Drug DUI cases can be more challenging than alcohol-based ones due to no set legal limits or definition of intoxication with drugs; as a strong legal defense is key when facing such charges.
First time DUI offenses may result in jail time, fines and community service obligations; second and subsequent offenses carry more severe punishment such as prison time, increased fines and mandatory ignition interlock devices.
1. You Have 30 Days to Request a Hearing
Roswell DUI offenders who receive their first conviction could face jail time, fines, community service requirements and the suspension of their license. Subsequent offenses will be considered felonies with more serious repercussions, from higher insurance rates to lost job opportunities in the future.
Your Roswell DUI lawyer may request an administrative hearing with the Georgia Department of Driver Services to challenge an officer’s decision to suspend your driving privileges. At this hearing, your lawyer will gain access to records regarding your arrest such as video footage from police patrol vehicles that might show how you were driving and interactions between officers during traffic stops, and any field sobriety tests administered during traffic stops.
At this hearing, the burden of proof falls to preponderance of evidence rather than beyond reasonable doubt; your attorney could potentially gain an edge for your criminal case at this stage.
2. You Have 30 Days to Request a Reinstatement
If you have been charged with DUI in Roswell, it is crucial to act fast to protect your future opportunities and avoid a criminal record that could impact everything from affordable car insurance rates to employment prospects. One effective strategy for doing so is hiring an experienced Roswell DUI lawyer like Jim Yeargan. He has extensive experience handling these cases in Roswell Municipal Court and can help explain your options as you make the necessary steps towards resolution.
Roswell DUI cases typically include both criminal proceedings and an administrative license suspension hearing, known as an ALSC hearing. At this hearing, an administrative judge will decide if there was reasonable cause for the officer to suspect you of DUI; specifically they’ll look at issues like how the BAC test was administered and if proper Miranda warnings were given.
Your charges may qualify for Pretrial Diversion Program in court, which allows you to accept responsibility while keeping them off of a permanent record. As soon as possible, contact a Roswell DUI attorney, such as Jim Yeargan. In order to begin this process immediately.
3. You Have 30 Days to Request a Plea Bargain
If you are charged with DUI in Roswell, the prosecutor may offer to let you avoid going to trial and negotiate a plea bargain agreement instead. A knowledgeable Roswell DUI attorney can help guide this stressful process and secure you the best result for your case.
If your DUI lawyer cannot reach an acceptable plea deal, a trial in Roswell Municipal Court before either a judge or jury may be necessary. An experienced DUI professional knows how to challenge field sobriety test results and other evidence presented by the prosecution and can successfully challenge field sobriety test results and other forms of evidence presented against you by challenging them at the appropriate times.
An individual convicted of their third DUI may face serious and lasting repercussions, including jail time, probation, community service, thousands of dollars in fines and a five-year license suspension that makes driving to work and school more challenging. If arrested with children present, additional and more severe consequences will apply, such as loss of custody and financial fines that will add up exponentially as well as a permanent criminal record that hinders future employment and educational opportunities.
4. You Have 30 Days to Request a Parole
An arrest for DUI in Roswell can have severe repercussions, including jail time, high fines that can reach into the thousands, community service hours and drivers education courses – and possibly suspension of your license. Furthermore, multiple convictions could lead to enhanced penalties such as mandatory ignition interlock devices and long prison sentences.
If you miss your court date as listed on your citation or bond paperwork, the judge could issue an arrest warrant and require payment of a cash bond in order to be released from jail and set a new court date.
Good news is that you still have 30 days to file an appeal against your administrative license suspension (ALS) hearing. A Roswell DUI lawyer will help file this appeal and fight to keep your license. They can review evidence and determine if an officer followed protocol during traffic stops and sobriety tests.
