DUI and Traffic Offenses

DUI and traffic offenses are common in the State of Georgia and you might be surprised how difficult it can often be for the police to sustain the charges. Many people often make the mistake of waiting until the last minute to hire an attorney before their DUI or traffic hearing not realizing that they might need a “10 day letter” from their lawyer (sent within 10 days of the DUI arrest) in order to preserve their driving privileges or to take some other action prior to their court hearing, such as attending defensive driving school which might save them a license suspension, points, and insurance surcharges. For DUI’s, criminal defendants have the right to challenge all aspects of the arrest, including the traffic stop, where a faulty stop can often lead to the dismissal of all charges. To the extent that the prosecutor’s evidence can be appropriately challenged, the State may wish to amend the charges to a lesser offense not resulting in the suspension of your driver’s license.

See OCGA Sec. 40-6-391. Drivers with their ability impaired by alcohol, drugs, or toxic vapor.