An alcohol or drug DUI conviction in Roswell GA cannot be erased from your record, and will appear during background checks for job applications and housing searches. Our Roswell DUI Lawyer can help protect you by managing both the criminal case as well as the ALS hearing with Georgia Office of State Administrative Hearings.
Expungement of DUI Penalty
An individual convicted of driving under the influence (DUI) cannot easily find employment or rent an apartment after such a charge has been placed against their criminal record. Hiring managers and landlords are likely to disregard applications with an outstanding DUI conviction; since Georgia law does not offer expungement options.
Roswell DUI cases are managed through Roswell Municipal Court under Judge Hansford’s jurisdiction, or can be transferred to Fulton County State Court at the Justice Center where 10 state court judges hear cases.
At a bench trial, the prosecution must prove each element of your charge beyond a reasonable doubt to secure a conviction. Our skilled Roswell DUI lawyers will present all possible defenses in your case before appealing any decisions favoring prosecution; additionally we can contest their evidence at license suspension hearings.
Refusal of Chemical Tests
Roswell DUI Lawyers understand the physical incapacity to provide breath or blood samples for testing by the State may prevent some individuals from providing samples, especially for testing by law enforcement agencies. This may apply especially in cases involving breathing conditions like emphysema or asthma, chest or rib injuries, hemophiliacs and those with other physical limitations that prevent them from providing samples.
Many individuals charged with refusing a test did not intend to refuse it; silence after being advised of implied consent warnings is often misconstrued as refusal. There could also be several reasons why their blood alcohol concentration (BAC) couldn’t have been measured on an alco-sensor device such as an improper calibration.
If your DUI case cannot be settled through negotiations with the prosecutor, your trial will move to Fulton County State Court (located at the Fulton County Justice Center). There are ten state court judges present. At a bench trial, however, your prosecutor still must prove each essential element of your case beyond reasonable doubt.
Suppression of Evidence
An arrest for DUI can pose many difficulties to job searches and housing applications. Employers and landlords will often assess a conviction as negatively as it impacts an applicant pool; Yeargan & Kert LLC DUI attorney’s can help protect you by successfully challenging evidence in your case.
Law enforcement officers must maintain a written chain of custody for any physical evidence they collect, which we can review to ascertain if there are any gaps or breaks that would allow us to challenge its validity.
When challenging a Roswell DUI officer’s decision to suspend your driving privileges, we can also file for an administrative hearing with Georgia Driver Services to contest this legal action – this time through an entirely separate court system – in an attempt to save both your license and give yourself a fighting chance in criminal DUI proceedings. A successful administrative hearing may save your license while giving you an edge when facing criminal DUI proceedings.
Trial
Roswell DUI lawyers can work with you to evaluate whether or not proper procedures were followed during your arrest and to help protect your rights if any were infringed upon. They’re also there to guide you through the complex court system – an endeavor which may seem overwhelming at first.
Police officers conducting traffic stops often use field sobriety tests to assess your driving. These may involve having you walk a straight line, recite alphabet words or perform a breathalyzer test to see if your blood alcohol concentration exceeds legal threshold.
If you refuse a test and the judge finds probable cause that you were driving under the influence, the state can take immediate steps to suspend your driver’s license. An experienced Roswell DUI attorney like Jim Yeargan can assist in fighting this suspension at an administrative hearing by reviewing all aspects of your case in search of ways that might cause it to be dismissed altogether.
