Augusta DUI Defense Lawyer
DUI Defense Attorney
A DUI conviction can have a serious impact on your life. You could face jail time, a fine, suspension of your driver’s license, burdensome terms of probation, and more. And, the indirect consequences can be just as serious. If you’re facing DUI charges in Augusta, the right DUI defense attorney can make all the difference.
DUI Defense
Overview
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DUI Defense Lawyer in Augusta, GA
Get the Help of an Experienced Augusta DUI Lawyer
If you or a loved one has been charged with driving under the influence, your best resource is an experienced DUI defense lawyer. Attorney J. Todd Mitchell has extensive experience fighting Augusta DUI charges, and is dedicated to achieving the best outcome possible for every client. That includes arguing your case to a jury if that’s the best option for you.
You can schedule a free consultation right now by calling (706) 750-0501 or filling out our contact form.
Driving Under The Influence in Augusta, GA
Under OCGA §40-6-391, “driving under the influence” means more than just operating with a certain alcohol content in your blood. A person may be convicted of DUI if:
- They are operating a vehicle while under the influence of alcohol to an extent that makes it less safe for them to drive–there is no minimum blood alcohol concentration(BAC) associated with this charge
- They are operating a vehicle under the influence of any drug, glue, aerosol or other toxic vapor to an extent that makes it less safe for them to drive–there are no chemical testing requirements associated with this charge
- They are operating a vehicle with a BAC of .08 or greater
- They are operating a vehicle with any amount of marijuana or controlled substance in their blood, including metabolites and derivatives
There are also special provisions that apply lower BAC cut-offs to certain drivers. For example, a commercial driver may be convicted of DUI with a BAC as low as .04. For a driver under the age of 21, it is illegal to operate a vehicle with a BAC of .02 or greater.
Penalties for a Georgia DUI Conviction
A DUI conviction can turn your life upside down, creating financial stress, potentially involving jail time, and even impacting your ability to earn a living. The consequences of a DUI conviction depend on a variety of factors, including whether the driver has prior DUI convictions and the driver’s BAC at the time of the incident.
A person convicted of DUI in Georgia who has no prior convictions or nolo contendere pleas in the 10 years leading up to the arrest faces:
- A jail sentence of between 10 days and 12 months, which may be suspended. If the driver’s BAC was .08 or greater, the driver must serve at least 24 hours in jail.
- A fine of at least $300 but not more than $1,000.
- At least 40 hours of community service.
- Completion of an alcohol or drug use risk reduction program.
- A substance abuse assessment and completion of any treatment recommended.
- Probation of 12 months minus any days incarcerated.
For a second offense within 10 years, the penalties are increased to:
- A jail sentence of 90 days to 12 months, with a minimum of 72 hours served.
- A fine of at least $600 but not more than $1,000.
- At least 30 days of community service.
The drug and alcohol program, assessment and treatment, and probation requirements are the same as for a first offense.
For a third offense within 10 years, the penalties are increased to:
- 120 days to 12 months in jail, with a minimum of 15 days served.
- A fine of at least $1,000 but not more than $5,000.
The community service, drug and alcohol program, assessment and treatment, and probation requirements are the same as for a second offense.
A fourth-offense DUI in 10 years is a felony. The conviction carries possible penalties of:
- Imprisonment of one to five years, with a minimum of 90 days served.
- At least 60 days of community service.
- Five years of probation less any actual time served.
The drug and alcohol program — including assessment and treatment requirements — is the same as for a first, second, or third offense.
Additional DUI Consequences
The consequences of a Georgia DUI conviction extend beyond the penalties imposed by the court. First, the state imposes an administrative driver’s license suspension or revocation. The length of the license suspension and the opportunity for reinstatement of limited driving privileges depend on the conviction.
A DUI conviction can also have indirect consequences that many people don’t consider when deciding to enter a guilty plea. For example, a DUI conviction can limit employment opportunities. There are also financial costs beyond fines and court costs, such as increased automobile insurance rates.
The prosecution doesn’t have to tell you about these indirect consequences when offering a plea deal, but an experienced Augusta DUI lawyer can help you understand exactly what’s at stake.
DUI Defense
Strategies
You may think you can’t fight a DUI charge, but that’s not always true. There are many potential defenses for an experienced Augusta defense attorney to explore — especially one with a strong track record in DUI cases. Some of the issues we will evaluate when you hire the J. Todd Mitchell Law Firm to represent you in a DUI case include:
One reason people tend to believe that you can’t beat a DUI charge is the chemical test evidence. However, in some cases, your DUI lawyer may be able to keep that evidence out of court. For example, if the police officer didn’t have a sufficient basis for stopping your vehicle, any evidence collected as a result of the stop may be suppressed. Chemical test results may also be excluded if the officer didn’t administer the required implied consent warnings.
That means the prosecution can’t tell the jury about it. In some cases, chemical test evidence may also be excluded for other reasons, such as unreliability of the device. However, that type of problem is more likely to be addressed at trial.
In a DUI case — or any criminal case — the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. There are many ways an experienced Augusta DUI lawyer may be able to call evidence into.
A chemical test may be subject to challenge if it wasn’t administered properly, or if the device used to administer the test may have been faulty or not properly calibrated. Similarly, the officer’s observation at the scene and any field sobriety test results may be questioned.
Georgia Implied
Consent Law
A person operating a motor vehicle on Georgia roads is deemed to have consented to chemical testing. A chemical test refusal triggers a driver’s license suspension even if the driver is not convicted of DUI.
However, it’s important to know that the “automatic” suspension may be subject to challenge in certain circumstances–if you act quickly. Here’s what you need to know about implied consent in Georgia.
A Georgia driver hasn’t consented to random chemical testing. Implied consent comes into play only when:
- An officer has reasonable cause to believe a driver is operating under the influence and arrests the driver based on that suspicion, or
- The driver was involved in a motor vehicle accident causing serious injury or death
An officer requesting a chemical test under the state’s implied consent law is required to read an implied consent warning, advising you of your rights and the consequences if you refuse the chemical test.
Your DUI attorney can assess the circumstances of your chemical test refusal and may be able to challenge the suspension. However, your time to object to the administrative suspension is very limited, so you’ll want to talk to a DUI attorney immediately.
The Right Augusta DUI Attorney Can Make All the Difference
Contrary to popular belief, it is often possible to fight a DUI charge and win. However, not every attorney has the necessary knowledge, experience, and willingness to go to trial.
Attorney J. Todd Mitchell understands how significant the impact of a DUI conviction can be. He also has extensive experience in all aspects of the DUI process, from plea negotiation and pre-trial motions to suppress evidence to arguing cases to Augusta juries. Our goal is always to minimize the impact of criminal charges on your life.
To get started with a free consultation, contact us today by filling out our website form or calling (706) 750-0501.
Laws Governing
DUIs References
A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; (4) Under the combined influence of any two or more of the substances to the extent that it is less safe for the person to drive; (5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (6) Subject to the provisions of subsection (b), there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
The warnings enacted in O.C.G.A. § 40-5-67.1 require police to give specific warnings regarding asking a DUI suspect for a sample of their blood, breath, urine, or other bodily substance.
The State of this law is being challenged from a number of different angles and is in constant flux. You will need a lawyer who knows how the current state of the law applies to you.
Case Results
When the stakes are high, the results matter most.
Trafficking Methamphetamine
Charged with trafficking methamphetamine. Case reduced to possession with intent and sentenced to probation.
Aggravated Child Molestation
Charged with aggravated child molestation. Case transferred to juvenile court and sentenced to probation.
Sexual Harassment
Client accused of falsely imprisoning and sexually harassing a teenage girl. Client was found not guilty of felony charges.
Charged With Trafficking
Case reduced to possession with intent and sentenced to first offender probation.
Murder Dismissed
Defendant charged with murder. Case resolved with a plea to charges allowing first offender probation.
Burglary
Charged with burglary for assisting co-defendants in entering a vacant home while co-defendants were armed with firearms. Case dismissed.
RICO Indictment Avoided
Client arrested in a gang investigation and charged with possession with intent to distribute controlled substances. Prosecutors agreed to not charge defendant in a RICO/criminal street gang indictment and agreed to dismiss all remaining charges.
Drive-By Shooting
Defendant charged with committing a drive-by shooting and shooting someone in the leg. Defendant sentenced to first offender probation.
.235 DUI Reduced
Defendant charged with DUI and blew a .235. Case reduced to reckless driving.
Client Reviews
Here is what our clients have to say.
Best Possible Outcome
"Wasn’t feeling very hopeful about my case but Mr. Mitchell managed to get me the best possible outcome. In the beginning I was on the fence about getting an attorney (if it’d be worth it) but I’m very glad I did. He delivered exactly what I asked for, even when it felt impossible."
Five Star Legal Service
"J Todd Mitchell Law Firm offers five star legal service. I felt supported and well-informed throughout the entire process. The team's dedication and attention to detail were evident in the positive outcome they achieved for me. They had my traffic case dismissed before the trial started. I am beyond grateful for their outstanding service and would not hesitate to seek their assistance again in the future."
Todd Saved My Life
"My murder charge got dismissed!! After 4.5 years of being on house arrest, being told "no" in court over multiple times & having zero hope in my previous attorney the moment I hired Todd he literally went to war to fight for this case for me, he never made promises he just kept his word to fight for me. The odds were against me Todd changed that!! If your freedom is on the line call Todd."
The Best There Is
"Todd and his team's communication was exceptional! While Mr. Mitchell himself was frequently in court, I never hesitated to leave messages with the front office, or to message through the client portal. The messages were always responded to same day, or I would receive a phone call with updates. We had a hard goal set, and Mr. Mitchell and his team made absolutely sure that the last time I would walk out of the courts, it would be considered a success. Easy to chat with, not hard on the wallet (considering what they bring to the table), and complete transparency are why I hold J. Todd Mitchell Law Firm in the highest of regards. The best there is!"
Won My Case In Less Than 1 Hour
"Mr. Todd was a great attorney and handled my case quickly. I hired him three days before my trial and he came in, did a great job, and he got my case beat in less then an hour in the courtroom. I can't recommend Todd Mitchell enough"
Successfully Proved My Son's Innocence
"Mr. Todd took the time to listen to my son's side of the story. He was very understanding and patient. He took the time to gather the evidence that supported the case and proved my son's innocence. We are very appreciative. Again, thank you!"
The King of Trials - Mr. J. Todd "The Lion" Mitchell
"Mr. Mitchell is a real lion in the court room. I was facing 52 years and came out with a 2-5 year sentence. When his back is against the wall, Todd doesn't give up. I think he should change his name to J. Todd "The Lion" Mitchell. He is the only lawyer I will trust."
Todd is Knowledgeable & Fearless!
"I was in an impossible situation and thought I would spend a chunk of my life behind bars. Then God sent Todd Mitchell. He spoke up for me to the judge and D.A. at the hearing and was continuously on top of the case. His is the only number I'll call."
Todd Mitchell is a Winning Trial Expert
"Todd Mitchell is a trial expert, not just a criminal defense lawyer. His extensive experience WINNING trials, not just trying them, sets him apart from other attorneys in this area. If you want someone who will fight for you, hire Todd Mitchell."
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View BlogAugusta DUI Defense Lawyer FAQs
If you’ve been charged with a DUI in Georgia, you undoubtedly have questions and concerns. The best source of information about the strength or weakness of the case against you and the possible consequences in your specific case will be an experienced local DUI lawyer. The high-level information below will give you a general idea of what to expect.
If you’re facing your first DUI charge, you may think a single misdemeanor conviction isn’t too serious and you should just get the case wrapped up by pleading guilty. But, it’s important that you understand all of the possible consequences, including indirect consequences. And, you may be unknowingly pleading guilty to a charge the prosecution can’t prove. It’s generally best to seek information from an experienced DUI attorney before making any decisions.
The consequences of a DUI conviction vary depending on factors like whether you have had previous convictions. A DUI conviction is a criminal conviction, not simply a traffic offense. That means that in addition to fines, possible jail time, and other direct consequences, the conviction may have a lasting impact. For instance, a DUI conviction may disqualify you from certain employment. Your Augusta DUI attorney can explain the possible consequences of your specific DUI case in greater detail.
As soon as possible after you have been arrested for or charged with DUI. Augusta criminal cases can move quickly, and it’s important to give your attorney an opportunity to investigate, obtain evidence from the prosecution, negotiate, and determine whether pretrial motions are required.
A DUI lawyer can help you in many ways, including identifying flaws and weaknesses in the case against you that may allow your attorney to suppress evidence, negotiate for a favorable plea deal, or even get the charges dismissed. Your attorney can also ensure that you fully understand your options and the possible consequences of a conviction–something the prosecution probably won’t do if they offer you a plea deal.
The cost of hiring a DUI lawyer may vary depending on the attorney you hire, the complexity of your case, whether you are facing misdemeanor or felony charges, and other factors. When you meet with a DUI attorney for your free consultation, the attorney will explain the fees for your type of case. When weighing the costs, consider the fact that a DUI conviction can be very expensive, both directly (in fines and costs) and indirectly (through outside costs such as increased automobile insurance rates).
The best DUI defense attorney will typically be one who has extensive criminal defense experience, specific experience with DUI cases, and experience in the local criminal courts. You’ll also want to look for an attorney who is comfortable with and experienced in both plea negotiations and fighting DUI charges in court, since the best approach for you will depend on the specifics of your case.