Lawrenceville DUI Lawyer

Don’t Try to Deal With a DUI by Yourself

Rely On Experienced Lawrenceville DUI Lawyers From The Fleming Firm To Take On Your Case.

The results of a DUI arrest can be expensive and stressful, to say the least. A conviction can also put you at risk of losing your job, your reputation in the local community, and even your driver’s license. This is why you need a reputable DUI defense attorney to represent you. Luckily, the DUI lawyers at The Fleming Firm in Lawrenceville, GA, are here to help.

Authorities in Georgia take roadway safety, accident reduction, and drug enforcement very seriously. This means they are eager to hand down harsh penalties to drivers who misuse the roadways and put themselves and other Georgians at risk by operating vehicles while under the influence of alcohol and other intoxicating drugs. The state’s is criminal justice system powerful and well-equipped, calling for a defense strategy that is robust in its approach and implemented effectively by a skilled legal professional.

Whether your DUI case involves a passenger car, motorcycle, or even a commercial vehicle, swift intervention from a qualified DUI attorney can help mitigate the consequences of a DUI charge and effectively resolve this legal challenge.

We focus on DUI defense cases, so you can count on us to work hard to get your charges reduced or dismissed entirely. To learn more about what we can do for you, reach out now.

How Much Does a DUI Lawyer Cost in Georgia?

In Georgia, as in other states, the cost of criminal defense services is usually based on an hourly rate. This is to say that the total cost of your case can fluctuate quite a bit, depending on factors such as:

• The Complexity of Your Case – Criminal defense services are most often billed at an hourly rate. The more complicated your case becomes, the more time it takes to prepare your defense strategy, navigate hearings, prepare and file motions, and argue the defense at trial. While quality legal help can indeed be a significant investment, it can be supremely important to work with a good lawyer in DUI cases that are complex or messy.
• Local Market Conditions – The availability of lawyers in your city, as well as their current workloads at the time of your case, can cause routine fluctuations in the average rate for legal services. At The Fleming Firm, we strive to provide highly effective legal counsel at a fair rate so that the people of Lawrenceville can access powerful representation when they need it most.
• Your Attorney’s Skill Set and Reputation – For criminal defense services, as with so many other things in life, you will get what you pay for to a large extent. At The Fleming Firm, we focus on providing excellent criminal defense representation at a fair price point. Our transparent and straightforward billing policies help make qualified legal support available to Lawrenceville residents without sacrificing the quality of our services.
• Associated Costs – It’s important to remember that not all of the costs associated with defending against a DUI charge will necessarily be in the form of legal fees to your attorney. There may also be court costs involved for filing certain documents, court-ordered costs associated with elements of sentencing, or fees that need to be paid to third parties involved in your defense, such as expert witnesses, evidence analysts, or forensic testing labs.

If you’re worried about your ability to pay for legal help, please don’t let that stop you from reaching out for an initial consultation. A member of our team can use the preliminary details of your case to help give you a better understanding of the likely costs associated with a defense strategy from The Fleming Firm. With our easy-to-understand billing policies and flexible payment options, quality legal assistance in the Lawrenceville area may be more attainable than you realize.

Understanding Georgia DUIs in a Legal Context

Most of us understand what a DUI, or driving under the influence, charge is on a conceptual level. It means that the authorities have caught someone (or believe they have caught someone) operating a motor vehicle while intoxicated by drugs or alcohol, in opposition to state laws, and that they intend to pursue legal action against this individual.

In a real-world setting, however, it’s not quite so simple. The state of Georgia further categorizes DUI incidents into six distinct levels, each with its own implications for sentencing and other punishments:

Less Safe Driving Due to Alcohol

Georgia’s “DUI Less Safe” statute actually allows for drivers to be charged and convicted, even if BAC (blood alcohol concentration) testing shows them to be below the so-called legal limit of 0.08%. This effectively means that Georgia has no “legal limit” for drinking and driving, as even a driver who blows below 0.08% at the time of arrest can be charged, so long as there is evidence that their ability to drive is impaired to the point of being a safety hazard.

Furthermore, no car accident or traffic violation needs to have actually occurred for this charge to be levied, although it can be more difficult for the prosecution to succeed with such a case without clear evidence of traffic laws being disregarded.

Less Safe Driving Due to Drugs

A DUI Less Safe charge can be issued for drug use in addition to drinking, although this is only used in a narrow legal context. In Georgia, the DUI Less Safe statute will only be invoked in drug cases involving a driver who was intoxicated by prescription drugs that they are legally entitled to use.

An example would be a driver who gets on the road after taking their normal dose of an anti-anxiety medication with a sedative effect. While they are taking the drug legally and as prescribed, it is still a crime to operate a motor vehicle if the drug in question has reduced their ability to do so safely.

Per Se Driving Under the Influence of Alcohol

Per Se” may seem like one of those impenetrable legal terms to those who lack formal law training, but it really just means “in and of itself.” A “Per Se DUI” is simply a drunk driving incident with no additional criminal charges or extenuating factors attached.

This charge is a step up from the “Less Safe” DUI categorization and is used against drivers who have been detained with a BAC in excess of the following thresholds:

• For adult drivers of personal vehicles: 0.08% BAC
• For drivers of commercial vehicles: 0.04% BAC
• For drivers below the age of 21: 0.02%

It is important to note that Georgia allows for BAC testing through urinalysis or blood work in addition to a standard breathalyzer test.

Driving Under the Influence of Two or More Specific Drugs

This is a serious charge that is levied when a driver is found to be impaired due to any combination of two or more of the following:

• Alcohol
• Controlled drugs
• The inhalation of aerosols, glues, solvents, etc.

Driving Under the Influence of Inhalants

Georgia also has a separate DUI category for drivers found to be under the influence from “huffing” aerosols, glues, solvents, or other intoxicating vapors. This charge often hinges on physical evidence and testimony from arresting officers, as the influence of inhalants is difficult to quantify through traditional drug testing.

Per Se Driving Under the Influence of a Controlled Substance

The sixth and final type of DUI charge in Georgia is per se DUI for those accused of driving while intoxicated by controlled substances. Note that this includes cannabis, the possession of which is still entirely criminalized in Georgia, aside from a tightly regulated medical marijuana program. Even medical marijuana cardholders in the state are not permitted to operate motor vehicles while using cannabis, however.

Should I Get a Lawyer for My First DUI in Georgia?

Some people mistakenly believe that there is no real value in enlisting the services of an attorney for a routine DUI case, especially for a first offense. In reality, a good attorney can help you mitigate the consequences of nearly any DUI charge, regardless of the specific circumstances, the available evidence, and your previous history with substance use and traffic violations.

In Georgia, the Likely Penalties for a First-Offense DUI are as Follows:

• 12 months of probation
• A fine of $300 (plus court costs and surcharges)
• 1 to 10 days in jail

This seems straightforward at first glance, but now consider that the $300 fine is a minimum amount and does not include any applicable county or municipal surcharges and court costs; and the fine ordered upon a first DUI conviction could potentially be higher, depending on how egregious the incident was. Furthermore, the 1 to 10 days in jail can be suspended, stayed or probated at the judge’s discretion. With so much variance in sentencing, enlisting a qualified and reputable attorney to walk you through the proceedings for a first DUI offense can be a great idea.

Of course, having a great attorney becomes even more important if you believe that this first DUI charge against you has been made wrongfully and you wish to fight to have it dismissed completely.

Is Jail Time Mandatory for a DUI in Georgia?

While jail time is a relatively common outcome for a DUI conviction in Georgia, this is not always the case. Even if the evidence is not in your favor and you are convicted of a DUI, a solid criminal defense strategy can still help you avoid incarceration.

Even a first-time DUI offense can land the driver in jail for up to 10 days, but Georgia judges retain broad authority to suspend, stay, or probate this penalty in favor of alternative punishments, like probation and fines. Many judges are willing to exercise this option if they are satisfied with the defendant’s commitment to avoiding further incidents. Your attorney can help you demonstrate to the court that you have learned from this experience, and there is, therefore, no need for incarceration.

In Georgia, the closest thing we have to mandatory minimum jail time for a DUI is actually triggered at the time of arrest rather than remaining an unknown until the time of sentencing:

• If a driver’s blood alcohol concentration level (BAC) is above 0.08% at the time of their arrest for a first-offense DUI, then the law mandates that their sentence includes at least 24 hours of jail time.
• These 24 hours can potentially be in the form of time already served, as it is likely that such a person (a driver with a BAC exceeding 0.08%) will have already been incarcerated overnight at the time of their arrest.
• If the first-time DUI suspect blows below 0.08% on the breathalyzer device at the time of arrest, the law does not dictate any mandatory jail time.

What Is the Statute of Limitations for a DUI in GA?

In Georgia, DUI offenses are subject to the state’s standard two-year statute of limitations. This means that the State has two years to file charges against a drunk driver, starting from the time of the alleged DUI infraction.

If you believe that the authorities are attempting to prosecute you for a DUI outside of the established statute of limitations, a qualified criminal defense attorney can help you petition the court to have the case thrown out.

Why Choose Me as Your DUI Lawyer?

Even a first-time offense can have a devastating effect on your future. Area residents choose me when they need a DUI lawyer because:

We Provide Free Consultations

At The Fleming Firm, we believe that every good defense strategy begins with a thorough understanding of the unique case as well as our prospective client’s unique goals and outlook. We use these no-pressure consultations as a starting point for learning the details of your situation, helping you understand the likely costs associated with representation. It also allows us to discuss how we can assist you in the upcoming legal proceedings.

We Build Unique Strategies for Each of Our Clients

Standardized strategies are simply not enough for DUI defense. A truly effective DUI defense strategy is built around the unique details of the case and a thorough analysis of the available evidence. The Fleming Firm can build and implement a winning strategy that is detail-oriented, custom-tailored, and client-focused.

We Work Hard to Gather All the Evidence and Construct a Solid Defense

In a DUI case, a successful defense can sometimes hinge on the smallest detail. For example, if there were procedural errors or civil rights violations that occurred during your initial DUI arrest, a talented defense attorney may be able to use this as an angle to have the case thrown out of court entirely.

We Help Clients Discover If Their Rights Have Been Violated

Many people don’t know the full extent of their rights under Georgia law and the United States Constitution. This is quite understandable, as a comprehensive knowledge of the law requires years of study and practice.

The DUI defense team at The Fleming Firm can help, fill these knowledge gaps, ensuring that your rights were upheld during your DUI arrest and that they remain respected throughout all legal proceedings. If a violation of your rights did occur at any time in the process, we can aggressively pursue this fact as a means of undermining the prosecution’s entire case.

Contact The Fleming Firm

Being implicated in DUI charges can be stressful, embarrassing, and scary, but you don’t need to leave your fate to chance. Take back control by accessing powerful DUI defense services from The Fleming Firm. It’s easy to feel alone and ashamed when you’re being prosecuted for a DUI or similar charge, but we’re here for you, and we’ve helped many Georgians successfully get through what you’re going through now.

Want to work with a DUI defense attorney you can trust? Fill out the form below or on the Contact page now, or call our office to get started.