Jasper DUI Attorney
Facing an arrest for any criminal charge can be daunting, especially if it is your first time being arrested. Driving under the influence (DUI) is one of the most common crimes in the state, and if you are arrested for DUI, it is vital to know your rights and the value of working with an experienced Jasper DUI lawyer as you build your defense. Teague Law is ready to provide the legal representation you need in this challenging situation.
The highest rated, most reputable, and knowledgeable DUI law firm in North Georgia is Teague Law, with offices in Ellijay, Georgia and fighting for Clients across the North Georgia in the communities where our Attorney’s have and maintain deep roots. With regard to DUI, criminal, and personal injury cases, Teague Law is happy to serve the residents of Jasper, Georgia, and Pickens County. If you have been charged with a DUI in Jasper or Pickens County please contact us ASAP.
If you’re facing a DUI charge in Jasper, Georgia, our dedicated team of skilled DUI attorneys is available 24/7 to fight for your rights. With a wealth of experience representing clients across the State of Georgia, we are here to provide you with strong defense in your DUI case.
DUI Defense Counsel in Jasper, GA
It’s crucial to take immediate action when facing DUI charges. You have 30 days to prevent an automatic 12-month suspension of your license. Waiting longer than 30 days after your arrest could result in an automatic license suspension of 12 months without the possibility of appeal or of a temporary or hardship permit, known as Administrative License Suspension (ALS).
Teague Law will file the appeal necessary to preserve your rights to fight to keep your license and can prepare you for your ALS hearing, potentially helping you save or recover your driver’s license more quickly than you may expect. We can also help you understand the severity of the penalties you could face.
The severity of a DUI charge can vary depending on the facts and circumstances of your case, ranging from a misdemeanor to a high and aggravated misdemeanor, or even a felony. Even as a misdemeanor, DUI is considered one of the most serious misdemeanor crimes, carrying potential penalties of up to 12 months in jail and a $1,000.00 fine. Furthermore, a DUI conviction can lead to additional consequences such as license suspension, loss of professional licenses, termination of employment, restrictions in joining the armed services, or difficulties in applying for educational programs.
DUI charges encompass various categories, including DUI Alcohol, DUI Drugs (over the counter, prescription, or illegal), BUI (boating under the influence), DUI under 21, DUI 1st, DUI 2nd, DUI 3rd, Habitual Violator, and Felony DUI. Each category has its own set of consequences and requirements, making it essential to have a skilled and experienced DUI attorney by your side. We will navigate the complexities of your case, fight the charges, and help you avoid the potential collateral consequences associated with a DUI conviction.
Don’t face a Georgia DUI charge alone. Contact our experienced team of DUI attorneys today to receive the guidance and support you need throughout the process of defending your case.
As seasoned DUI attorneys serving Jasper, GA, the team at Teague Law has extensive knowledge of this region in North Georgia and a deep understanding of the local community. We recognize the values and principles upheld by the juries that hear our cases and have cultivated strong professional relationships with the Judges, Prosecutors, and Officers we frequently encounter in Court.
This familiarity allows us to navigate the legal landscape with confidence and provide our clients with effective representation. At Teague Law, we are committed to protecting your rights and achieving the best possible outcome for your DUI case in Jasper, GA.
Contact one of the experienced DUI Attorneys at Teague Law and let us begin fighting your Jasper DUI case for you today.
Jasper DUI Defense Lawyer Near Me (706) 276-3636
Why Should You Hire a DUI Lawyer in Jasper, GA?
Facing a DUI charge in Jasper, GA can be an overwhelming experience. At Teague Law, we’re here to provide the assistance you need. Our team of experienced attorneys specializes in DUI defense, offering exceptional legal representation and personalized attention to each client.
When it comes to DUI charges, having a local attorney who understands the local customs, unique laws, and regulations in your area is crucial. That’s why we proudly serve the Jasper community, providing top-quality legal services to clients throughout North Georgia.
As a local law firm, we possess the knowledge and expertise to navigate the intricacies of DUI cases in Jasper and its surrounding areas. Our team will work closely with you, comprehensively understanding the details of your case and developing a tailored defense strategy that meets your individual needs.
From negotiations with prosecutors to robust advocacy in trial, we’ll be by your side throughout the entire process. Our ultimate goal is to achieve the best possible outcome for your case, whether it involves reducing charges, dismissal of the case, or securing a not guilty verdict.
At Teague Law, we recognize the significant impact a DUI charge can have on your life, and we are dedicated to guiding you through this challenging time. Schedule a consultation with us today to learn more about how we can assist you with your DUI case. With our team of experienced attorneys, you can have confidence in receiving the highest level of legal representation and support.
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Know Your Rights After Arrest for DUI
Every American must know the constitutional rights that come into play upon arrest for any crime. The Fifth Amendment of the US Constitution ensures that no one will be forced to act as a witness against themselves in a criminal case, preserving their right to remain silent once they have been arrested. The Sixth Amendment ensures their right to legal counsel.
When you are placed under arrest, do not attempt to explain yourself or contest the officers. Remain silent and cooperative with the arresting officers. If you resist arrest, it will lead to an additional charge. Even if you are certain you did nothing wrong, it is always advisable to remain silent and comply with the instructions from the arresting officers. After arrest and booking, you will be permitted to make your phone calls, and you should reach out to a Jasper, GA, DUI lawyer immediately.
If arresting officers ask you to sign any statements or answer any questions, politely inform them that you are exercising your right to remain silent until you can speak with a defense attorney. If you believe the police conducted an unlawful arrest, broke the rules of due process, or violated your constitutional rights, discuss these issues with your attorney immediately.
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Rules for DUI Arrest in the State
To conduct a lawful arrest for DUI, a police officer must establish probable cause to stop a driver. For example, if they see the driver commit a moving violation or watch them driving erratically, these issues will amount to probable cause for a traffic stop. Once the police officer has stopped the driver, they may ask them to perform a field sobriety test to confirm whether they are under the influence of drugs or alcohol.
Georgia’s implied consent law pertains to chemical tests, meaning a driver gives their implied consent to undergo chemical testing for DUI, but only after a lawful arrest. A driver is under no legal obligation to perform a field sobriety test, and these tests can be difficult for even a sober person to pass. A failed field sobriety test can then be used as probable cause to justify a chemical test.
Chemical testing for DUI with alcohol is typically conducted with a blood test or breath analysis, and chemical testing for DUI with drugs must be performed with a blood analysis. However, a breath or blood test may only be performed with the consent of the driver or with a judicial search warrant. These tests cannot be conducted on the side of the road and must be performed in an appropriate location with proper health and safety protocols followed.
If you refuse a chemical test, it is a violation of the state’s implied consent law, and you will face an automatic administrative license suspension of your driver’s license. You have only 30 days to appeal this suspension and request your ALS hearing; otherwise, your license will be suspended for a year, and you will have no option to appeal if you miss your 30 day window.
Georgia law defines driving under the influence of alcohol as driving with a blood-alcohol concentration (BAC) of .08% or more. This limit is only .04% for commercial drivers, and there is a zero-tolerance policy for drivers under 21, meaning any BAC above 0.2% equates to DUI. Testing for drug use via bloodwork is more complex. If you do not believe your chemical test was conducted correctly, it is vital to notify your Jasper, GA, DUI lawyer.
Possible Penalties for DUI Conviction in Jasper, GA
The state uses a sliding scale to assign penalties for DUI convictions, and most DUIs are considered misdemeanors. However, if the defendant has two or more DUI convictions on their record from the past few years, they could qualify for felony prosecution. The penalties for a DUI violation depend on the aggravating and mitigating factors in a specific case. Aggravating factors increase the severity of the penalties assigned to the defendant.
For a first offense, the minimum fine is $300, but this could be assessed as high as $1,000 based on aggravating factors. The defendant is required to serve a minimum of 24 hours in in jail, unless certain exceptions apply, and may face a maximum possible sentence of 12 months, face a driver’s license suspension for up to one year, and will be required to perform at least 40 hours of community service. The judge may also require substance abuse counseling and DUI school, both of which will be at the defendant’s own expense.
Penalties for a second offense increase significantly. Fines can range from $600 to $1,000; the defendant may be required to serve a minimum of 72 hours to one year, and they will face a longer driver’s license suspension for up to two years. The judge is also more likely to require substance abuse counseling, mandatory DUI school, a minimum of 30 days of community service, and the installation of an ignition interlock device (IID) on the driver’s vehicle after their license is reinstated.
A third DUI conviction within five years of the second offense will lead to a fine between $1,000 and $5,000, 120 days to one year in county jail with a mandatory minimum of 15 days in jail, and the defendant’s driver’s license will be revoked for five years. The defendant will also be formally declared a habitual violator, their information and picture will be published in the newspaper, and their vehicle’s license plate will be seized and sent to the Department of Motor Vehicles.
In addition to these penalties, the defendant will be forced to complete a clinical evaluation, and if they are found to have a substance abuse disorder, the court will require them to complete a treatment program at their own expense. If a defendant is convicted of a fourth DUI within 10 years, they face automatic felony prosecution with much harsher penalties. Penalties include up to five years in state prison, 10 years of license suspension, and more at the discretion of the court.
It is important to remember that after any DUI conviction, a judge in Pickens County has relatively broad discretionary power to assign penalties to a convicted defendant. The standard penalties previously mentioned are only a baseline guide to what you could face if you are convicted. Many defendants are required to complete treatment programs, DUI counseling, and more at their own expense. Their insurance premiums will also rise after a conviction for DUI.
A DUI charge may also escalate to felony status in the presence of multiple aggravating factors. These could include driving while intoxicated with a minor child in the car, excessive speeding while under the influence, or causing an accident resulting in great bodily harm or death. If the defendant harmed anyone, they face civil liability for the victim’s damages, which may include vehicle repair costs, medical expenses, lost income, and pain and suffering.
Defending Against DUI Charges in Jasper, GA
Your Jasper, GA, DUI lawyer can help determine the most viable defenses available to you. In every criminal case, the burden of proving the defendant’s guilt beyond a reasonable doubt rests with the prosecution. It is the defense attorney’s job to prevent them from meeting this burden of proof.
If you did not commit a DUI and believe you were wrongfully arrested, your defense attorney can help you clear your name and disprove the prosecution’s case. If you did commit a DUI, it is still possible to avoid conviction or at least mitigate your penalties under certain conditions. Some of the most commonly cited defenses in DUI cases in Pickens County include:
- Lack of probable cause. If the arresting officer did not correctly establish probable cause for conducting the arrest, the integrity of the case is called into question.
- Challenging test results. DUI conviction requires proof of intoxication via a chemical or field sobriety tests. You may need to prove that your test was not administered correctly, that the officer did not follow his training, or that the testing facility made a mistake in handling your chemical sample. You may also need to prove an improper chain of custody for your chemical test sample.
- Proof of medical condition. Some medical conditions can cause false positives on chemical tests or give the appearance of intoxication. Your attorney can help prove that you have such a condition.
- Due process violation. If you were arrested but the arresting officer did not read the implied consent warning or your Miranda rights, it could be a major due process violation. Your Jasper, GA, DUI lawyer can carefully examine the circumstances of your arrest and booking to determine whether due process was followed correctly.
These are just a few possible examples of how the right defense attorney can potentially assist their client in avoiding a conviction for DUI. If you did commit the offense because you suffer from a substance abuse disorder, your attorney can leverage this fact for you and argue for alternative sentencing. For example, instead of jail time, a judge may be convinced that you need rehabilitation and counseling.
Note that if you caused an accident with another driver while under the influence, the criminal case filed by the state will be entirely separate from a civil suit filed by the victim. They will likely file a claim against your auto insurance policy and may pursue a personal injury claim to recover compensation that your insurance policy cannot provide. It is possible to avoid conviction in a criminal case and still be found liable for damages in the civil claim from the victim.
What to Expect from Your Jasper, GA, DUI Lawyer
Connecting with experienced legal counsel as quickly as possible after your arrest can significantly improve your chances of avoiding the worst possible penalties that could be assigned to you. You have a very limited time in which to construct your defense as DUI cases unfold relatively quickly in the Pickens County criminal justice system. It is imperative that you connect with a reliable Jasper, GA, DUI lawyer right away.
Whether you committed the offense or were wrongfully arrested for a DUI that you did not commit, your most viable defenses may not be obvious to you at first. You’re likely to have many pressing legal questions that you cannot answer on your own, and the emotional strain of arrest can make your situation even more challenging. Working with a seasoned defense attorney makes every aspect of your case easier to manage.
During your initial consultation with our team, we can review the circumstances of your arrest, answer any questions you have about your impending proceedings, and help determine your most effective potential defenses. Every case is different, so Teague Law takes a client-focused approach to criminal defense representation for every DUI case our firm accepts. You can expect prompt responses to your questions and ongoing support through all phases of your case.
Contact Teague Law today to schedule a free consultation with a trustworthy DUI lawyer in Jasper, GA. The faster you connect with us after your arrest, the more time we have to work on your case and the better we can allocate our time and resources to fight for you.
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