...the Law Office of...

Practice Area: DUI Defense

The Law Office of Natalie Green wants to protect your rights and the privilege to drive.

A DUI conviction requires you to serve jail time. It will depend on the particular facts of your case. Even under the age of 21 can be arrested for DUI. The blood alcohol concentration for a person under 21 to be arrested for DUI is merely .02, or one fourth of the amount a driver over the age of 21 would have to have in his or her body for per se DUI, which is .08BAC.

If you are a CDL license holder, it is imperative that you fight against a conviction, because being convicted of DUI while you are a CDL license holder will cause you to be disqualified from using it for one year. CLD holders also have a lower threshold for determining whether or not they are over the legal limit, which is .04 BAC.

Having a DUI will also cost you more than a stay in jail, it will cost you hours of community service, fines, and expenses for taking a Risk Reduction Course. You may be able to get a limited work permit, but that will depend on the facts of your case.

Having a DUI will cost you in other ways as well. Each time you go to get a job, regardless of whether or not your job has anything to do with driving, employers will form their own opinions about you as a person convicted of DUI. You will not longer be able to check the "no" box on a job application asking if you have ever been convicted of a crime.

You will also have to pay much higher insurance rates when you do get your license back.

What do I do if I have been pulled over and the officer asks me to do those field sobriety tests?

You do not have to take the field sobriety tests in Georgia. Those tests are designed to show you fail. Those tests require specialized training by the officer to do them properly. Many times the officers perform the tests incorrectly or they misinterpret the results of those tests. Why risk your case over faulty tests? Politely decline the officer's request for you to perform roadside acrobatics.

Do I have to blow into the machine the officer has with him?

In Georgia you do not have to provide a breath sample. If you do submit to breath testing, ask for an independent test immediately. An independent test may be the proof to show that you were not over the legal limit, but you can't use that evidence unless you ask for the independent test.

The machines the officers carry with them are often not properly calibrated. Those machines sometimes bounce around on the trunk of the patrol car - so why trust such a machine to give the officer probable cause to arrest you?

What do I do if I have been arrested for DUI?

First of all, do not say anything to the police about amount of alcohol consumed. Do not say anything in the patrol car either. You are not protected from being recorded. Also, by providing the officer with an opportunity to ask you questions, you could provide the officer with evidence against you. You do not have to answer the officer's questions, despite them intimidating you. Remember, the statements and observations the officer puts in his incident report are all those statements he uses to support his decision to arrest you. Many times, nothing in the report discusses the things the driver did CORRECTLY. So don't give them more information to use against you - remain silent.

Just because you may be detained by the officer does not automatically mean you are arrested. By talking to the officer, you are giving them the time to build a case against you.

If you have bonded out, it is imperative that you hire an attorney immediately. Your attorney may be able to review the arrest video, discuss what happened before you were pulled over and assess what defenses you have to the DUI charge. Your attorney will also be able to discuss plea options with the prosecutor and prepare motions to file with the court to have certain evidence kept out of the trial.

Will my license be automatically suspended?

The officer may have filed a form with the Department of Driver Services which will result in your license being suspended within 10 days by what is called an Administrative License Suspension (ALS). You have the right to have your attorney represent you at the ALS hearing. It is an important part of building your defense, since at that hearing, the prosecutor is not present, but the arresting officer is present, providing your attorney with an opportunity to examine that officer under oath.

Please contact the office for more information or a consultation with an attorney.