Gwinnett County DUI Lawyer
Speak with a trusted DUI Lawyer in Gwinnett County.
An Attorney can be the key to maintaining your driver’s license and your freedom if you are charged with a DUI in Gwinnett County, Georgia. Learn how a reputable attorney can help if you are facing this tough situation.
Author: Philip Kim, Founder, Philip Kim Law, P.C.
Defense attorney Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.
Published on August 28, 2019, last updated on December 17, 2019.
Gwinnett County DUI Attorney
An arrest for driving under the influence of alcohol or drugs can be a demanding circumstance. Although a person charged with a DUI retains the right to represent their best interest in court, it is crucial to hire an attorney as soon as possible. A conviction will cost you thousands of dollars in fines, surcharges, and increased insurance rates. Furthermore, you will lose your driving privileges and may even have to spend time in jail. An attorney can offer the legal counsel and case management experience required to minimize the potential legal penalties resulting from a DUI charge as much as possible.
At Philip Kim Law, P.C., we know how to fight DUI charges and have a proven record of success defending clients in Lawrenceville, throughout Gwinnett County, and across surrounding areas. Read on to learn more about how the attorney at Philip Kim Law can help you if you are facing DUI charges.
DUI Lawyer Gwinnett County Benefits
One of the most valuable attributes that a skillful attorney has to offer is peace of mind to the accused. A criminal defense attorney with a strong background in DUI defense has a detailed understanding of the Gwinnett County justice system needed to manage every step of the legal process. An experienced defense attorney can figure out the weak points and strengths of the case to determine the most effective approach to gaining ground in a defense.
Gwinnett County DUI Lawyer Philip Kim knows how to fight drunk driving charges. He thoroughly examines all elements of a case, including the stop, field sobriety test, implied consent notice, breath test, arrest, and other evidence to find weaknesses in the state’s case.
We handle all types of DUI defense cases, including:
- Second and subsequent offenses
- DUI involving illegal and prescription drugs
- Felony DUI
- DUI assault and manslaughter
- DUI under 21
Contact DUI Lawyers in Lawrenceville GA
Georgia DUI laws prohibit drunk driving or being in the control of a vehicle with a blood alcohol concentration (BAC) over the legal limit. For adult drivers, the legal limit is 0,08%, 0,04% if the driver is operating a commercial vehicle, or 0,02% if the individual is under 21 years old. You can’t be under the influence of any drug, controlled substance, or have any amount of marijuana or illegal drugs in your blood or urine.
If you have been pulled over by the police under suspicion of driving under the influence, you may be asked to submit to field sobriety tests. The Gwinnett County police officer may also ask for a blood test or some other state administered chemical test such as a urine test.
Usually, field sobriety tests include following an object with your eyes, standing on one leg, and walking in a straight line. However, since field sobriety tests are not scientific, but based on a personal opinion of an arresting officer, most Gwinnett County DUI attorneys will advise you to decline taking them. Also, these tests are not correlated to how much blood alcohol level the driver has.
Declining to submit to a field sobriety test will not result in getting your license suspended, as refusal to submit to a chemical test would.
A first time DUI charge is a misdemeanor in Gwinnett County, Georgia. The judge can sentence you to up to 12 months in county jail, or on Gwinnett County probation in addition to a hefty fine and community service. In addition, the offense will stay on your criminal record for several years. This is why if you have been charged with DUI or driving under the influence of alcohol or drugs, it is necessary to work with skilled Gwinnett County DUI lawyers who have an extensive understanding of DUI Law in the State of Georgia.
Research suggests that people who hire an attorney immediately after being arrested for DUI typically accomplish a more effective result. This is due to the fact that the lawyer has extensive experience in negotiating with the prosecutor. If the breath test reveals to be 0.09, and the field sobriety test is inconclusive, the district attorney may be encouraged to decrease the charge of a basic to a lower offense, potentially negligent driving. This type of charge would carry a sentence that is far less extreme than a DUI charge, resulting in less severe legal penalties.
What Penalties Could You be Facing?
After a DUI conviction, a judge will decide about the jail time and the fines. There are statutory guidelines which determine penalties that can be imposed, based on the number of previous DUI convictions. DUI offender has to spend at least 24 hours in jail for a first offense, 72 hours for a second offense, and 15 days in jail for a third DUI offense.
However, for the first offense, you could spend from 10 days up to 12 months in jail, pay up to $1,000, and do community service. For every subsequent offense, the penalty includes more jail time and harsher fines. If drunk driving charges include transporting a minor, the driver can also be charged for child endangerment. This separate offense will add up to 12 months in jail and up to $1,000 in fines to other DUI penalties.
A driver’s license is suspended for up to 12 months for a first DUI offense, and up to three years for a second if these offenses occur within 5 years. Drivers who get a second conviction within 5 years have to surrender all license plates on vehicles registered to the offender. He or she will not get them back until their driver’s license is reinstated. For a third DUI conviction within five years, the driver faces a permanent driver’s license revocation.
In Georgia, you have 10 days from the date of your arrest to appeal to your driver’s license suspension. We can act swiftly on your behalf to help you avoid a suspension, apply for a conditional license, or otherwise mitigate the situation. Our Gwinnett DUI law firm provides full-service defense representation, protecting our clients’ rights in criminal proceedings and administrative issues. Beginning this process immediately after an arrest will ensure the best possible outcome so you can secure your rights, freedom, and future with an effective defense.
Through comprehensive legal representation, a skilled attorney offers a range of defense options. Contact a Gwinnett County DUI Lawyer from Philip Kim Law today for effective representation.
Expert Counsel for DUI in Lawrenceville GA
DUI Drugs Lawyer
Driving under the influence laws do not only cover DUI of alcohol. In Georgia, a person is considered to be driving under the influence of drugs if he or she is impaired by any drug, including prescription drugs they are using legally. When it comes to illegal drugs, Georgia has a zero-tolerance policy. A person with any amount of marijuana, cocaine, heroin, methamphetamine or another illegal drug in their system is also guilty of being under the influence of drugs.
Remember, the fact that you have a prescription for OxyContin, Valium, Ambien, Percocet or any other prescription drugs may not be a defense against DUI drugs. The important fact is whether or not the drug makes you incapable of driving safely. Nonetheless, there are proven defense strategies we can use on your behalf to defend you against these charges.
Gwinnett County attorney Philip Kim will explore all viable defense strategies to fight your drug charges, including challenging the validity of the stop, the arrest, blood tests, and other elements of Gwinnett County police department procedure. If your constitutional rights were violated at any point in the arrest or prosecution, evidence could be deemed inadmissible in court.
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First-Time DUI Charges FAQ
After a first DUI arrest, you probably have questions and may be scared about what will happen. Even as a first-time offender, the consequences for a DUI are severe, and will be on your background checks and criminal history. At Philip Kim Law, we know that you are under pressure. We want to answer all your questions, whenever you have them, and we are committed to giving you honest, clear answers you can use.
Will I Go To Jail?
Whether or not you go to jail related to a first-offense charge will depend on your judge and the case that is made before the court.
For a first-time offender, you may be subject to a full year in prison. Many DUI cases will resolve with time served and probation. But, the more severe your case, the more likely you are to spend time in jail. An outspoken and skilled defense may make all the difference.
What Will Happen To My License?
In Georgia, you must file for a license suspension appeal within 10 days of your arrest if you refuse chemical testing.
If your license is suspended, it may be subject to suspension for up to a full year. There are some options available for limited licenses or reinstatements in some cases. Based in Lawrenceville, attorney Philip Kim is familiar with these options and can help you regain your independence.
What Kinds Of Fees Will I Be Charged?
The fine for a first-time DUI is between $300 and $1,000 and does not include fees for rehabilitation or any court-mandated courses or substance abuse counseling.
What If I’m Under 21 Years Old?
Your penalties may vary based on age. Juvenile charges for DUI can have significant impacts on a young person’s life, but you don’t have to go through it alone. Please call us with more details about your or your child’s cases.
What Are My Options?
Speak with an attorney by contacting us online or by phone at (678) 273-3500.
Questions about DUI in Gwinnett County?
Gwinnett County Drivers License Suspension
Imagine this: Your partner is at work. You’ve got a call from your children saying they have missed the bus. You can’t go pick them up because your license is suspended. You scramble to find alternative ways to get them home, but cannot help being frustrated. In this area, you need a car to get around, and you just don’t have the mobility you need to live your life.
Will you lose your license after a DUI? Punishments in these cases are increasingly severe, which means the answer is usually yes. In Georgia, including Gwinnett County, a law enforcement officer can petition the Department of Driver Services to suspend your driver’s license if he or she places you under arrest, reads Georgia implied consent notice, and you either refuse to submit to the requested sample of your blood, breath, or urine, say nothing, or present a sample that is positive for alcohol at a level over 0.08, or shows the presence of drugs. He or she must then issue a DS-1205 form to you, which will state the reason for the license suspension and inform you of your legal right to appeal the suspension.
This form also serves as a 45-day temporary permit. Within those 45 days, you will have two options to proceed: request a hearing or apply for an ignition interlock device limited permit through the Georgia Department of Driver Services. If you do nothing, your Georgia driver’s license will be suspended at the end of the 45-day period. In cases when your license is suspended, your driving privilege is temporarily withheld for a specific period of time.
Help with License Suspension in Gwinnett County
Gwinnett County DUI Court
In cases following an arrest, you may be required to attend Gwinnett County DUI Court in Georgia, a three-phase intervention program that lasts a minimum of 12 months.
Each phase of the program encompasses educational and vocational components along with substance abuse treatment, all with judicial oversight, providing intervention, and serving as an alternative to incarceration. The goal of this court is to provide participants with a solid foundation to build upon to become a more productive member of the community. This program is challenging and must never ever be participated in without very first taking a look at every choice in your case.
What Happens After Gwinnett DUI Arrests
During plea bargaining in some DUI cases in Gwinnett County, the possibility of the court might be discussed if you have numerous offenses relating to drugs and/or alcohol, and you reside in the state or county where the charges come from. The Court system can not require you to enter a Court program. It is instead something that you consent to, and it is a treatment strategy that you remain in following your conviction, as a probation term.
A lot of DUI courts in Georgia are set up into a series of stages, with the first stage being the most rigorous. After that, court participants are gradually moved up until they reach a graduation date around one year into the program.
The first stage of this court often consists of the following: weekly appearances in court, drug/alcohol screening, and counseling on both a group and private level. Normally individuals are made to sign a fourth amendment waiver granting Court workers complete access to their home and property at all times. If any drugs or alcohol are discovered, that is an infraction, which is often followed by an immediate arrest.
It’s important to note that the DUI Court Program in Georgia is highly intensive and is not the right choice for everybody. If you fail to do what you are instructed to, you may face the consequences varying from extra community service to jail time.
Consult Gwinnett County DUI Lawyers
One of the DUI court program’s benefits is that it provides a treatment choice for repeat transgressors that can be utilized in lieu of a lengthy jail sentence. The problem, however, is that these programs are challenging and have little room for versatility. If you travel for work or live in a roommate situation, it is almost impossible to effectively adhere to the program’s strict requirements.
You should never make the decision to sign up with the Georgia DUI court unless you have hired an attorney to examine all possible options and a defense strategy. To assess whether this court is the right option in your case, contact our Gwinnett DUI lawyer today.
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How is the DDS Gwinnett Involved in DUIs?
If you have been charged with a DUI in Georgia, you may need to attend a Gwinnett County DUI school, formally called the DUI, Alcohol or Drug Use Risk Reduction Program. This school is an intervention program legally required for people convicted of a DUI and is regulated by the Department of Driver Services (DDS).
Gwinnett County DDS
Although the threat of having to attend the school following a conviction may not sound too bad, there are many reasons to hire a Gwinnett County DUI lawyer to help fight these charges and organize your defense. Regardless of whether you attend a rehabilitation or risk reduction program, a DUI conviction will stay on your criminal record for up to 10 years, possibly impacting your ability to obtain a job, find a place to live, or attend an educational institution. You will also likely lose your driving privileges until you complete the education course, which can significantly impact your freedom.
Whether this or your first or third charge, the Gwinnett County DUI attorney at Philip Kim Law have the experience and knowledge to represent you in court and fight for your legal rights. Most Gwinnett County DUI cases are heard in Gwinnett County Recorder’s Court. However, since this court doesn’t conduct jury trials, your DUI case may end up being transferred to the Gwinnett County State Court.
After a DUI arrest, your case will begin in a Municipal Court or the Gwinnett Recorder’s court. A Gwinnett County DUI case will usually require several court appearances. Not understanding or having the knowledge of court procedures can affect the outcome of your DUI case.
If you request a jury trial, the Gwinnett County Solicitor’s Office will be responsible for the prosecution of your case. However, saving your right to a jury trial may, in some cases, be the best option if your DUI attorney can’t negotiate an acceptable resolution.
A Gwinnett County DUI prosecutor will not tell defendants which options would be best for their DUI cases; that is why having skilled Gwinnett County DUI attorneys in their corner is crucial.
DUI defense attorneys at Philip Kim Law know the players and the processes at the Gwinnett County Courts in Georgia, so you won’t go through your legal fight and defense alone.
Trusted Georgia DUI Defense
Gwinnett County DUI School
A legal benefit of DUI school is that it can help you regain full driving privileges. Under Georgia Law, drivers charged with DUI must attend a Risk Reduction Program to be eligible for driver’s license reinstatement.
DUI School Lawrenceville Course Types
The DUI, Alcohol or Drug Use Risk Reduction program consists of two components: an intervention component and an assessment component, both of which must be completed successfully for the offender to obtain a certificate of completion. The total cost of the course is set by law at $355.
The type of course you attend may vary based on the number of DUI offenses. Most first-time offenders in Georgia will need to take a standard 20-hour DUI education class, while most second-time offenders in addition to first-time offenders with aggravating circumstances may need to complete a level 2 DUI education class. Those who have been classified as habitual offenders may need to complete a level 3 DUI education class.
DUI Schools in Lawrenceville GA
If you are looking for a DUI school in Lawrenceville or elsewhere in Gwinnett County, Gwinnett DUI attorney at Philip Kim Law suggests contacting one of the certified DUI schools listed here.
With effective representation, your DUI charge may not result in a conviction. Even if the Gwinnett County police claim to have a strong case against you, there are proven defense strategies a skilled lawyer can use on your behalf. To learn how a Gwinnett County DUI attorney in Georgia can help you, please contact us online or by telephone at (678) 273-3500 to schedule a free consultation.