STRATEGIC DEFENSE BY HIGHLY EXPERIENCED AND RESPECTED DUI ATTORNEYS
An Atlanta DUI attorney handles driving-under-the-influence cases per local and state laws. According to Georgia DUI date reports, there were more than 19,000 convictions for driving under the influence in 2019. A DUI case can range from a misdemeanor to a felony. The scope of penalties for convictions include fines, incarceration, and more.
Drivers may face a criminal case if an accident occurred, property was damaged, or someone was injured. A first-time DUI could have steeper consequences if the charges are serious. Likewise, other parties may sue for personal injury damages to cover medical costs and other related expenses.
If you received a DUI in Fulton County, get the help you need by hiring a law firm with a former prosecutor. Michael LaScala anticipates prosecuting attorneys in Atlanta because he’s ligated on that side. Call the LaScala Firm for a free consultation at (404) 881-8866.
The LaScala Firm
DUI, Atlanta Defense
Our attorneys work diligently and efficiently to build a case that protects your rights in the following kinds of criminal law cases:
Michael LaScala has prosecuted and defended thousands of DUI cases. Michael’s experience on both sides of the tribunal works to your advantage: Michael knows the ins and outs of the system and can help you retain your license, successfully defend and win your DUI case or mitigate your fines or jail time.
No matter how minor or serious your drug offense, our attorneys vigorously examine the evidence against you to determine if it was collected illegally or contaminated during seizure. At the same time, we set honest expectations and always keep you informed of potential drug offense penalties.
White Color Crime
White-collar crimes often involve detailed investigations led by law enforcement agents who specialize in fraud, corruption, forgery, embezzlement or bribery. Experienced in litigating such cases on our clients’ behalf and is able to mitigate serious penalties in many cases.
Our attorneys leave no stone unturned when exposing mistakes or misconduct that may have negatively affected your trial. Because appeals are time-sensitive, you need to act quickly after conviction in filing an appeal.
What is a DUI?
According to Georgia Statue § 40-6-391, a person cannot drive a vehicle while under the influence of alcohol, drugs, and other intoxicating substances. At least not to the extent that their operation of the vehicle would be less safe.
Police officers can conduct sobriety tests to determine a driver’s ability. The results of a breath test are strong evidence against someone with DUI charges. But, drivers may refuse to take a breath, blood, or urine test.
The state of Georgia set up the Administrative License Suspension (ALS) Process so that drivers who refused DUI testing will lose their license. License suspensions for refusals are for one year.
Types of DUI, Atlanta
If you are found guilty of driving under the influence, your first and second DUI convictions are misdemeanors. Misdemeanors are less severe crimes. However, you can still face fines up to $1,000, jail time of less than a year, and other punishments if found guilty.
Your third offense is an aggravated misdemeanor. Advanced misdemeanors have steeper penalties, such as fines up to $5,000 and minimum imprisonment periods.
Fourth and subsequent offenses are felonies. A felony is a serious crime. Penalties for felony convictions in Atlanta, Georgia, can include a minimum of one-year imprisonment.
Common Questions for Your Atlanta DUI Lawyer
Do you lose your license for the first DUI in GA?
Whether it’s your first DUI charge or fifth, you will lose your right to drive. If you submit to a chemical (breath, blood, or urine) test and have an alcohol concentration above the limit, the state will confiscate and suspend your license. If you refuse to take a chemical test, the Department of Motor Vehicles will suspend your driving privileges for 12 months.
However, you will receive a 30-day temporary driving permit if you submitted to a test. You can appeal the ALS or choose an ignition interlock and a limited driving permit during this period. The limited permit will only allow you to drive to specific locations. Such as school, work, health care appointments, drivers’ education program, alcohol and drug treatment programs, court, and any court-ordered activities.
Is a DUI a felony in Georgia?
Your first, second, and third DUIs are misdemeanors. Fourth and subsequent DUIs in a 10-year period are felonies. If your DUI incident involves serious injury or death, your charge will be a felony. Likewise, you may have a felony DUI if you had a passenger younger than 14 years old in the vehicle.
How long does a DUI stay on your record in the state of Georgia?
A DUI conviction stays on your driving record for 10 years and will indefinitely stay on your criminal record. According to DUI law in Georgia, convictions are not eligible for expungement or record restriction.
What are the penalties for a DUI in Georgia?
Consequences for a DUI can vary. You can expect fines, driver license suspensions, community service, and imprisonment. A judge may also have sentencing provisions, such as clinical evaluation and completion of an alcohol and drug program.
Factors that impact DUI charges and sentencing include the following:
- Number of previous DUI convictions
- The time duration of prior convictions
- Blood alcohol concentration, as applicable
- Any amount of controlled substances present
- Driver’s age (older or younger than 21)
- If minors were in the vehicle
- Serious injury or death
About Atlanta, Georgia
The capital of Georgia went by a different name when founded in 1837. It was originally Marthasville after the governor’s daughter’s name. Because it was at the end of the Western and Atlantic railroad line, it had the nickname Terminus. Later, it was officially renamed Atlanta after the Atlantic railroad line.
In addition to the railroads, the city continues to be a major transportation center with its international airport. Handling around 108 million passengers a year, Hartsfield-Jackson Atlanta International Airport is the world’s busiest airport. Beating out the Beijing Capital International Airport in China and the Dubai International Airport in the United Arab Emirates.
It is no surprise that the city is popular with historic landmarks and entertaining sights. Some of the biggest attractions include:
- The birthplace of Martin Luther King, Jr.
- The World of Coca-Cola museum
- Centennial Olympic Park
The population in the metro Atlanta area has grown significantly in the last 20 years. It is the fourth fastest-growing area in the country. The city is home to more than half a million people as of 2020, making it the 36th biggest city in America.
One of the reasons Georgia DUI penalties are so severe is that Atlanta has a high number of DUI-related arrests. Per 100,000 Georgia residents, about 350 will have an impaired-driving arrest.
Do you have questions about your DUI case?
A law office like Richard S. Lawson and The LaScala Firm can help you overcome the challenges of getting your life back to normal. A DUI charge requires a criminal defense, especially in cases involving personal injury. Legal professionals represent clients to strengthen their case and regain their driving privileges.
Whether you are just looking for legal advice or need a trial lawyer on your side, contact The LaScala Firm for a free consultation at (404) 881-8866 today!