “after the fact” arrests. Here are a few of them:

DUI Elements

The states of the United States have varying DUI laws to a certain level. However, Atlanta DUI laws could be ranked among one of the most difficult, even though it has fairly common elements with others. Because of this, DUI Attorney Atlanta always want individuals to be aware of the important clauses of these laws so as not to fall victim to their own dooms with the damaging consequences of the brazen safety laws. The common clauses and meeting point of most DUI laws is that;

– You are driving a vehicle.
– You are under an influence while you are drive.

In all sincerity, these elements could be very difficult to prove as simple as they may seem once you are arrested by law enforcement agents. It is more difficult because the police do not need to catch you while you are driving themselves. They only need to prove the need for your arrest with retrievable pieces of evidence, reports and eye witness accounts. Photos of accident scenes and property damages could be very vital here as well.

These proofs, pieces of evidence and witnesses would probably not be enough until the police officers are able to prove that you are truly under the influence while those things happen. To further prove their points, they can administer a sobriety test for you in your home and other locations even when you are not driving. The tests are believed to be accurate enough to figure out what your BAC (Blood Alcohol Concentration) level would have been while driving. These and many more reason are why you need a professional and experienced Atlanta DUI attorney in your defense. He would know what do and what steps to take to bring clarity and sanity into the mentioned situations even if eventually you will be charged with the offense.

The truth about “After the fact” DUI defense

There are two difficult sides to an “after the fact” DUI arrest. It can be more difficult to defend by your Atlanta DUI attorney or very hard to prove by police officers. This is because a body of evidence is required. It becomes more difficult if the police officers could produce enough pieces of evidence and are still able to nail your arrest with clear proves that you commit the offense. This could still be challenged anyway, especially if your Atlanta DUI lawyer could prove

-That you are not driving.
-That you was not your car.
-That someone else was responsible for the evidences shared.

He could also state that conducted sobriety tests are inaccurate since it is done after hours, and you could have become intoxicated much later.

The fact is that your defense could be premised on more reasonable and intelligent grounds than these depending on the experience and how professional your lawyer is. The DUI attorney in Atlanta are actually near you and are definitely up to the task.

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DUI Lawyer Atlanta – The Most Common DUI Arrest Mistakes People Make

 

People fear DUI arrests for its huge and odious consequences. These may include but are definitely not limited to financial fines, certain periods of jail term, mandatory community service, dented individual’s criminal record and in fact felony for more than one time offenders. The truth, however, is that a lot of people have only a little knowledge of DUI laws as applicable to states in the US federation. Because of this, DUI Lawyer Atlanta has always made reasonable and active efforts in broadening peoples’ awareness and educating them at every possible opportunity on the most important things to know about their DUI arrest and related encounters.

DUI arrest

DUI is always a thing of worry for many because most of the time, it is their first experience to deal directly with the law. The confusion regarding this is understandable. Therefore, it is possible to make mistakes that could make the big difference between a favorable result and a possible conviction. These are the few mistakes you could make as an individual;

Ignoring DUI charges
Not treating your DUI charges seriously is probably the worst thing to do after getting an arrest. It doesn’t matter whether it is your first offense or not, you will be facing harsh penalties which could impact your life very negatively beyond your imaginations. The worst it would do for you as a first-timer who probably has no past criminal record is denting that feat and stamping a permanent mark on the record. Of course, this could cause you many more woes including causing severe damage to your employment prospects, the ability to apply for a place to live and many other issues.

Talking your way out
A first time DUI offender who has never really come up against the law in any way may ignorantly treat his or her DUI arrest as a mere misunderstanding and thus attempt to disclose an emotional side of the story to clear things up. Don’t try that! Just keep your mouth shut and get an Atlanta DUI lawyer to your rescue. There is a high possibility that everything you say would be used against you in your trial. They are sometimes admissible pieces of evidence in the court. Be sure as from today that DUI arrest is never a misunderstanding or cheap arrest. Treat it as huge as it is to avoid telling sorry tales for yourself.

Admitting your guilt
Admitting your guilt at DUI arrest is like ending your case before it actually really began. You have judged yourself and unknowingly picked a punishment for your misdeed. Try and understand that an arrest doesn’t transmit automatically to guilt. Once you plead guilty or no contest, you have simply faltered the case and your lawyer would not be able to conduct any further investigations or mount a defense to save you. Once you admit your guilt, the judge now has full discretion for your sentencing. This means that he or she can now serve you the maximum penalties attached to the crime.

Driving with suspended driving privileges
Most times, the DUI charge could mean that your drivers’ license would be confiscated for certain periods. At this time, you are expected to stay clear of driving on public roads. Unfortunately, many people still risk driving even with the said penalty. If you are caught in this act, you may be bagging a longer suspension or in fact a permanent revocation. Whichever way, more penalties await you.

Court snub
Once your arrest progress into a charge, a hearing is imminent. This includes an appearance in court to plead innocent or guilty of the said charge. Failing to appear in court on the stated date would attract that a bench warrant be issued in your name. This would result in your arrest and in fact more penalties.

Not hiring a DUI lawyer
A huge risk to take but some people still sniff the danger knowing fully well the ardent and dangerous consequences of a DUI charge. Let me begin by saying that the best way to avoid all of the mistakes mentioned earlier is never recruiting an experienced Atlanta DUI lawyer to defend you. Why? He is professional and has enough wealth of experience to guide your choices of words and actions from the arrest till court. He will take you through the intricacies of the criminal justice system and build an effective defense on your behalf. He would ensure that you take all proper steps so as not to fall in the pit of further sanctions, therefore attempting to represent yourself without this stated knowledge would be tantamount to self-compromise.

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Atlanta DUI Attorney – Ten Police Mistakes To Capitalize On In Your DUI Defense

 

A very professional Atlanta DUI attorney is an observant individual who pays maximum attention to every single detail of your DUI arrests and possible charges. He does this so to ensure that you have a clean case instituted against prosecution and to counter them in a bid to earn you as an easy and incontestable victory as possible. Atlanta DUI lawyers know that like every human, police officers are not infallible and their mistakes could be vital to counter any case instituted against you. That being said, we wish to expose you to a few details and a list of mistakes police officers could make from the point of your DUI arrest to that of charges, so you would help your Atlanta DUI lawyer significantly with these below mentioned important information during his investigation to build a defense for you.

DUI arrest

Invalid Investigatory Stop
This is a very common mistake done by police officers for a DUI stop. The law states that they must have “reasonable suspicion” to stop your vehicle for an investigation. This means that there must be a clear reason rather than a random stop and search. Traffic violations are common examples in this case. Therefore, any DUI stop that does not amount to reasonable suspicion before a stop could be challenged. DUI lawyers in Atlanta usually hold out for this evidence a lot as it is very vital to throw out all DUI cases and pieces of evidence instituted against you by the prosecution team. He must, however, be clever enough to prove clearly that the stop is not a legal one.

Unidentified Officer’s Stop
One of the obligations of all the states and cities in the US including Atlanta is to ensure that citizens and their rights are well protected. One of the ways to ensure this is to make sure that not just any individual could disguise as an officer to make arrests on the roads. They must be uniformed and identifiable. That being said, if an officer who is out-of-uniform or uses unmarked vehicles makes any DUI stops or arrests, resultant offenders could easily institute a no case defense against them and he would win gallantly. Why you need an Atlanta DUI attorney here anyway is that there are issues about what constitutes a uniformed officer and marked vehicles.

Improper Administration of Field Tests
This is one of the core mistakes and faults, most DUI lawyers look forward to win DUI cases in your favor does. The National Highway Traffic Safety Administration (NHTSA) has maintained that DUI field tests must be standardized, administered and evaluated properly, especially to reach a precisely accurate conclusion regarding impairment and Blood Alcohol Concentration (BAC) level. A failure to follow these steps invalidates such a test and so may not be admissible in a DUI court.

Officers’ Hostile Attitude
The US prides its agencies in huge respect for citizens without violating anyone’s rights whatsoever. That being said, police officers on DUI arrests duties are expected to do so with a high level of civility to suspect, defendants and attorneys. Unprofessional attitudes are regarded as demeaning to the entire criminal system, and so if anything like name-calling or similar situations are observed and instituted against the prosecuting team in a DUI, you and your Atlanta DUI attorney might be on a smooth cruise of course to an easy victory.

Failure to Accrue Visual Evidence
Several instances and occurrences have revealed that police officer’s reports and pieces of evidence could be as biased and inaccurate. That being said, visual pieces of evidence like videos and photographs are considered professional ways of presenting their reports and pieces of evidence to back them up. Although there is no specific legal requirement for this process at the moment, the lack of visual pieces of evidence if brought to jury or judge’s notice in this century could still be a good way to earn a point against prosecution in your defense.

Insensitivity to Offenders and Defendant’s Rights
Let me remind you that a lot of citizens know they have some rights, but cannot really ascertain them. You need a DUI attorney in Atlanta to guide you the right way in this case. The fact is that many police officers perhaps see a criminal system as nothing but a game and so resent chances to exercise the constitutional right at the expense of their investigations. When this is the case, a smart Atlanta DUI lawyer is expected to note these down like pieces of evidence against police officers. Once they are found as insensitive in actions and words toward an offender, it may be a point to throw the case against the tide and win a point on your side.

Assumptions That A Case Cannot be Lost
Some lawyers have expressed their sour experience on how the jury or judge expresses a certain level of doubt that the arresting police officer could actually show crude and rude attitudes like pointing the gun towards a suspect and pulling an imaginary trigger on him. However, real pieces of evidence and witnesses’ presentations have won such cases in suspects’ favor. In many of these cases, police officers after losing the case usually still have the guts to think that the jury or judge are wrong to have accepted suspects plea of not being guilty. This is stemming their courage of believing a DUI case could be lost because of their uncivil attitudes.

Unfairness and Lack of Objectivity on the Path of Officers
We have seen cases where some officers cannot just be impartial and so they admit that suspects do not pass administered tests while it is the other way round. More often than not, video evidence, expose their inaccuracies and reports.

Documentation Failure
Winning or losing a case depends so much on the body of pieces of evidence presented. Therefore, failure to present field notes usually works against prosecuting officers. Once they make a claim and are not able to defend it substantially, such may be thrown out and rendered inadmissible. Now, their misdeeds have worked in favor of your defense.

Improper Chemical Test Administration
Chemical tests are considered one of the significant ways police officers could gather pieces of evidence against a DUI suspect. Because of this, administering officers are usually trained and certified by the Department of Toxicology. This means that there are approved methods to be followed, and so if any deviation is observed, such results may either be suppressed or rendered inadmissible in the court once your Atlanta DUI attorney raises the point.

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