STOP! You only have 10 days to act.
By Georgia law, you only have 10 business days from the date of your arrest to save your license. Having a DUI lawyer can help protect your ability to drive even if the officer took your license when you were arrested. Call the DUI lawyer and have a free consultation on how we will protect your ability to drive. Please remember you only have 10 days from your arrest.
Fighting Underage DUI Charges in Atlanta
In Georgia, it is easy to be arrested and convicted for driving under the influence (DUI/DWI) when you are under age 21. A zero tolerance policy makes the standard lower for underage drivers, while the penalties for conviction are the same as those faced by drivers over age 21.
If you were arrested for underage DUI, you need a skilled defense lawyer on your side. I am attorney James Paisley. I understand how to fight underage DUI charges. Call The Paisley Law Firm at 404.618.0960 today. Your consultation is free.
What Does Zero Tolerance Mean?
Georgia law considers underage drivers to be legally over the limit if their blood alcohol content (BAC) is .02 percent or higher. For adults, the legal limit is .08 percent BAC. Underage drivers convicted for DUI with a BAC between .02 and .08 percent will have their driver's license suspended for six months.
If an underage driver is convicted of drunk driving with a BAC above .08 percent, they will face the same penalties as adult drivers.
What Can We Do?
Just like DUI for persons over age 21, I fight the administrative suspension that threatens your ability to drive and the criminal prosecution of your case that threatens your freedom, as well as your ability to drive.
After your arrest, you have ten days to appeal your license suspension. I can represent you and question the arresting officer about the arrest. This is our best time to negotiate down to a non-DUI charge such as reckless driving.
I will challenge whether there is sufficient evidence and if the officer had enough observations to arrest you. I will also review police procedure, including:
- Traffic stop
- Field sobriety tests
- Breath tests
- Correct observation period
- Test results within range
In a DUI criminal prosecution, the state tries to attain a conviction. Pleading guilty or "nolo" is a conviction and could result in minimum penalties of ten days in jail, six months to one year of a suspended license, DUI classes, 40 hours of community service, fines and 12 months of probation. The penalties for multiple offenses are much steeper.
Getting evidence suppressed or thrown out is a crucial step in arguing for reduced or dismissed charges. If procedures were done incorrectly, I can file motions to suppress that make the state's case harder to prove. In most cases, I find issues with the traffic stop, statements given, sobriety tests and the breath test.
If a procedure was mishandled, I will argue for evidence to be suppressed. This may lead to a reduced or dismissed charge. For a free consultation, please call 404.618.0960 or send me an e-mail.