Athens DUI Attorney

Proactive & Aggressive Defense for DUI Charges in Clarke County

Are you concerned about how a drunk driving charge could affect your license, employment, or educational opportunities? The legal system moves quickly, and you need an experienced advocate in your corner immediately. Athens criminal defense lawyer J. Lee Webb has dedicated his career to defending the accused and believes everyone is entitled to a powerful legal defense. He will stop at nothing to ensure that is exactly what you receive.

For years, the Law Offices of J. Lee Webb has successfully navigated clients through the most complex DUI cases in Clarke County and the surrounding areas. We understand the local courts, the prosecutors, and the specific challenges of defending a DUI in a university town.

Facing DUI charges in Athens? For a free consultation and to learn more about our affordable payment plans, contact an experienced Clarke County DUI defense lawyer from our firm at (706) 705-5122.

Understanding DUI Charges in Georgia

In Georgia, “Driving Under the Influence” is a serious offense that can be charged in multiple ways, often leading to a person facing several charges from a single arrest. It's crucial to understand the distinction.

• DUI “Less Safe” (O.C.G.A. § 40-6-391(a)(1)): This is the most common type of DUI charge. The prosecution does not need to prove your Blood Alcohol Content (BAC) was over a specific limit. Instead, they must prove you were a “less safe” driver as a result of consuming alcohol, drugs (prescription or illegal), or even toxic vapors like paints or glues. This is a subjective standard, making it highly contestable by a skilled attorney.
• DUI “Per Se” (O.C.G.A. § 40-6-391(a)(5)): This is a more straightforward charge. If a chemical test (breath or blood) shows your BAC is 0.08% or higher (for adults 21+), you are considered “per se” under the influence, regardless of how safely you were driving.

Our firm is deeply familiar with the complexities of defending against all types of DUI charges, including those involving marijuana, prescription drugs, and alcohol. We tailor our legal strategy to the unique facts of your case to build the strongest defense possible.

Georgia's Zero-Tolerance Underage DUI Laws (Under 21)

For students and other young people in Athens, the consequences of a DUI are especially harsh. Georgia enforces a strict zero-tolerance policy for drivers under the age of 21.

The legal BAC limit for an underage driver is just 0.02%. A single beer can easily put a young person over this limit, leading to a DUI Less Safe conviction. In addition to DUI charges, an underage driver often faces a separate Minor in Possession (MIP) charge for consuming alcohol.

The consequences can be devastating for a young person's future:

• Suspension of your driver's license.
• A criminal record that cannot be restricted or expunged in Georgia, potentially impacting college admissions and job applications.
• Potential loss of scholarships, including the HOPE Scholarship.
• Mandatory DUI school (Risk Reduction Program) and community service.

At the Law Offices of J. Lee Webb, we handle these sensitive cases with the care they deserve. We work with students and their families to navigate the court system, address the immediate legal crisis, and mitigate the long-term consequences.

The DUI Stop: Challenging Field Sobriety & Chemical Tests

After pulling you over, an officer will likely ask you to perform a series of tests to gauge your level of impairment. The results of these tests are often the prosecution's primary evidence, but they are far from infallible.

Challenging Field Sobriety Tests (FSTs)

You are not legally required to submit to roadside field sobriety tests. Results of these tests are not scientific proof of intoxication but divided-attention exercises designed for you to fail. The three standardized tests approved by the National Highway Traffic Safety Administration (NHTSA) are:

1. Horizontal Gaze Nystagmus (HGN): An eye test where the officer looks for involuntary jerking.
2. Walk and Turn: Walking nine steps, heel-to-toe, turning and returning.
3. One-Leg Stand: Balancing on one leg for 30 seconds.

Even NHTSA's own research shows these tests are only 79-88% accurate under ideal conditions. An experienced attorney can challenge FST results based on officer error, improper instructions, poor lighting or surface conditions, or your personal medical history.

Implied Consent and Chemical Breath & Blood Tests

Under Georgia's Implied Consent law, you are required to submit to a state-administered chemical test (typically breath or blood) after a lawful arrest. Refuting this test has immediate and serious consequences.

• Refusal: If you refuse the state's test, your license will be automatically suspended for one year, with no possibility of a limited permit. The fact that you refused can also be used against you in your criminal case.
• The 30-day Warning: Whether you refuse the test or take it and register a BAC over the legal limit, the officer will typically issue a DS-1205 form or electronic equivalent. This form acts as a temporary driving permit and a notice of suspension. You have only 30 calendar days from your arrest to file an appeal of this administrative license suspension or install an ignition interlock device. Failure to act within 30 days results in the automatic loss of your driving privileges.

This 30-day deadline is critical. Contacting the Law Offices of J. Lee Webb immediately allows us to file the necessary appeal to protect your right to drive while we build your criminal defense.

Penalties for DUI Conviction in Georgia

Georgia state law establishes different penalties for each DUI conviction, meaning with each subsequent conviction, the potential legal penalties increase. The specifics of your case, as well as any prior DUI convictions, will determine how aggressive the prosecutor is in seeking a conviction and punishment. Penalties range from fines and jail time to mandatory education programs and license suspensions. Understanding these penalties thoroughly can help prepare your defense strategy significantly and give you an advantage in court.

1st Offense DUI

If you are convicted of your first DUI charge, you could face:

• 24 hours to one year in jail
• $300-$1,000 fine, plus surcharges
• up to one year driver's license suspension
• minimum of 40 hours community service
• DUI school

2nd Offense DUI

If you are convicted of your second DUI charge, you could face:

• three days to one year in jail
• $600-$1,000 fine
• minimum of 240 hours community service
• (If 2nd in a 5-year period) up to three years driver's license suspension
• possible requirement for installation of an ignition interlock vehicle device
• potential surrender of tags to any vehicles you own
• picture in the paper

3rd Offense DUI

If you are convicted of your third DUI charge, you which is considered a “High and Aggravated Misdemeanor”, you could face:

• 15 days to one year in jail
• $1,000-$5,000 fine
• up to five years driver's license suspension
• mandatory installation of an ignition interlock vehicle device

If convicted of a DUI, even for a first offense, you will quickly learn that legal penalties are not the only negative consequences you may encounter. A criminal conviction could result in losing your job or having trouble finding employment in the future. For students, a conviction may lead to a loss of your H.O.P.E. scholarship. In Athens, where community and educational opportunities are valued, these repercussions are particularly severe, warranting a responsive and strategic legal defense.

Protect Your Future with an Experienced Athens DUI Defense Lawyer

When you are facing a DUI charge, you need more than just a lawyer; you need a strategist. At the Law Offices of J. Lee Webb, we are dedicated to providing the aggressive and intelligent defense you deserve.

When you choose our firm for your DUI defense, you can expect us to:

• Act Immediately to meet the 30-day license suspension appeal deadline.
• Thoroughly Investigate every detail of your arrest, from the legality of the traffic stop to the calibration of the breathalyzer.
• Develop Strategic Defenses tailored to the specific facts of your case.
• Provide Clear Communication and guidance throughout the entire legal process.
• Fight for Reduced Charges, alternative sentencing, or a full acquittal at trial.

Don't wait to seek legal representation for your DUI case. The decisions you make in the first few days can have the biggest impact on your case. Schedule a free consultation with our Athens DUI attorney today and take the first step towards protecting your future. Our consultations are geared towards assessing all possible defenses and clarifying any misconceptions about the legal process, providing an invaluable resource as you consider your defense options.

If you have been charged with DUI in Clarke County or the surrounding areas, contact our DUI defense attorney in Athens to set up a free case evaluation. Call (706) 705-5122 today.

Frequently Asked Questions

How Long Does a DUI Stay on My Record in Georgia?

In Georgia, a DUI conviction remains on your criminal record indefinitely. Georgia law does not allow for restriction (formerly called expungement) of DUI convictions, underscoring the long-term impact such charges can have on your life. This permanence affects many aspects, from insurance rates to employment opportunities. At Law Offices of J. Lee Webb, we focus on reducing charges and exploring every legal avenue to minimize the lasting effects of DUI on your record.

What Happens If I Refuse a Breathalyzer Test?

Refusing a breathalyzer test in Georgia triggers immediate administrative penalties, including a one-year license suspension under the state’s implied consent laws. However, refusal can also be used as evidence against you in court. It's crucial to contact a DUI defense attorney immediately if you refuse testing to explore options that might mitigate these consequences. Our team at Law Offices of J. Lee Webb is experienced in navigating the complexities of implied consent laws to provide the best defense strategies for such situations.

Can I Be Charged with a DUI on Private Property?

Yes, in Georgia, DUI laws apply broadly, including private property. This means you can be charged with a DUI even if you're not driving on public roads. Any area that is accessible to the public falls under the jurisdiction of DUI statutes. Therefore, understanding the scope of DUI laws is critical, and having a knowledgeable attorney to navigate these charges is imperative. At Law Offices of J. Lee Webb, we provide the insights and defense necessary for such unique legal challenges, ensuring you understand both your rights and the broader implications.