If I Refuse the Implied Consent and the State does not have a test result, can I still be charged with DUI?
- There are a variety of ways that someone can be charged with DUI in Georgia. If there is a test result of .08 or higher, and if you are 21 years old or older, then the State can charge with two counts of DUI – DUI Per Se (test result) and DUI Less Safe. If you are under 21 and your test result is .02 to .0799, then the State can charge you with two counts of DUI – DUI Under 21 Per Se and DUI Less Safe. If you are under 21 and your test result if .08 or higher, then the State can try to charge you with three counts of DUI – DUI Under 21 Per Se, DUI Per Se, and DUI Less Safe. If there is no test result due to a Refusal or circumstances that lead to the State not having a test result, then the State can still charge you with DUI Less Safe.
Am I required to take the Field Sobriety Evaluations?
- Field Sobriety Evaluations are voluntary; however, current law does not require officers to let you know that they are voluntary. In addition, if you refuse Field Tests, your refusal may be admissible and considered by the factfinder, but your refusal alone cannot support a conviction. If you submit to Field Sobriety Evaluations during a traffic stop in Statesboro, Bulloch County, Georgia, you need a qualified and experienced DUI Attorney who is familiar with the requirements that officers must meet when FSEs are performed. Joey Cowart has attended several training sessions in the area of DUI Detection and Standardized Field Sobriety Testing, and he is familiar with all of the requirements of the FSEs.
Can I be charged with DUI based upon my use of Prescription Medications even if I am taking them as prescribed?
- Law Enforcement Officers are attending more and more training regarding Driving Under the Influence of Drugs, including prescribed medications. In many locations, an officer who has been recognized as a “Drug Recognition Expert” may become involved in your arrest. However, do not be intimidated by such an “official” sounding designation as an expert. You should consult with an experienced DUI Attorney who understands the distinctions between DUIs based upon alcohol and drugs. Joey Cowart has interviewed numerous DREs, and he understands the issues involved in DUI cases involving Drugs.
Will I lose my driver’s license? If so, can I obtain a Limited Driving Permit?
- If you are convicted of DUI, then your driving privileges will be suspended. However, your age, your history, your BAC level (or Refusal), and/or the type of license that you possess will all determine the nature and duration of the suspension, along with the possibility of obtaining a Limited Driving Permit. In addition, if the arresting officer issues you a DDS Form 1205, your Driver’s License or privilege to drive may be suspended before any conviction in the Criminal matter. Indeed, your Driver’s License may be suspended before you even get to Court for your Arraignment if a 1205 is issued to you and you do not take appropriate action with the State of Georgia within the prescribed period.
Can I ever have a DUI conviction removed from my criminal record?
- If you are convicted of DUI, under current Georgia law, the conviction will remain on your criminal record until the end of time. Therefore, you should consider consulting with an experienced DUI Attorney such as Joey Cowart in Statesboro, Bulloch County, Georgia so that your case can be analyzed and defended aggressively in hopes of avoiding a conviction.
What guarantees do you make if I hire you?
- Just one – that I will tirelessly work and aggressively defend you in an effort to place you in the best position that I can possibly place you by the end of the case. In order to establish a defense that is most likely to be successful, a DUI Attorney should evaluate all aspects of your case from the basis of the stop to Probable Cause for your arrest to Implied and Actual Consent for testing to issues regarding the breath/blood/urine test. Joey Cowart of Statesboro, Bulloch County, Georgia has reviewed thousands of DUI Reports and Videos, and he knows what to look for in your case to achieve the best result possible.
What are the possible punishments if I am convicted of DUI?
- If you have a history of DUI convictions, or if your present DUI has additional aggravating circumstances, your present DUI could very well be a Felony or support a Felony charge. However, if that is not the case, then your DUI will be treated as a misdemeanor. General misdemeanors are punished by up to 12 months in Jail and/or $1000 in base fines. Of course, your history may cause your current DUI charge to be a High and Aggravated Misdemeanor, in which case your punishment could be up to 12 months in Jail and/or $5000 in base fines. There are certain minimum punishments for DUI convictions, with those minimums depending upon your history and possibly the level of your BAC (if you are under 21). As you can tell, you need to consult an experienced DUI Attorney who can give you an idea of the punishment to expect in your case. Joey Cowart in Statesboro, Bulloch County, Georgia has knowledge of the DUI Laws and the Courts in Southeast Georgia so that he can advise you of the general expectations if convicted of DUI.
