DUI is a common offense in Atlanta, so DUI defendants are traveling a well-worn path.
All Atlanta DUIs are initially assigned to the DUI division of the City Court of Atlanta. However, any defendant who requests a jury trial can have their case transferred to the State Court of Fulton County. This means that you and your attorney get to choose where your case will be resolved. If you request a jury trial, it will take between one and two years for your trial to occur.
The Abbott Law Firm uses an individualized approach when we work to defend you. Our approach includes an experienced strategy to analyze the evidence, witness accounts, police reports, and any other reliable data and information to defend you. In our past experience, we have found instances of faulty evidence and police procedures that failed to follow the chain of custody for criminal proceedings. We make every effort to help you using every possible angle.
DUI convictions carry serious penalties. Even a first DUI conviction carries a mandatory license suspension of at least 120 days. Many employers will refuse to hire candidates with DUI convictions. You could even be fired.
License suspension is an automatic consequence of a DUI conviction which the judge cannot waive. The only way to avoid license suspension is to beat your DUI charge. This can be made easier with help from David Abbott, an experienced McDonough DUI attorney.
Your first DUI conviction in 10 years results in a license suspension of one year, but restoration can occur after 120 days if the defendant attends DUI school, has a drug or alcohol evaluation, and pays a $200 restoration fee.
A second DUI conviction in 10 years carries a five year suspension and restoration cannot occur for 18 months.
Whether it is your first time facing charges or you have been through it all before, call our criminal law firm for help from David Abbott, a McDonough DUI lawyer.
94 percent of all DUI cases in the Henry County State Court are resolved without a jury trial. Before you pay an attorney thousands of dollars to try your case, you should take a long, hard look at whether a trial is appropriate. This is why I charge a two tiered-fee: a $900 retainer to take a state court DUI case and, and an additional fee of $1,200 if I must prepare for a jury trial. My fees for municipal court cases start at $500.
Refusal
In State Court, if the defendant refuses to take a blood or breath test, it is very rare for the State to reduce or dismiss the charges. However, such cases are easier to win at trial than cases where there is a high blood alcohol content “BAC” reading. Such cases usually come down to what evidence of intoxication the prosecution has.
Low BAC Cases (0.079 or less)
A good attorney can usually get such cases reduced to reckless driving. Most of the cases where the charges were reduced or dismissed are cases where the defendant took a blood or breath test and the result was 0.079 or less.
High BAC Cases (0.100 or higher)
It is extremely rare for a defendant to be acquitted when the jury is informed of a test result of 0.10 or higher. In such cases, a good defense attorney will do everything possible to get the test result suppressed (thrown out).
Suppression can occur when:
An officer pulled the defendant over without probable cause to believe he had committed a crime or traffic offense
The defendant was stopped at a roadblock that was not properly authorized by supervisory police personnel
The chemical testing equipment was not properly certified
The defendant was not advised of his right to obtain an independent chemical test
The defendant asked for an independent chemical test and the police did not take him to a hospital to have such a test.
Defendants with a high chemical test result can attempt to suppress the test and then enter a guilty plea if this fails.
If a chemical test result of 0.10 or higher is admitted into evidence, the defendant’s odds of acquittal are less than 20%. However, if the defendant has a commercial driver’s license or knows that a DUI conviction would destroy his career, it may be worth “rolling the dice” even in the face of bad odds.
A defendant who is convicted after a jury trial will do more jail time than one who enters a guilty plea.
Criminal defense matters are time sensitive, and they are not to be taken lightly. While it is helpful to read the information you'll find here, and elsewhere on the internet, there is no substitution to speaking with a professional attorney about the specifics of your case.
A consultation with The Abbott Law Firm is completely free, and will give you an opportunity to speak with an experienced professional who knows not only the law, but more importantly, the law as it is enforced in Henry County.
Fill out our short contact form with as much detail as possible, and we will contact you to schedule a consultation.