Suwanee GA DUI / DWI Blog

Friday, November 8, 2019

Appealing Your DUI Conviction

What are the grounds for a successful criminal appeal in Georgia?

In the state of Georgia, over 20,000 people will typically be convicted of a DUI each year, as reported by the Georgia Department of Driver Services. At times, a guilty verdict can be handed down to even defendants with the best lawyers or evidence in their favor. You cannot control the outcome of a criminal case, and justice is not always served. Recognizing that trial courts do not always get it right, our legal system offers the appellate process, whereby defendants can appeal their conviction and potentially achieve a reversal of the case.  Appealing your DUI conviction can be a lengthy process, but it could potentially remove the conviction from your permanent record and erase the sentence you are serving.
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Wednesday, October 16, 2019

Felony vs. Misdemeanor DUIs in Georgia

Is a first time DUI a misdemeanor in the state of Georgia?

There is much confusion surrounding whether a DUI in the state of Georgia is classified as a felony or misdemeanor.  The distinction is critical because these two crimes are punished quite differently. A misdemeanor is typically punishable by one year in jail or less.  Penalties will likely include substantial fines and any time spent behind bars will typically be in a local county jail, rather than a high security prison.  Felonies, on the other hand, are considered any crime punishable by death or imprisonment of over 12 months, per Georgia law.
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Wednesday, October 9, 2019

Felony DUIs in Georgia

When does a DUI become a felony in the state of Georgia?

Most DUI offenses in Georgia are misdemeanors, but aggravating factors can escalate a DUI to a felony DUI offense. Misdemeanors, while still serious crimes, are punishable by fines and typically less than one year in jail.  Felonies, on the other hand, can be punishable with substantial fines and prison time exceeding one year. In addition to the difference in the length of jail time, felonies come with more severe long term repercussions. A felony conviction will result in the loss of your right to vote and purchase a firearm.
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Friday, September 13, 2019

Punishments for Drugged DUI Convictions

What is the penalty for driving while under the influence of marijuana in Georgia?

Drug use has skyrocketed in recent years. A recent survey by the Substance Abuse and Mental Health Services Administration revealed that more than 30.5 million Americans used drugs in the past month. Drug use has further become the leading cause of disability in the U.S.
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Tuesday, September 10, 2019

What to Say If You Are Stopped for a DUI

Do I legally have to answer questions asked by the arresting police officer?

If you have been stopped on suspicion of a DUI, you may understandably be feeling stressed and rattled.  It is easy in a state of heightened awareness to say things that you later regret or perhaps to shut down entirely.  Unfortunately, for some people stopped on suspicion of a DUI, their verbal blunders may land them in the back of a police car being arrested for a DUI.
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Monday, August 12, 2019

Underage DUIs in Georgia

What Are the Penalties for a DUI Conviction If I Am Under the Age of 21?

Young people tend to make mistakes, and most end up learning from them. However, some mistakes can cost teens and youths greatly and potentially have a negative influence on their life and future. The state of Georgia has taken a tough stance on underage drinkers who get behind the wheel. Just one time driving drunk could result in loss of your license, fines and fees, and other related penalties.Our Atlanta underage DUI defense attorney discusses the penalties for driving drunk if you are below the drinking age and how a DUI could impact your life.
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Friday, August 9, 2019

The Cost of a DUI Lawyer

How much should I expect to pay to defend against my DUI charge?

If you have been arrested for a DUI, you will need to retain the representation of an experienced criminal defense lawyer. In the state of Georgia, being convicted of a DUI could cost you greatly.
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Friday, July 19, 2019

The Impact of a DUI on Your Life

Will a DUI conviction be visible to my employers?

Being convicted of a DUI could result in jail time, costly court fees, and loss of your driver’s license for potentially several months or longer.  In addition to these penalties that most of us recognize, some people charged with a DUI overlook the other collateral penalties that will accompany a DUI conviction.  A DUI conviction in the state of Georgia can become part of your permanent criminal record. This means that even years from now, that DUI conviction could continue to impact your life and livelihood. Given the serious and ongoing nature of DUI penalties, it is critical that you fight the charge you face with the help of an
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Tuesday, July 16, 2019

Miranda Warnings in DUI Cases

Will statements I make during a DUI arrest be used at trial?

In the seminal case of Miranda v. Arizona, the United States Supreme Court held that suspects being detained must be informed of their rights before being subjected to police interrogation.  Your Miranda rights are said to stem from the Constitution’s Fifth Amendment, which provides that suspects have a right against self-incrimination, along with the Sixth Amendment which solidifies that right of a criminal defendant to have an attorney. If you have been
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Thursday, June 27, 2019

Preserving Your License After a DUI Arrest

Will my license be suspended if I refuse to submit to a breathalyzer test?

For most of us, it is difficult to imagine our lives without being able to drive. In Georgia, with limited public transportation options in some areas, many of us rely on our vehicles to travel daily to work, school, the grocery store, visit friends and family, and many other destinations. Without a valid driver’s license, it could become difficult to maintain your career, keep your children in school, and simply survive. If you have been arrested for a DUI, there is a very real possibility that you could be facing suspension of your driver’s license.

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Monday, June 24, 2019

GA High Court Rules Refusal to Take Breathalyzer Cannot Be Used in Court

How has the Georgia Supreme Court’s ruling affected DUI defense?

Recently, the Georgia Supreme Court issued a critically important decision in the field of DUI law.  The Georgia high court held that a driver’s refusal to take a breathalyzer test cannot be admitted against the defendant in criminal court.  Previously, a driver’s refusal to take the test was commonly testified to in court as evidence of his or her guilt.  In reviewing the issue, the Supreme Court found that using a driver’s refusal to take the test against them was a violation of the Georgia Constitution’s rule against self-incrimination.  Further, the court reaffirmed a previous ruling holding that it is unconstitutional to force drivers to take a breathalyzer.
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The Law Office of Carter Pilgrim Stroud is located in Suwanee, GA and serves Gwinnett County, Forsyth County, Cumming, Buford, Lawrenceville, Braselton, Alpharetta, Johns Creek, Duluth, Norcross, Hoschton, Jefferson, Commerce, Dawsonville, Gainesville, and other surrounding areas.

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3725 Lawrenceville-Suwanee Rd., Suite A-4, Suwanee, GA 30024
| Phone: 770-284-1319

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