DUI Convictions and the Suspended Drivers License

Of all the consequences that come with a DUI conviction, the harshest consequence of all is the drivers license suspension.  If you are convicted of a DUI, your driving privilege will be suspended for at least one year.  This suspension can impact your entire life, and may dramatically change your ability to go to work and go to school.  There are no exceptions.

If you live and work in a place with public transportation, or your work and/or school is close to where you live, this may be a minor inconvenience.  I have had clients who live in rural areas, but who commute to the city for work, and as a result of a suspension, they lose their jobs.

There are ways around the license suspension, but they are fact specific to each case.  For example, on a first time DUI, I have been able to negotiate an alcohol impaired driving charge instead of the full DUI.  Drivers License Division doesn't suspend a license for a first time alcohol impaired driving.  A second alcohol impaired driving, however, will result in a suspension, so if you are lucky enough to dodge a suspension the first time, learn your lesson. 

If you are being charged with a DUI, call me.  I will work hard to protect your driving privileges.

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Why A DUI Lawyer Can Help You If You Get Charged With A DUI

It is inevitable, everyone will make a mistake from time to time. One mistake that can never be ignored, however, is a DUI. There are millions of DUI cases every year throughout the United States, and if a DUI case ends in conviction, it can spell disaster for the involved party. A DUI is by far one of the most common and most damaging major traffic offenses on the books. A DUI can shatter a person's family life, ruin a person's career, and haunt a person for the rest of his or her life.

Many people don't realize how much damage a DUI can do. It stays on a person's driving record for years, and carries many significant penalties. First, a person's auto insurance rates usually skyrocket right after a DUI. In addition, if a person finds it necessary to use a company vehicle, whether a CDL truck or a small vehicle for deliveries, they may not be able to even be insured by their company's insurance policy after a DUI, which could result in getting fired. Lastly, and while this isn't an "official" penalty, it does happen without question. When a person has a DUI on his or her record, it becomes easy for a police officer to pull that person over for suspicion, even if they aren't doing anything wrong. It's unfortunate, but it happens.

What can a person do to prevent this if they ever find themselves facing a DUI charge? The absolute most important thing is to get a DUI lawyer as quickly as possible. Fighting a DUI without legal assistance is all but impossible. A good DUI defense typically costs a couple of grand, but relative to dealing with the problems of having a DUI on one's record, it pays for itself relatively quickly. Most DUI lawyers will work with prosecutors and judges to get a DUI reduced before it even goes to trial. They can often get DUI charges reduced to much less serious charges out of court, resulting in charges that will drop off of a person's record much sooner, and with much less life shattering consequences.

A DUI doesn't have to be a life ruining event. While it can definitely be a wake-up call, a person should always do everything in their power to get it reduced to a lesser charge. DUI lawyers are a necessity for anyone dealing with a DUI, and there is no reason a person should ever just take the DUI charge and not fight it. Having a good DUI lawyer is the key. Without proper representation, a DUI can run one's life.

Call today to setup your initial DUI interview with Atlanta attorney,  at 404-581-0999
Article Source: http://EzineArticles.com/?expert=Ryan_Akin

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The Initial Interview with an Atlanta DUI Attorney

Building an attorney-client relationship happens during the initial Atlanta DUI lawyer interview. The establishment of cooperation and trust of the client is created, pertinent information is gathered about your case, the costs and fees involved are discussed and the process in which your Atlanta DUI lawyer will defend your case is determined.

Honesty and openness is the key to a good attorney-client relationship. It is so important for the client to share all information with the DUI attorney. There is no reason to be embarrassed or ashamed and hold information back. It could harm you in the future if your Atlanta DUI attorney is not aware of certain facts or secrets. At your first meeting, be sure to bring all pertinent documents about your case, such as: the citations, notice of suspension, the results of your breath/blood test, etc.

It will also be good time to discuss the implications of the charges and what the possible fines, penalties or jail time may be. We will discuss the procedures of the court system that must be followed for an Atlanta DUI arrest. An Atlanta DUI attorney is not able to make any promises or guarantees as a result of their representation.

Attorney fees will also be a topic of discussion at this meeting. Your Atlanta DUI attorney will be frank and honest with you and explain how all the fees will play out depending upon whether you settle out of court or require a full jury trial. A payment schedule can also be discussed at this time with your Atlanta DUI attorney.

It would be wise not to include any third party members at the initial interview. The only exception to this would be if a minor is involved in the DUI and it would good to have a parent or legal guardian present as well.

The best advice is to show up to the initial DUI attorney meeting with a positive attitude, do some research on DUI laws and penalties and have a list of questions for your Atlanta DUI attorney.

Call today to setup your initial DUI interview with Atlanta attorney, Scott Smith, at 404-581-0999

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Tips for Hiring an Atlanta DUI Attorney

Suggestions for hiring an Atlanta DUI attorney by phone

Although hiring an Altanta DUI defense attorney by telephone seems like an easier route, it is always a good idea to meet with the Atlanta DUI attorney face-to-face before making the decision to hire them. If you do decide to hire an Atlanta DUI attorney based on a phone call, it is my suggestion that you ask these questions:
How many drunk driving (DUI) jury trials have you defended in Atlanta successfully?
Do you have enough staff to represent me in DUI court and DMV hearings effectively?
If you were being charged with a DUI, what Atlanta DUI attorney would you have represent you?
How much of your Atlanta attorney practice do you devote to Atlanta DUI defense?
Have you attended any attorney DUI seminars in the past year?
Have you ever spoken at a DUI seminar and taught other DUI attorneys how to successfully defend DUI clients?
How often do you plead guilty without conducting a jury trial or filing pre-trial motions?
Will you be available to meet with me in person or by phone when needed?
Have you ever had any DUI literature published?
Do you have access to investigators and experts in DUI defense cases?Remember that price denotes quality. If an Atlanta DUI attorney is willing to represent you for a very low fee, that should tell you something about the quality of legal service you should expect. The most important thing you can find out is if the Atlanta DUI lawyer has a history of pleading guilty for their clients or if he/she has been known to fight and win DUI cases in Atlanta.

I hope this helps you choose an Atlanta DUI attorney that is right for you. Choosing the right attorney can be more expensive, but choosing the wrong one could cost you in your DUI sentencing. If you or a loved one is facing a DUI charge in Atlanta, I would be happy to provide you with a free DUI attorney consultation. Please call my Atlanta DUI office to schedule a time to meet. I look forward to hearing from you.

If you have been arrested for a DUI, and were tested for Nystagmus, contact an experienced Atlanta DUI attorney. Scott Smith has handled numerous DUI cases where there was a false result for the Nystagmus test. Contact Atlanta DUI lawyer,, at 888-632-9732

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Nystagmus Test Atlanta, Georgia

The Nystagmus test is a test used in Atlanta to test for a DUI arrest. Nystagmus is an eye condition characterized by involuntary rapid, jerky eye movements. It is a symptom that should always be investigated by a specialist, as it can be a result of disorders other than DUI.

There have been approximately 45 types of Nystagmus identified. Most of these forms are pathological and have either been classified as being congenital or acquired. It is important to distinguish between these conditions because Acquired Nystagmus is often indicative of neurological dysfunction.

Some Common Types:
- Acquired or Late Onset Nystagmus – Occurs later in life, usually the consequence of some disease or accident.

- Congenital or Early Onset Nystagmus – This form has many causes, sometimes genetic and often linked to other eye problems. It occurs in the very young, persisting for the rest of the individual’s life.

- Horizontal Nystagmus - The eyes move back and forth.

- Jerk Nystagmus - Type of eye movement where the eyes accelerate as they move.

- Latent Nystagmus - Condition appears when one eye is covered up.

- Manifest Latent Nystagmus - Visible all the time because one eye is ‘covered’ by some other form of impairment such as a cataract.

- Rotatory Nystagmus - The eyes move round and round.

- Pendular Nystagmus - Thought to be a result of a delay in messages to the brainstem. It can be congenital or acquired and is characterized by eye movements that are equally paced in each direction. Oscillations may be vertical, horizontal, diagonal or rotary. There also exists a fast and slow phases to the waveform.

- Vertical Nystagmus - The eyes move up and down.

If you have been arrested for a DUI, and were tested for Nystagmus, contact an experienced Atlanta DUI attorney. Scott Smith has handled numerous DUI cases where there was a false result for the Nystagmus test. Contact Atlanta DUI lawyer,, at 888-632-9732

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Atlanta DUI - Fourth Offense

Fourth Conviction (Within 5 years)

Suspension
License/privilege to drive revoked for 5 years.
In addition to the sanctions imposed upon a third conviction, a defendant who is convicted for a fourth violation under O.C.G.A. §40-6-391 while declared and served as a Habitual Violator will be subject to the charges of Felony With a Vehicle and DUI, to include the seizure of the automobile used in the commission of the offense of DUI. O.C.G.A. §40-6-391 As provided in O.C.G.A. §40-6-391.2, the procedures for the confiscation of the vehicle must be implemented by the district attorney’s office; therefore, these cases should be placed in the respective superior court.

The arresting Atlanta agency, upon verifying that the driver has met these requirements for a DUI, shall declare the vehicle as contraband. Within twenty days from the date of seizure, this vehicle must be relinquished to the district attorney’s office. The district attorney has no more than 60 days from the seizure to initiate the condemnation procedures as provided in this code section.

Extenuating Circumstances
In any case where a vehicle is the only family vehicle, is determined to be subject to forfeiture, the court in Atlanta may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the State from such forfeiture, order the title of the vehicle transferred to such other family member who is a duly licensed operator. The interest of an owner, lessee, security interest holder, or lien-holder shall not be subject to forfeiture unless the condemner shows by a preponderance of evidence that such person knew, or reasonably should have known, that the operator was a habitual violator as set forth in this section and knew, or reasonably should have known, that such person would operate or was operating the vehicle while in violation of O.C.G.A. §40-6-391.

Proceeds of Sale
The proceeds arising from such sale shall be deposited into the general treasury of the State or any other governmental unit whose law enforcement agency it was that originally seized the vehicle. It is the intent of the General Assembly that, wherever possible, proceeds deposited into the State treasury should be used and that proceeds vested in any local governmental unit shall be applied to fund alcohol or drug treatment, rehabilitation, and prevention and education programs, after making the necessary expenditures for:

1. Any costs incurred in the seizure;
2. The costs of the court and its officers; and
3. Any cost incurred in the storage, advertisement, maintenance, or care of the motor vehicle.

Endangering a Child During the Commission of Driving Under the Influence O.C.G.A. §40-6-391(l). A person who violates this Code section while transporting, in a motor vehicle, a child under the age of 14 years is guilty of the separate DUI offense of endangering a child by driving under the influence of alcohol or drugs. The DUI offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the DUI offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. A DUI offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.

It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a DUI in Atlanta contact DUI attorney, at 888-632-9732

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Atlanta DUI - Third Offense

Third Conviction (Within 5 years)

A plea of nolo contendere will be considered a conviction. The court should not accept this plea.

Suspension
License/privilege to drive will be revoked for 5 years from date of conviction.
Note: The court should notify the defendant that a third conviction within a 5-year period, as measured from date of arrest to date of arrest for which convictions were obtained, will classify him/her as a Habitual Violator. The court should declare the defendant a Habitual Violator, seize his/her license, and serve him/her with an official 1189 form. Accordingly, the defendant’s license will be revoked for a period of 5 years from the date of conviction O.C.G.A. §40-5-62(a)(1)

Temporary Driving Permit
Two years after the defendant surrendered his most recently issued license to the court or DDS, or the date the conviction was processed by DDS, the licensee may apply for a Habitual Violator Probationary License. The defendant may request the issuance of this application by mailing his or her request to the following address
Department of Driver Services
PO Box 80447
Conyers, GA 30013

The Habitual Violator Probationary License fee will be $210.00 (or $200.00 if applied for by mail).
Note: During the first six months of the probationary license, the driver will be required to have an Ignition Interlock Device on any vehicle he or she operates, if the defendant’s HV was based upon at least two convictions under O.C.G.A. §40-6-391.

Note: DDS has the authority to revoke the limited driving permit if a person is convicted of violating any state law or local ordinance relating to the movement of vehicles, is convicted of violating the conditions endorsed on his/her permit, or fails to go to, or complete, the treatment program. If the permit is revoked, it will not be reissued, even if the person re-enrolls in or completes the treatment program. See O.C.G.A. §40-5-64(g)(1)(A) and (B).

Reinstatement
Any person convicted of a third offense under O.C.G.A. §40-6-391 within a five year period, shall be required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment program before the drivers license will be reinstated, provided that such evaluation and treatment shall be at such person’s expense, except as otherwise provided by O.C.G.A. §37-7-120. Acceptable proof of completion of such a program must be submitted to the Department of Driver Services prior to license reinstatement, issuance, or restoration. O.C.G.A. §40-5-63.1

It is essential to have an experienced Atlanta DUI attorney on your side to watch out for your best interests. If you have been arrested for a DUI in Atlanta contact DUI attorney, at 888-632-9732.

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