Augusta DUI Defense Lawyer
DUI Defense Attorney
Attorney J. Todd Mitchell helps fight Augusta DUI charges by challenging evidence, exploring defenses to suppress evidence, and guiding clients through Georgia's implied consent laws and severe penalties.
DUI Defense
Overview
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DUI Defense Lawyer in Augusta, GA
Get the Help of an Experienced Augusta DUI Lawyer
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.
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.
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.
How to Handle
a DUI Stop in Georgia
Being pulled over on suspicion of DUI can be a stressful and confusing experience. The steps you take in those moments can make a difference in the outcome of your case. Here’s a general guide on how to protect your rights during a DUI stop in Georgia:
1. Pull Over Safely
As soon as you see flashing lights, signal and pull over to a safe, well-lit area. Turn off your engine, roll down your window, and keep your hands on the steering wheel.
2. Stay Calm and Polite
Remain respectful and avoid sudden movements. Comply with requests for your license, registration, and insurance. Stay calm and speak clearly.
3. Be Cautious When Answering Questions
You're required to provide identification, but you're not obligated to answer questions like “Have you been drinking?” Even if you haven’t, it’s okay to respond with, “I prefer not to answer without an attorney.” Anything you say can be used against you later.
4. Field Sobriety Tests Are Voluntary in Georgia
In Georgia, field sobriety tests (such as walking in a straight line or following a pen with your eyes) are voluntary. Refusing these tests typically cannot be used against you in court, though an officer may still arrest you based on other observations.
5. Chemical Test Refusal Has Consequences in Georgia
Under Georgia’s implied consent law, if you’re arrested and refuse a chemical test (like a breath or blood test), you may face an automatic driver’s license suspension—even if you're not ultimately convicted of DUI. Officers are required to inform you of this before testing.
6. Invoke Your Right to an Attorney
If you’re arrested, clearly state that you want a lawyer. Do not answer further questions. Politely exercising your rights cannot be held against you in court.
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:
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.
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
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."
Recent DUI Defense Articles
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Augusta 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.