DUI Defense Attorneys in Peachtree Corners & Metro Atlanta
Defending You After a DUI Arrest
Being arrested for DUI can put your driving privileges, freedom, finances, and future at risk. From the moment you are pulled over, law enforcement may begin collecting evidence through observations, field sobriety exercises, breath testing, blood testing, or other investigative methods. At Bair Wilson Sharma LLC, our DUI defense attorneys carefully examine every stage of the investigation to determine whether the evidence supports the charges against you.
In Georgia, impaired driving charges are generally referred to as DUI, or Driving Under the Influence. A driver may face DUI allegations involving alcohol, illegal drugs, prescription medications, or a combination of substances. Georgia also recognizes different forms of DUI charges. A DUI Less Safe charge generally focuses on whether a person's ability to drive was impaired, while a DUI Per Se alcohol charge may be based on a qualifying blood alcohol concentration.
For most drivers age 21 or older, Georgia's per se BAC limit is 0.08%. Different standards apply to drivers under 21 and commercial drivers. However, a BAC result is only one part of a DUI case. The circumstances surrounding the traffic stop, arrest, testing procedures, and collection of evidence can all be important to the defense.
Our attorneys represent clients facing first-time and subsequent DUI charges, as well as DUI allegations involving alcohol, drugs, or prescription medications. We take the time to understand what happened and determine which aspects of the state's case deserve closer examination.
Call Bair Wilson Sharma LLC at 678-250-6095 to schedule a consultation with a lawyer today.
Challenging the Evidence in a DUI/DWI Case
A DUI arrest does not automatically mean a DUI conviction. The prosecution must still prove the charge, and there may be legal or factual issues with the evidence obtained during the investigation.
One of the first questions in many cases is why the vehicle was stopped. Police generally need a lawful basis to initiate a traffic stop. Our attorneys examine the officer's stated reason for stopping the vehicle and compare police reports with available body-camera or dash-camera footage.
We also evaluate the DUI investigation itself. Officers may rely on observations such as driving behavior, speech, appearance, coordination, or the smell of alcohol. These observations do not always tell the entire story and may have explanations unrelated to impairment.
Field sobriety exercises can also become an important part of the prosecution's case. We examine how the exercises were explained and administered, the conditions where they were performed, and other factors that may have affected performance. Uneven pavement, poor lighting, weather conditions, footwear, injuries, medical conditions, fatigue, and nervousness may all influence how a person performs.
Breath, blood, or urine testing requires careful evaluation as well. Depending on the type of test, questions may arise regarding the testing procedure, equipment, sample collection, storage, handling, or analysis. Drug-related DUI cases present additional issues because the presence of a substance does not necessarily answer every question about whether a person was impaired while driving. Prescription medications can also lead to DUI allegations even when a driver was legally prescribed the medication.
Our attorneys review the evidence as a whole to determine whether there are grounds to challenge the stop, arrest, field sobriety evidence, chemical testing, or other aspects of the prosecution's case.
Every Stop. Every Test. Every Detail Matters.
A DUI case can involve more than the criminal charge itself. One of the most immediate concerns following an arrest is often the ability to continue driving.
Georgia DUI cases can involve driver's license consequences that are separate from the criminal court proceedings. Implied consent issues, chemical-test decisions, and administrative license procedures can affect a person's driving privileges. These matters may also involve deadlines, making it important to address the license consequences of an arrest promptly.
The potential criminal penalties for DUI depend on factors such as whether the individual has prior DUI convictions and the circumstances surrounding the current charge. Consequences may include fines, probation, jail time, community service, DUI education or treatment requirements, and driver's license restrictions or suspension.
Repeat DUI offenses can carry increasingly serious consequences. A prior history may affect potential penalties and how prosecutors approach a new case, which makes a careful review of both the current allegations and relevant prior history important. A conviction can also have consequences beyond the sentence imposed by the court. DUI charges may affect employment, insurance rates, professional licensing, commercial driving privileges, and a person's criminal record.
At Bair Wilson Sharma LLC, we provide hands-on representation throughout the DUI process. We review the circumstances of the traffic stop, analyze the evidence, explain potential license consequences, communicate with prosecutors, evaluate possible resolutions, and prepare to advocate in court when necessary.
Our approach is personalized because no two DUI cases are exactly alike. A case involving an alleged refusal may present different issues from one involving a breath test. A prescription-drug DUI may require a different defense strategy than an alcohol-related charge. A first DUI also presents different considerations than a case involving prior offenses. Our firm provides multilingual legal services in English, Spanish, French, Ukrainian, and Russian, helping clients understand their charges and communicate clearly about their defense.
We proudly represent individuals throughout the Metro Atlanta Area facing DUI allegations. If you have been arrested for driving under the influence, are concerned about losing your license, or have questions about breath, blood, or field sobriety evidence, our DUI defense attorneys can help you understand the charges, examine the evidence, and work to protect your driving privileges, record, and future.
DUI/DWI Defense FAQs
What is DUI Less Safe in Georgia?
A DUI Less Safe charge generally alleges that alcohol, drugs, or another substance impaired a person's ability to drive safely. A driver may potentially face this charge even without a BAC result above the per se legal limit.
What is the legal BAC limit in Georgia?
For most drivers age 21 and older, Georgia's per se blood alcohol concentration limit is 0.08%. Lower limits apply to drivers under 21 and commercial drivers.
Can I fight a DUI charge if I failed field sobriety exercises?
Yes. Field sobriety evidence is only one part of a DUI case. Factors such as medical conditions, injuries, footwear, road conditions, weather, lighting, nervousness, and how the exercises were administered may be relevant when evaluating the results.
Can breath or blood test results be challenged?
Potentially. Depending on the circumstances, questions may arise regarding testing procedures, equipment, sample collection, storage, handling, analysis, or whether the evidence was lawfully obtained.
Can I be charged with DUI for prescription medication?
Yes. A person can potentially face a DUI charge involving prescription medication if the state alleges that the substance impaired their ability to drive safely. Having a valid prescription does not automatically prevent a DUI charge.
Will I lose my driver's license after a DUI arrest?
A DUI arrest can create driver's license consequences, but what happens depends on the circumstances of the arrest, testing or refusal issues, prior history, and other factors. License-related proceedings can also involve important deadlines, so it is important to address them promptly.
What are the possible penalties for a first DUI in Georgia?
A first DUI conviction can potentially involve jail time, fines, probation, community service, DUI education requirements, and driver's license consequences. The exact penalties depend on the circumstances of the case.
What happens if I have a prior DUI?
Prior DUI convictions can increase the potential consequences of a new charge. Repeat offenses may involve increased penalties and additional driver's license consequences, making it important to have the current case carefully evaluated.
Facing Criminal Charges?
Facing criminal charges can be stressful and overwhelming, but you don’t have to navigate the legal process alone. Contact Bair Wilson Sharma LLC for clear guidance and personalized representation focused on protecting your rights and future. Our multilingual attorneys serve clients in English, Spanish, French, Ukrainian, and Russian. Call 678-250-6095 today to speak with one of our criminal defense attorneys.