Facing a DUI Charge?
Driving under the influence (DUI) charges are very serious offenses. The law imposes minimum mandatory punishments that no judge can undercut. There is mandatory jail time, mandatory community service, mandatory DUI school, mandatory fines and mandatory license suspension. Additionally, virtually all prosecutors have a policy about DUI cases and seek to impose more than the minimum mandatory sentence conditions. They take them very seriously, and so do we.
One key to victory is to get started early. As soon as possible, you need to have a lawyer investigating your case. The officer's background and training are the key things to look into. After all, the officer is going to be the chief witness against you.
If the officer served you with a notice of license suspension, then you have 10 days to file an appeal. Do this or your license will be suspended for a year with no chance for a limited driving permit. While preparing for the appeal, we use the administrative procedures to obtain information that the prosecutor would like to keep us from getting until they have had time to go over it. This is why it is so important to get started early.
Administrative license suspension hearings can ruin you before you ever get to court. Georgia will suspend your ability to drive for refusing the State test or for taking it and having a blood alcohol level (BAC) of .08 or higher.
Not taking the breath test or failing the breath test can get your license suspended for up to a year, and that is before you ever go to court to fight your DUI charge. That is not to say that you should have taken the test!
Getting a lawyer who will fight the ALS hearing might just save your job. Also, let us get the officer on the record early before being talked to by the prosecutor. It is an important process and you have to fight this the right away. You only have 10 business days from your arrest to file that appeal and pay the appeal fee. Do not hesitate. He who hesitates will lose!
Why Choose Our Firm
The bottom line is that we have the experience, the drive and the willingness to do what it takes to get you through this process. You want peace of mind and confidence that your case is being handled skillfully by someone who can keep you informed in a way that you can understand.
As a former prosecutor who used to train prosecutors, Kirby knows how attorneys are evaluating your case. They want to know what weaknesses exist. Our job is to expose those weaknesses early before they can try to fix them. Once we have exposed the flaws in their case, they are more likely to dismiss the DUI charge or to reduce it.
If the prosecutor is not reasonable, then we file the motions challenging all facets of the police conduct. Did they lawfully stop you? Did they lawfully conduct their investigation or did they unlawfully expand it? Did they conduct a proper DUI investigation? Did they unlawfully conduct the field sobriety tests? Did they give you the proper warnings about the breath test? Was it conducted properly? There is so much more. If we win, then the court will suppress (throw out) the evidence, and that changes the dynamic of the case.
Kirby Clements Jr. used to teach DUI and vehicular homicide trials to Georgia prosecutors. He knows how they are coming after you and the tactics that they are going to use. He used to teach them!
HERE ARE A FEW OF OUR CASE RESULTS IN DUI CASES
City of Atlanta
Client stopped for speeding by Georgia State Patrol and charged with driving under the influence (DUI). Result: Reduced to reckless driving.
Underage driver involved in a single car accident. Police took his blood at the hospital and he was found to have a high B.A.C. After a hearing, case was dismissed.
Client stopped for failure to maintain lane. He took the breath test and had a high B.A.C., and there was a video tape. Kirby filed a motion to suppress this case. He was able to show that the officer did not have probable cause to stop the client. Case dismissed.
Client was stopped for first DUI. He failed to appeal his ALS hearing, so his license was already suspended. We used the police video to catch the officer in several major errors and false statements. Result: DUI dismissed.
Client was stopped at a police roadblock and charged with DUI. Result: Reduced to reckless driving.
Client stopped for making an illegal u-turn in Conyers. This was his second offense in five years. Kirby filed a motion to dismiss and after a hearing, Kirby won a suppression of the State's key evidence. Case was dismissed after a hearing.
Client was stopped at a roadblock in Hall County. The State Patrol trooper that stopped her was new. She refused to perform any field sobriety tests and was arrested. After charging her, he improperly advised her of her implied consent rights. Kirby filed an ALS appeal and saved her driver's license, and later had the DUI charges dismissed.
Not sure if you should appeal?
If you refused any test
You had a B.A.C. of at least .08 or higher?
File the appeal and pay the fee.
Clients that hire us, have these things in common.
They want a lawyer who is committed to fighting the case.
They want a lawyer who is not afraid to stand up to the judge, the prosecutor or the police officer.
They want a lawyer who will be honest about how the case is looking.
They want a lawyer who is accessible.