Atlanta DUI Defense Attorney
Drunk driving is a serious criminal offense. If convicted, you could face severe penalties – including jail time, a prison sentence, fines, probation, community service, and other consequences. Under O.C.G.A. §40-6-391, it is illegal to operate a motor vehicle in the State of Georgia under the influence of alcohol or drugs. DUI (driving under the influence) and DWI (driving while intoxicated) are generally interchangeable terms. However, the increasing popularity of recreational drugs has somewhat eliminated the term DWI, which only refers to drunk driving. Your first DUI conviction in Georgia is punishable by a $1,000 fine, 12 months of imprisonment, 40 hours of community service, completion of a Risk Reduction Program, mandatory drug/alcohol treatment, 12 months of probation, and license suspension.
Arrested for drunk driving in Atlanta, GA?
Facing a drunk driving allegation is never easy. That's why our team of Atlanta DUI lawyers is prepared to help clients fight for their rights in the face of a DUI charge. At the Law Offices of Howard J. Weintraub, we are well-versed in a wide variety of DUI practice areas, including the following practice areas:
After an arrest, you can schedule an Administrative License Suspension (ALS) hearing to regain your driver's license. Typically, ALS hearings are held within a few months of your hearing request, which must be filed within 10 days of your DUI charge.
CDL License Suspension
Commercial drivers are held to a stricter DUI standard than regular motorists. If you've been arrested for driving under the influence with a commercial driver's license, you freedom, reputation, and livelihood are at stake. If convicted, you may face traditional DUI penalties and lose your CDL.
DUI with Drugs
The term "driving under the influence" refers to more than drunk driving; it can involve drugged driving as well. Drugged driving occurs when a motorist operates his/her vehicle under the influence of a controlled substance or heavy medication and is subject to the same penalties as drunk driving.
If you were arrested for drunk driving but avoided a DUI conviction, you may be eligible to have the incident expunged from your criminal record. In short, expungement strikes the arrest from your record so that it cannot be held against you in the future.
You may request a driver's license suspension hearing for almost any type of driver's license suspension. For instance, a DUI arrest would merit an ALS hearing, while a blood or breath test refusal would merit an Implied Consent License Suspension hearing.
DUI w/ Accident
You may be subject to elevated penalties if your DUI arrest involved a traffic collision and property damage. If law enforcement accuses you of driving drunk and causing a car accident, speak with our Atlanta DUI defense lawyers immediately.
DUI w/ Injuries
Facing a DUI charge is hard enough; facing a DUI charge that involves a personal injury is even more devastating. Drunk driving that causes a personal injury is considered a felony offense. If convicted, you may be subject to 15 years in prison.
Drunk driving can be charged as a misdemeanor or a felony offense. Personal injury, past convictions, and other aggravated circumstances can elevate your DUI charge from a misdemeanor to a felony. For example, your fourth DUI will be charged as a felony offense.
Leaving the Scene
"Leaving the scene" is a specific type of DUI offense. After an accident, motorists are obligated to stop and exchange their name, address, vehicle registration, and driver's license information with each other. If police believe that you cause a DUI accident and left the scene of the wreck, you may be subject to harsh penalties.
Out of State DUI
If you're arrested for drunk driving in Georgia, but are from a different state, you will face a unique set of legal complications. If you've been arrested for out-of-state DUI, speak with our team of Atlanta DUI lawyers today.
Underage drivers are subject to a different set of DUI penalties. Although the legal BAC limit is .08% for adults, underage drivers are held to a much stricter standard. In fact, underage drivers can be arrested for driving with a BAC of .02%.
Vehicular manslaughter (Homicide by Vehicle) is one of the most serious accusations that you can face as a driver in Georgia. If convicted, motorists can face decades of incarceration and other serious penalties. Vehicular homicide can be charged as a misdemeanor or a felony – depending on the variables surrounding your unique case.
Hire the Right DUI Attorney: Contact Us Today
At The Law Offices of Howard J. Weintraub, P.C. we recognize what is on the line when you are dealing with criminal cases pertaining to drunk driving. No matter whether you are facing your first offense, or if you have prior DUI convictions, you can breathe easier knowing that we will stop at nothing in our efforts to helping you obtain the just outcome that you deserve. We have an intimate understanding of the law and over 39 years of combined attorney experience - you can be assured that we will stop at nothing in our efforts to develop and present all possible defenses to your DUI charge. We know that both your criminal record and reputation is on the line - you can trust that we will fight for you.