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Jason has tried more than 100 criminal trials in front of a jury and has 19+ years of experience with DUI and criminal cases. This experience helps make him one of the most effective criminal defense attorneys in the state.
So, It's Your First DUI?
It can be scary to get your first DUI charge, but that doesn't mean that you should wait to take action in your defense. There's more to Georgia's DUI laws than you might think. Oftentimes individuals are charged with a First offense DUI because they were not aware of the different ins and outs of the laws governing DUI in Georgia. As a first-time offender, you likely will not have experience with the process of mounting a criminal DUI defense, and the information you find online is often confusing and outdated.
What Penalties Can You Face?
Even if you've never been charged with DUI before, you can still face extremely stiff penalties. Some of those penalties include loss of your driver's license, thousands of dollars in fines, and jail time. These are just the penalties from the government. People convicted of first-time DUI also risk losing their jobs, face increased insurance rates and premiums, a criminal record that can hurt future employment prospects, and more.
How Do You Fight Your First DUI?
First, request a cosultation as soon as possible as time can be of the essence. There are certain things that may need to be done within 30 days if you hope to save your license from suspension following your arrest for DUI. The faster you contact our attorneys, the better equipped we will be to help you. Next, you can wait until your consultation or you can explore our blood test or breathalyzer pages to learn more about how we plan to mount your defense. We assist those in Athens, Hall, Madison, Franklin, and Jackson County, Georgia.
How Do You Receive an Underage DUI?
The State of Georgia prohibits the consumption of alcohol for individuals under the age of 21. Accordingly, the limit for what is considered intoxicated while driving is also different for those under the legal drinking age. In Georgia, a blood-alcohol content of greater than .02% can mean a DUI if you are less than 21 years old. This means that consuming any alcohol and then getting behind the wheel of a car places you at risk for an underage DUI. Getting a DUI can be scary enough. Being charged with a DUI when you are under the legal drinking age can be an incredibly frightening experience.
Moreover, underage DUI is rarely the only charge someone will face in these circumstances. An underage DUI charge is frequently accompanied by other charges. Some of these charges include minors in possession of alcohol, or MIP, fake ID violations, and more. Therefore, it's important to understand your situation when you are charged with an underage DUI. It's also important to hire an aggressive and experienced DUI lawyer.
Penalties for An Underage DUI
A conviction for underage DUI can result in serious penalties. These include heavy fines, jail time, community service, treatment programs that must be paid for out of pocket, probation, losing your driver's license, and more. The state goes after underage DUI very strongly, and prosecutors will be more hesitant to cut deals with people charged with underage DUI.
How to Challenge an Underage DUI?
First, request a consultation as soon as possible as time can be of the essence. There are certain things that may need to be done within 30 days if you hope to save your license from suspension following your arrest for DUI. The faster you contact our attorneys, the better equipped we will be to help you. Next, you can wait until your consultation or you can explore our blood test or breathalyzer pages to learn more about how we plan to mount your defense. Reach out to us in Athens, Georgia. We also serve the surrounding areas of Franklin, Oglethorpe, Madison, and Clarke Counties.
You Been Charged with Another DUI, Now What?
It's never easy to face a repeat DUI charge. The consequences and penalties for a DUI increase with every additional conviction. Therefore those facing repeat DUIs are at risk for even harsher fines, jail time, community service, loss of driver's license, out-of-pocket treatment, probation, and more.
Moreover, you face additional penalties even if you are charged with different types of DUIs. Thus, if your first conviction was for DUI drugs, your first charge of DUI alcohol will have the additional penalties from being the second DUI charge.
How Do DUI Penalties Progress in Georgia?
Georgia law has several different categories of crimes to represent their severity. The first DUI is considered a misdemeanor, as is the second DUI conviction. However, the third DUI conviction in a 10 year period is considered an aggravated misdemeanor. The fourth and additional convictions for DUI in a 10 year period are considered felonies.
A felony DUI charge is a completely different category of crime from a misdemeanor. A felony conviction can result in the loss of civil rights like voting and owning a gun. Repeat DUIs come with longer jail sentences and heavier fines. Moreover, the amount of time that you lose driving privileges for grows with each DUI conviction, and the access to limited special licenses to get to work and school gets smaller and smaller.
The penalties for repeat DUIs can also impact your day-to-day life in other ways. Multiple DUI's can prevent you from getting a job in the future. Repeat DUIs can also cost you your current job. It can make it hard to run errands, see friends and family, take care of loved ones, and more.
Athens, Georgia is also known to be especially aggressive when pursuing a repeat DUI charge. This can involve holding a person without bail or bond until they can appear before a judge. This tactic is used to create a feeling of desperation and fear, which encourages people to plead guilty even if they are not.
How Do You Fight Repeat Dui Charges?
The best option to fight repeat DUI charges is a strong defense from an experienced attorney, that's why you need us. Contact us in Athens, Georgia. We assist those in Franklin, Madison, Oconee, and Banks Counties.
How Do You Receive a Felony DUI?
A person can be charged with a felony DUI if they have been convicted of three or more DUIs in the past 10 years There are also other circumstances that can result in a felony DUI charge. If you're facing a felony DUI charge in Northeast Georgia, then you need a robust legal defense.
Felony DUI Penalties
If you are convicted of a felony DUI, the consequences are much more severe than other types of DUI. You could face:
In addition to the penalties and fines from this charge, a felony record can dramatically impact your life in other ways. A felony conviction can cause you to lose certain civil liberties that you are normally entitled to. These rights include the ability to vote or own a firearm. It can also cost you your job and may limit the employment you can get in the future.
Moreover, people convicted of felony DUI have a harder time getting access to special driver's licenses to go to work or school. As a result, it's even harder to pay your fines and fees. The penalties for felony DUI can be even more severe if someone was hurt or killed in the events that lead to the felony DUI charge. All of this can make it much harder to live your life the way you want and to meet your obligations to your friends, family, and loved ones. We represent those in Athens, Greene, Franklin, Oconee, and Madison Counties.
Blood Tests Can Be Challenged
Even if your blood test comes back over the legal limit, you still may have a case. As a former prosecutor, Jason Slider knows how to challenge blood tests based on the way that the police obtained the blood sample for testing and a number of other ways, such as how your sample was:
The US Constitution protects people from unreasonable search and seizure. The right to control the collection of and access to your blood, the very basis of your body, is sacred. If the test was conducted in a way that was invasive, or the police did not have the appropriate basis or permission to conduct a blood test, then an experienced defense attorney can get the charges against someone dismissed. We assist the counties of Athens, Morgan, Elbert, Banks, and Madison, Georgia.
Why Does the State Use Blood Tests?
When discussing DUIs or any criminal law, it is important to keep in mind that, according to the US Constitution, the state has to prove you are guilty of the crime you've been accused of. One of the most common ways for the state to try and prove a DUI charge is by using a blood test. The government will use these tests to show that your blood alcohol content was greater than the legal limit of .08%.
Why Does the State Use Breathalyzer Tests?
There are a number of different ways that police officers can test to see if someone is operating a vehicle while intoxicated. However, one of the most popular ways for officers to check is with a breathalyzer test.
A breathalyzer works by analyzing a person's breath to estimate their blood alcohol content or BAC. The legal limit for intoxicated driving in Georgia is a BAC of .08%. Breathalyzers are most commonly used because they are small, portable, and can be used in the field.
There are 2 types of devices that people refer to as breathalyzers. There is the portable alco sensor, which is small, portable and can be used in the field either before or after arrest and there is the Intoxilyzer 9000 (or state breath test) that is administered usually at the police department or jail and is done after an arrest. The portable alco sensor tests for alcohol, however, an officer can only testify as to whether that device was positive or negative for alcohol. The Intoxilyzer 9000 gives a printed alcohol concentration that the state then uses to charge an individual with what is referred to as a per se DUI. An individual has the right to refuse either one of these types of breath tests.
What Can Happen if You Lose Your Case?
The penalties for being convicted of a DUI are severe and can include jail time, community service, heavy fines, court-mandated treatment programs, loss of your driver's license, and probation. These consequences can greatly impact your happiness and what you are able to do with your life. They can even cost you your freedom.
In addition to the fines and penalties the State of Georgia can impose, you might also face punishment from friends and family, parents, and others. A DUI conviction can cost you your job and create a criminal record. Therefore, you could have a harder time getting a job in the future. Moreover, many of the penalties that the state will leverage against you will make it harder to go to work. Without a job, it will be hard or impossible to pay the various fines and fees that come from a DUI conviction.
Breathalyzer Results Can Be Challenged
A breathalyzer test only produces an estimate of your BAC and is not as accurate as a blood test or other test. The US Constitution demands that someone must be proven guilty beyond a reasonable doubt, and if you are being charged with DUI per se the state has to prove that your BAC was above the legal limit when you were driving, which is a different level depending on whether you are above or below 21 years old. You do not have to prove you were below the legal limit. Reach out to us in Athens, Georgia. Additionally, we assist the neighboring areas of Franklin, Oglethorpe, Madison, and Clarke Counties.
Why Does the State Use Roadblocks?
The police in and around Athens, Georgia are notorious for using roadblocks. This strategy is especially popular on game days and major holidays like New Year's Eve, the 4th of July, Memorial Day, and others. While there is plenty of debate regarding the benefits and disadvantages of roadblocks, city and county governments don't show any signs of stopping them anytime soon.
Are Roadblocks Legal?
Yes, but they are often controversial. One of the reasons why there's a lot of debate about roadblocks is that they have to be done in very particular ways in order to be legal. Constitutional rights and protections apply on game days and holidays, just like any other day.
If you were charged with a DUI after being stopped at a roadblock, you may have a better case for defense than you think.
What's the Best DUI Roadblock Defense?
It always pays to have an experienced defense lawyer for any DUI charge When it comes to fighting a DUI from a roadblock, we have the experience you're looking for. We were instrumental in proving that the way that police in the Athens-Clarke County area were conducting roadblocks was unconstitutional. This event resulted in a change to the way the police set up and conduct roadblocks. We represent clients from the counties of Athens, Hall, Jackson, Franklin, and Greene, Georgia.
How Is a Drug DUI Different than An Alcohol DUI?
In Georgia, you can be charged with a DUI even if you don't have any alcohol in your system. All it takes is for the police to think that you are under the influence of drugs or some other kind of intoxicant. These charges can take people by surprise. Moreover, the laws regulating DUIs in Georgia have some interesting characteristics that many people aren't aware of.
There are a few ways that a DUI drugs charge is different from DUI alcohol. There are differences in jail time and fines. As a result, a DUI drugs charge must be met with an aggressive defense that protects your Constitutional rights
What Kind of Drug DUI's Are There?
One of the most common DUI Drug charges comes when the police suspect that a driver has been using illegal drugs. In the state of Georgia, there are different regulations surrounding different drugs. Therefore, it pays to have a lawyer who understands the ins and outs of the criminal code.
Some drugs can result in a conviction if they are detected in any quantity in someone's body. One example of this is cocaine.
For other drugs, however, the burden of proof is higher for the prosecution. The mere presence of the drug in your body isn't enough to secure a conviction, like marijuana.
That's why it's so important to hire a lawyer who knows the ins and outs of the different standards and regulations governing DUI drugs. The law is simply too complex to represent yourself in these cases.
Many people don't realize that they can be charged with a drug DUI even if the drugs they are taking are prescribed by a doctor and they are taking them according to the doctor's instructions. Anti-anxiety medications like Xanax are among the most common prescriptions given to people. These same drugs can also result in an officer citing you for DUI drugs.
Police can charge you if they feel that the drug you've taken has adversely affected your ability to operate your car. As a result, many people have been arrested and charged with a DUI for taking drugs as ordered by their doctor. Contact us in Athens, Georgia. We also represent clients in Franklin, Greene, Oconee, and Oglethorpe Coutnies, Georgia.
Law enforcement has treated drugs differently than alcohol for decades, especially when it comes to driver's license suspensions and DUIs. At one point in time, if a person was found in possession of any illegal drug, they could lose their license - even if they weren't in a motor vehicle at the time. Finally, in 2015, the law was changed to reduce driver's license suspensions for non-motor-related crimes.
Baker & Slider, LLC wants to help you fight back against unjust drug DUI charges. By meeting with a drug defense attorney in Athens, GA, you can build your case and present it in front of a judge effectively. Plus, a criminal defense lawyer will handle all of the legal paperwork for you.
Understanding the Consequences of A Conviction
There continues to be a distinction between alcohol DUIs and drug-related DUIs. While both types of DUIs have resulted in license suspensions for a first offense, those convicted of alcohol-related DUIs were able to obtain limited driving permits while drug-related DUI offenders could not. This meant that alcohol DUI offenders could drive to essential places like work, school, and medical appointments, while drug DUI offenders had no access to a vehicle.
In 2020, the law was amended to allow those convicted of illegal drug or prescription drug DUIs to obtain limited driving permits during their suspension periods. This change was important for a lot of people because it finally eliminated the conflict between drugs and alcohol for DUI convictions.
What This Means in Today's World
Today, if a person is convicted of a DUI for the first time in a five-year period - regardless of the substance - they have the possibility of getting a limited driving permit. By working with a drug defense attorney, you can pursue a limited driving permit that would allow you to drive to...
If you've been charged with a DUI and want to pursue a limited driving permit, it's important you speak with a criminal defense lawyer. schedule an appointment with us by contacting us in Athens, Georgia, today. We represent the neighboring areas of Franklin, Oglethorpe, Madison, and Clarke Counties, Georgia, as well.
Please contact us if you cannot find an answer to your question.
Typically, a police officer can smell the odor of alcohol when they approach an individual, so the answer to the question is unlikely to determine whether the officer follows up with more questioning or a request to submit to field sobriety evaluations. An individual is not required to answer any questions about drinking including how much, when, or how recently when stopped and questioned by a police officer.
Yes, a police officer can charge somebody with a DUI even if they do not see them driving. The prosecutor needs to be able to prove that a person was in physical control of a car while they were under the influence of drugs or alcohol, which does not require the officer to see the person actually drive the car. An accident is an example of a case where a police officer could arrive after the driving was over and still be able to charge a person with a DUI.
Less safe means that a person is impaired by alcohol or drugs to the extent that they were less safe to drive than if they were not impaired. It can also be restated as incapable of driving safely. This is a very vague term and leaves a lot of area for interpretation as to whether a person is less safe. The amount of alcohol that makes an individual less safe may be different for another individual. Officers and prosecutors try to use everything they can to say somebody is less safe to include driving and performance on field sobriety evaluations. They try to point to as much evidence as they can to say that somebody is impaired or less safe. Our criminal defense lawyer can advocate on your behalf in court.
No, roadside field sobriety tests (also called SFSTs or FSEs) is voluntary. This means that an officer cannot require a person to perform these evaluations or tests.
Similar to roadside testing, an officer cannot require a person to perform sobriety testing.
If you get arrested for DUI the first thing to do is to contact lawyers to find a first-time DUI lawyer that you feel is competent and that you are confident can handle the intricacies that come with providing DUI defense. Time is sometimes of the essence because if the officer served the person with a DDS-1205 or administrative license suspension form, that individual has only 30 days to decide what path they will take as to that specific license issue. Our DUI lawyer can help you get through the legal process as quickly as possible.
If you are convicted for a first-time DUI offense, your license or privilege to drive in Georgia (if you are an out-of-state license holder) will be suspended for a certain period. That period depends on a person's age, what type of DUI they were convicted of and whether there was an administrative license suspension.
A first DUI conviction for a person over 0.08 grams of blood alcohol concentration requires a person to serve 24 hours in jail with other statutory minimum sentence requirements. Some courts are willing to waive the remainder of that time, especially in a DUI less safe case. As the number of DUI convictions for a person increases, generally, that comes with an increase in expected jail time. However, the expected jail time for a first or repeated DUI oftentimes varies significantly depending on the county in which the person is convicted.
A conviction for a DUI requires a minimum period of a license suspension. During that period of suspension, people are oftentimes able to obtain a limited permit that allows them to drive to work, school, medical appointments, and other specified activities. The only way to completely avoid a suspended license is to avoid the DUI conviction, with either a reduction or dismissal of the DUI charge.
A DUI conviction stays on your record, which is the reason why it is so important to get a lawyer that is experienced in DUI law to have the best opportunity to avoid a DUI conviction. DUI lawyers look for all possible legal and factual defenses to avoid a DUI conviction.
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