Tel: 678.671.3939
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- All Georgia State and Superior Courts
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Georgia DUI Defense Attorneys

We Are Aggressive and Thorough

If you have been charged with DUI in Atlanta, Fulton, DeKalb, Clayton, Coweta, Fayette or anywhere else across Georgia, you need the services of an attorney who handles DUI cases on a regular basis. At the Law Office of Skyler A. Taylor, P.C., we are extremely thorough in the preparation of each case and we are relentless in the pursuit of vindication for our clients. We understand that the consequences of a DUI conviction are far and wide so we are aggressive against the opposition. We have experience successfully representing clients and we are ready to defend you in your DUI case.

Our Strategies Are Your Best Defense

At the Law Office of Skyler A. Taylor, P.C., a Georgia DUI defense law firm, we aggressively defend DUI charges both in court and at the administrative license suspension hearings, by strategizing with clients to develop an effective defense. We want to know why the police stopped your car, how well you performed on the field sobriety evaluations, whether the officer properly and timely informed you of your rights regarding the state administered chemical test of your blood, breath, urine or other bodily substance. We specialize in developing a defense to DUI charges relying on the Intoxilyzer 5000 breath test results by making sure the test was done in accordance with state and local protocols and laws. Our law firm’s aggressive approach helps uncover serious issues with a case such as the officer lacking reasonable articulable suspicion of criminal activity to pull you over, the HGN evaluation (eye test) not being properly administered, the Intoxilyzer 5000 malfunctioning, and the improper collection/preservation of evidence before, during and after a DUI arrest.

One DUI Arrest - Two DUI Cases

Whether it be in Atlanta, Fulton, DeKalb, Clayton, Coweta, Fayette or anywhere else across Georgia, a DUI arrest can often times result in the commencement of two different DUI-related cases against you: the criminal case; and, the administrative license suspension (ALS) case.

The ALS case is started when the officer takes your license following the arrest and alleges that you either refused to take the state administered chemical test (at the jail or hospital/clinic) or that you did take a state test and were over the .08 BAC legal limit. In exchange for your license, you are given a yellow form that acts as a TEMPORARY driving permit for thirty (30) days. This document is known as the “1205 form” and replaces your hard, plastic license.

If you are issued the 1205 form, you have ten business days from the date on that form to file a detailed written request for a hearing before an administrative law judge. Georgia law now requires that you submit a payment of $150.00 with your written request. The hearing is typically held within forty-five (45) to seventy-five (75) days. At the hearing, the judge will rule on whether or not you refused to take the test, or, if you did take the test, whether or not the results were above the .08 legal limit. The issue is NOT if you are guilty of DUI. The police are generally not represented by an attorney but only need to prove the case by a preponderance of the evidence. This burden of proof is far lower than the criminal case standard of “beyond a reasonable doubt” which makes it much easier for the police officer to win at the ALS level.

Depending upon the specific details of the case and of your DUI history, the consequences for a loss at the ALS hearing can be anywhere from a limited permit and then full reinstatement of driving privileges after thirty (30) days, all the way to a “hard” (no permit) multi-year suspension.

The criminal case is started just by being arrested. Following being taken to jail, the officer will send certain arrest documents to the Court and official charges will almost definitely be filed against you. Depending upon where you were arrested, the case could take anywhere from weeks to years before it is finally resolved. The burden of proof in the criminal case is “beyond a reasonable doubt” and the penalties are far more severe than at the ALS hearing. An individual with a DUI charge is facing up to a year in jail and up to a $1,000.00 fine. In addition to this, the law requires probation, community service and a host of other requirements. The criminal case can also suspend your license, have long term insurance increases and impair your ability to travel freely.

A DUI arrest in Georgia is serious. A proper DUI defense is asserted aggressively and immediately by an attorney who regularly handles Georgia DUI cases.

One DUI Arrest – Multiple DUI Criminal Charges

One DUI arrest can lead to multiple DUI criminal charges because Georgia law affords the prosecution the ability to try and convict a defendant in different ways. The most common scenario is a DUI arrest which results in two DUI citations: one for DUI per-se; and, one for DUI less-safe. This situation is typically encountered when an individual is arrested for DUI based upon alcohol consumption and the individual takes the state administered breath test at the jail with the result of a BAC over the legal limit of .08. This allows the prosecution to charge DUI per-se, which alleges that the individual had a BAC over .08 based solely on the results of the breath test. What many drivers in Georgia do not realize is that the prosecution can also charge a person with DUI even without the test result. This is known as the DUI less-safe charge and it is based upon the contention that, generally, the driver was less safe of a driver because there was something in his/her system than he or she would have been had he/she not had anything in his/her system. This type of DUI charge allows the prosecution to charge a driver with DUI even if the driver does not take the state administered chemical test. Practically, what this means is that if you become “knee walkin’ drunk” at the point of your BAC being a .079, although this is below the legal limit of .08, you can still be arrested, charged and convicted of DUI. What this also means is that if you have a couple of glasses of wine with dinner, forget to put your blinker on when turning into your driveway and then don’t perform well on the field sobriety evaluations for any number of non-impaired related reasons, you could end up in the back of a squad car and then in court fighting to clear your good name.

There are other types of Georgia DUI charges which are based upon the alleged impairing substance. No matter how many charges there are for a single arrest, generally, when the defendant enters a plea of guilty or nolo or is convicted following a trial, all of the DUI charges “blend” together for sentencing purposes. There are some exceptions, such as endangering a child by DUI, so it is important that a lawyer looks at your DUI charges quickly and closely. In any event, all DUI charges need immediate and aggressive representation by an attorney who regularly handles Georgia DUI cases.

P.O. Box 2713, Peachtree City, GA 30269-0713
Tel: 678-671-3939 / Fax: 678-671-3940
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Located in Peachtree City, Georgia, the personal injury law firm of Skyler A. Taylor, P.C. serves Metro Atlanta and surrounding areas, including Fulton County, Dekalb County, Clayton County, Cobb County, Gwinnett County, Henry County, Fayette County, Coweta County and the cities of Newnan, Jonesboro, McDonough, Stockbridge, Conyers, Covington, Atlanta, Decatur, Marietta, Norcross, Riverdale, Doraville, Stockbridge, Fayetteville, Macon, Athens, Rome, Augusta, Savannah, Columbus, and Albany.
Disclaimer: The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, e-mails, contact forms, case evaluation forms, receipt of any information or e-mail from our website, or other communications should be construed as legal advice for any individual case or situation, nor the formation of an attorney-client relationship.
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