28,035 DUI ARRESTS IN GEORGIA IN YEAR 2015
You need an attorney as soon after an arrest as possible to preserve your rights. Your call to our office will be answered 24 hours a day, 7 days a week.
OUR EXPERIENCED ATLANTA DUI LAWYER:
- Extremely high success rate
- Representation in all court proceedings
- DUI Trial Attorney of the Year on your team
- Communicate directly with your attorney
- Statewide coverage throughout Georgia
SPEAK WITH AN ATLANTA DUI LAWYER TODAY:
- Full case consultation FREE of charge
- Avoid the Georgia “30 Day Rule”
- Be informed of your rights and responsibilities
- Flat rate representation
- We accept payment plans
REPRESENTING CLIENTS THROUGHOUT GEORGIA FOR OVER 15 YEARS
Kozycki Law has a strong focus on Georgia DUI defense, with a proven record of success. Atlanta DUI lawyer, Rebecca Kozycki, won the award of 2013 Top Georgia DUI Trial Attorney by the Georgia Defense of Drinking Drivers organization. She is also certified by the National College for DUI Defense, held at Harvard Law School in Cambridge, Massachusetts. Rebecca was recognized by Atlanta Magazine as a Georgia SuperLawyer consecutively every year since 2013. While she represents criminal defendants against numerous crimes, her reputation for excellent Georgia DUI representation is widely recognized by peers and satisfied clients statewide.
Rebecca always made me feel informed and confident that my defense would be the best - and delivered on her every word. My experience with Rebecca far exceeded my expectations. I recommend her as the best DUI lawyer in Atlanta. - Former Client
Georgia Driver's License Suspension Hearings
Top Atlanta DUI lawyers know that one of the toughest consequences of a Georgia DUI arrest is the suspension of your driving privileges. As a leading Atlanta DUI defense attorney, Rebecca Kozycki has conducted numerous successful hearings at the Georgia Department of Drivers Services (DDS). Kozycki Law takes prompt and decisive steps to restore your right to drive.
Scheduling a hearing — time is of the essence
If the officer that arrested you files for a suspension of your driver's license, the Georgia Department of Driver Services (DDS) will determine if your Georgia license is subject to an administrative suspension. You must request a hearing within 30 days from the date of your arrest. Contact Kozycki Law immediately after your Georgia DUI arrest so we can promptly send the appropriate letter to request an Administrative License Suspension (ALS) hearing and challenge the suspension of your driving privileges. The DDS charges a $150.00 filing fee for the hearing, and this $150.00 must be included with the letter.
After we send the request for a hearing, DDS will send notification of a scheduled date. We will receive notice of the hearing date about 2 weeks prior. Kozycki Law will represent you at the hearing and typically your presence is not required.
Call for a FREE CASE EVALUATION with an Atlanta DUI Lawyer today.
What to expect from your ALS hearing
The state must meet its burden of proof for the DDS to suspend your driver's license. At your hearing, Kozycki Law will demand that the state prove beyond a reasonable doubt that:
- The officer had reasonable grounds to believe you were driving a vehicle while under the influence of alcohol or drugs
- You were lawfully placed under arrest
- A valid test was completed
- The test concluded that you had a blood or breath alcohol content (BAC) of .08 or more, or .04 or more if you are a commercial driver charged with DUI while driving a commercial vehicle
- You were properly advised of your Implied Consent Rights
Restricted driver permits
Losing your driver's license is more than just an inconvenience. Unless you live in a pedestrian community or you have access to reliable public transportation, you may encounter serious problems at your job or school and may be unable to receive the medical care you need. Driving while on a suspended license in Georgia can lead to even more trouble. The DDS issues restricted permits to eligible drivers “for travel to and from work, on the job, to and from school, and to and from a treatment center.”
CONSULT WITH KOZYCKI LAW ABOUT RESTORING YOUR DRIVING PRIVILEGES. CALL (706) 333-8599 FOR IMMEDIATE ASSISTANCE.
Georgia DUI Defense for Commercial Drivers
Representing commercial truck drivers in Georgia
A driver who operates a bus, a tractor-trailer, or a commercial truck or van must obtain a commercial driver license (CDL). The issuance of a CDL indicates the driver's special training and skills in the safe maneuvering of large, heavy vehicles. The regulations governing CDLs are intended to protect passengers, other motorists and the public. Violation of the strict CDL rules concerning drug and alcohol use can result in harsh penalties.
Kozycki Law handles the most challenging DUI cases involving commercial licenses, high blood or breath alcohol content (BAC) and DUI accidents. If you have been charged with Georgia DUI, your commercial driver license and your livelihood are at stake. Kozycki Law aggressively challenges the issues to preserve your rights, your liberty and your job.
Georgia DUI laws that affect commercial drivers
Georgia law sets the legal BAC limit at .04 for commercial drivers — one-half of the minimum legal BAC that applies to other drivers. A commercial driver can also be charged for driving under the influence of drugs. Impairment by any type of drug — including over-the-counter and prescription medications — can result in a DUI arrest with serious consequences.
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Consult with Kozycki Law about protecting your driver license, call Kozycki Law today at (706) 333-8599 or contact [email protected].
Harsh penalties for Georgia commercial drivers who are convicted of DUI
A conviction for DUI can end your career as a commercial driver. Depending on the circumstances of your charge, conviction can result in incarceration, fines, probation and installation of an interlock device in your vehicle. In addition to punishments other drivers face, you also risk:
- First offense — loss of your CDL for one year
- Second offense — loss of your CDL for life
- Refusal to submit to BAC or drug tests — loss of your CDL for life
Challenging the Breathalyzer® results
To learn more about the DUI laws that affect commercial drivers, call Kozycki Law today at (706) 333-8599 or contact re[email protected] to schedule your FREE INITIAL CONSULTATION.
DUI Roadblocks and DUI Checkpoints
Georgia sets up sobriety checkpoints throughout the state. This is especially true during the holidays. Studies have shown that checkpoints are no more effective than police officers driving around looking for violations. Kozycki Law believes that these roadblocks are unjust stops, searches and seizures and will fight for you if you are arrested as a result of a sobriety checkpoint.
What to do if you are stopped at a DUI checkpoint
Remain calm. You have not committed any crime. Follow these tips so you go home instead of to jail.
- Approach the roadblock carefully, obeying the directions of the officers regarding where to park your automobile.
- Alert your passengers that you are approaching a roadblock and ask them to refrain from talking or joking.
- Do not roll down your window unless ordered to do so.
- Say nothing to the police.
- Politely refuse to perform field sobriety exercises if asked to do so.
- Remain calm and respectful at all times.
A Strong Defense Against Driving Under the Influence of Drugs or Prescription Medication
A DUI charge has nothing to do with whether your possession of the drug was lawful. The legal issue in a DUI case is whether you were impaired and lost the ability to drive safely. Just as you can be arrested for driving after drinking too much alcohol, you can also be charged with driving under the influence of properly prescribed medications. Georgia law makes it illegal to drive if you are impaired in any way by any drug in your system.
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What constitutes a DUI drug charge
You are likely familiar with the laws against driving while impaired by alcohol. If you over a BAC of .08, you are presumed impaired. However, you can still be charged with a DUI if your BAC is lower or you refuse to take a breath test. In addition, you may be charged with driving while impaired by drugs that are undetectable through breath analysis, but which can be tested through blood or urine testing, including:
- Over-the-counter (OTC) medications — such as cold and allergy medications and OTC sleeping pills
- Prescription pharmaceuticals — for example, antidepressants, antihistamines, anxiolytics, hypnotics, muscle relaxants, sedatives, anorectics, attention deficit disorder (ADD) medications, analgesics and cough suppressants
- Illicit drugs — including marijuana, cocaine, heroin, LSD, MDMA, peyote and PCP
In addition to the DUI charge, you may also face arrest if you have in your possession an illicit substance or a legal medication that has not been properly prescribed for you.
Penalties for driving while under the influence of prescription drugs
Driving while impaired by prescription medications carries stiff penalties in Georgia, even for first-time offenders. A conviction for DUI involving a prescription drug might result in:
- License suspension
- Substantial fines
- Community service hours
- Mandatory attendance at a state-approved program
- Jail time
As with a drunk driving conviction, conviction for DUI involving drugs typically triggers increased insurance premiums.
Underage Drinking While Driving Charges in Georgia
Minors accused of underage DUI (age 16-20) are subjected to higher standards than adults are. Georgia has adopted an approach that charges minors who register a BAC at .02 or higher while driving with DUI — as opposed to applying the .08 percent base level used for adults 21 years and older.
As a minor, you face a 6 month driving suspension (if this is a first DUI) A first-offense DUI is a misdemeanor. If convicted of a first offense, there is generally $300 to $1000 in fines, 24 hours to 12 months jail time, and a minimum of 20 hours of community service. Underage drivers convicted of a per se DUI are required to complete their community service within 60 days of sentencing. (Ga. Code Ann. § 40-6-391(c), (k)(2) (2016).)
Child Endangerment Charges
Having a child, under the age of 14, in the car with you when you are arrested for DUI subjects you to the additional charge of child endangerment, for each child that is in the car. This means if you were driving your three children home and were arrested for DUI, you will be charged with four separate DUI offenses. This fourth DUI charge may be accused as a felony. If you are convicted of a felony, you may be faced with trouble getting a job and difficulty getting your driving privileges reinstated. Rebecca Kozycki is one of the most respected DUI defense attorneys in Georgia. Call for your free consultation immediately to reach the best outcome possible in your DUI and child endangerment charges.
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Commonly Asked Questions:
What can I expect to happen to me if I am convicted of a first DUI?
Most judges (but not ALL) will not send you back to jail on a first DUI, but will give you credit for the time you spent in jail when you were arrested. There will be fines and costs as well as a drug and alcohol assessment, a victim's impact panel, and a DUI class. Your license may also be suspended.
How much does a DUI cost?
Kozycki Law will give you a free initial consultation and evaluate your case prior to quoting you a fee. The cost of a DUI depends on what you want to do. Do you want to fight the charge and challenge the arrest? Do you want a bench trial or jury trial? Do you want to plead guilty and get the very best deal you can get? Each case is unique and Kozycki Law will help you decide what course of action is best for you.
As for fines, court costs, and classes, an example of typical expenses for a Fulton County case: $800 fine + administrative cost; a DUI, Alcohol and Drug evaluation is about $100, $50 for a VIP (Victim Impact Panel); and the Assessment Component of the Risk Reduction course is $100, plus $235 for the 20 hour DUI class plus $20 for a workbook. The total cost of the course is set by law at $355.
Will I lose my license automatically?
Only if you fail to act, if you were arrested for a DUI in the state of Georgia after July 1, 2017, you now have 30 days to request an Administrative License Suspension hearing (ALS). Prior to July 1, 2017, the rule was you had 10 business days to request a hearing. If you received a 1205 Form from the officer, the form acts as a temporary permit to drive for the next 45 days (not 30). Do not wait until the time expires or your license will be automatically suspended and you will be unable to drive. Act immediately and call a DUI attorney.
I've heard you can't win the ALS hearing unless the officer fails to appear. Is it true?
False. While the easiest “win” comes when an officer fails to appear, it is possible to win even when he does. A DUI defense attorney knows what the officers are required to do and not do. They also understand the system and the process involved in trying to save your license. A hearing may result in winning back the license. If the license is not won at the ALS hearing, the decision can be appealed to a superior court judge where there is also a chance of winning the license back.
Can I get a work permit if I lose my license?
Georgia does have limited permits, sometimes referred to as a “work permit”. If you were arrested for a DUI and took a state breath or blood test you are eligible for a limited permit. A work permit allows you to drive to work, school and doctor appointments. After 30 days on a first administrative license suspension, you can get your full license reinstated if you provide proof that you completed a DUI class and pay a reinstatement fee of $210 to the Georgia DDS.
If you did not take a state chemical test of your blood, breath or urine, you are subject to a one year hard suspension of your license. A hard suspension means you are not eligible for a work permit. In addition, if you are convicted you will suffer a suspension. However, any administrative suspension period served will count towards any future suspension.
What if I am a minor and convicted of DUI?
If you are convicted of DUI and under the age of 21 and if your blood alcohol concentration (BAC) was less than .08 grams, the test results were suppressed, or if you refused to take a breath test, your license will be suspended for 6 months. If your BAS was .08 grams or more, you will suffer a 12 month license suspension. Any driver under the age of 21, is not eligible for a limited permit.
First I got my license back because the officer didn't show up to the ALS hearing. But after I pled guilty to the DUI charge, I got a letter from DDS saying that my license had been suspended. I got probation. How did I lose my license?
If you pled guilty to a DUI, that is a conviction, which will result in the automatic revocation of your driver's license. If it is a first conviction of DUI, the suspension is for 120 days. However, if prior to conviction, you received an administrative suspension, you will receive credit for the amount of time you already suffered. The penalties are more severe for multiple DUI's.