DUI Defense Lawyer In
Madison, Georgia

DUI defense Lawyer Morgan County, Georgia

Navigating the intricacies of DUI charges in Morgan County, Georgia, requires a seasoned legal advocate by your side. Michael Fulcher, your dedicated DUI defense lawyer, brings a wealth of experience and an unwavering commitment to safeguarding your rights and securing the best possible outcomes for your case. With an in-depth knowledge of Georgia’s DUI laws, our legal team is poised to provide expert counsel and resolute support.

When you lose your driver’s license, it can have severe repercussions on both your personal and professional life. To help you navigate this difficult situation, Michael Fulcher Law, a reputable DUI defense lawyer, serving Morgan County, Georgia, provides a top-notch drunk driving defense. Whether it is for your 1st DUI, 2nd DUI, or you are facing an habitual violator charge, Michael Fulcher will help you every step of the way, fighting for your freedom.

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Table of Contents hide
1 Georgia’s First DUI Offense Act
2 Georgia DUI Consequences
3 DUI Penalties in Georgia
3.1 1st DUI in Georgia
3.2 2nd DUI in Georgia
3.3 Criminal DUI in Georgia
4 DUI Frequently Asked Questions
4.1 How much is the legal limit for a DUI in Georgia?
4.2 DUI Less Safe
4.3 Should I consult a DUI Lawyer Morgan County before taking the field sobriety test or breath test?
4.4 Will I lose my license for a first DUI?
4.5 Can you refuse a breathalyzer test in Georgia?
4.6 Do DUI laws distinguish the difference between public and private property?
4.7 If I refuse all testing, even at the station, what happens next?
4.8 How likely is jail time for first DUI in Georgia?

Michael Fulcher Law, our Morgan DUI defense attorney in Georgia, will help you if you are facing a DUI charge: he has the expertise and experience to develop a defense strategy that safeguards your driving privileges and freedom. As a former prosecutor and public defender with over ten years of combined experience and years of private practice, Fulcher has represented clients in Morgan, Greene, Jasper, Putnam, Newton, and Taliaferro Counties. The law firm operates from two locations, a primary office in Madison, Georgia, and a secondary office in Monroe, Georgia.

He knows the people involved in the DUI and traffic divisions of these local counties: police, prosecutors, and judges. He takes this insider knowledge about state players and uses it to your advantage. Every court and county is different in how they treat DUI’s. This knowledge is essential to navigating the criminal justice system and helping you to avoid or minimize penalties.

Call Michael Fulcher directly or fill out our online form to schedule a free consultation today. Don’t delay. There are strict, non-waivable time constraints to fight to retain your driving privileges and maintain all of your defenses. You don’t want to let those deadlines pass.

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Facing legal challenges, whether it’s a DUI, criminal charge, or navigating traffic-related offenses, requires a skilled advocate. Turn to Michael Fulcher Law for a blend of legal expertise and unwavering client service from a former Georgia prosecutor. Discover the optimal legal solution for your situation by calling our criminal defense law firm at (706) 438-1555 or reaching out online. Schedule your free consultation today and gain a clearer path forward.

Georgia’s First DUI Offense Act

DUI Defense Lawyer in Morgan County GeorgiaThe First Offender Act in Georgia is a law that allows certain defendants who have been charged with a first-time non-violent felony offense or a first-time DUI offense to avoid a criminal conviction and have the charges dismissed upon the successful completion of probation or other court-ordered requirements.

Under the First Offender Act, the defendant must plead guilty or no contest to the charge, and the judge must then defer entering a judgment of guilt. The defendant is then placed on probation for a certain period of time and must comply with certain conditions, such as community service, drug or alcohol treatment, or payment of fines and restitution. If the defendant successfully completes the probationary period, the judge will discharge the defendant and dismiss the charges.

It’s important to note that while the First Offender Act can be an excellent option for those who qualify, but it is not available for all types of offenses. For example, it cannot be used for serious violent crimes or sexual assault offenses. Additionally, the First Offender Act can only be used once, so if a person commits another offense in the future, they will not be eligible for the program again.

Overall, the First Offender Act is designed to provide first-time offenders with a second chance to avoid a criminal record and move forward with their lives. However, it’s essential to understand the eligibility requirements and potential consequences before deciding whether to pursue this option.

Georgia DUI Consequences

As an experienced DUI law firm in Georgia, we can provide you with information about the potential consequences of a DUI conviction in the state. Please note that while we aim to provide accurate and helpful information, it’s essential to consult with a qualified attorney to get personalized advice for your specific case.

Potential consequences of a DUI conviction in Georgia may include:

  1. License Suspension: A DUI conviction can lead to the suspension of your driver’s license. The length of the suspension depends on several factors, including prior DUI offenses and the specific circumstances of your case.
  2. Fines: Convicted individuals may face substantial fines imposed by the court. The fines vary based on the number of prior DUI offenses and other aggravating factors.
  3. Probation: The court may impose probation as part of the sentence. This involves regular check-ins with a probation officer and adherence to specific conditions, such as attending alcohol or substance abuse counseling.
  4. Incarceration: A DUI conviction can result in jail time, especially for repeat offenders or cases involving aggravating factors such as excessive blood alcohol concentration (BAC), accidents, or injuries.
  5. Ignition Interlock Device (IID): In certain cases, the court may require the installation of an IID in your vehicle. This device measures your BAC and prohibits the vehicle from starting if alcohol is detected.
  6. Alcohol or Drug Education Programs: DUI offenders may be required to complete mandatory alcohol or drug education programs aimed at addressing substance abuse issues.
  7. Increased Insurance Rates: A DUI conviction often leads to higher car insurance premiums or even policy cancellation. Insurance companies consider DUI convictions as indicators of high-risk behavior.
  8. Criminal Record: A DUI conviction results in a criminal record, which can have long-lasting consequences, affecting employment prospects, professional licenses, and future background checks.
  9. Professional Consequences: Certain professions, such as those requiring a commercial driver’s license or positions of public trust, may be impacted by a DUI conviction, potentially leading to job loss or limitations in career advancement.
  10. Impact on Immigration Status: Non-U.S. citizens charged with a DUI in Georgia may face additional consequences related to their immigration status, such as visa restrictions, deportation, or difficulties in obtaining citizenship.

DUI Penalties in Georgia

1st DUI in Georgia

First-time DUI offenders in Morgan County cannot take advantage of the first offender act.

It is crucial to enlist the services of an experienced DUI defense attorney in Morgan County to help you navigate the complex processes of prosecution, probation, and sentencing. Even for a first-time offense, the consequences of a guilty plea or conviction can be severe:

  • 12-month license suspension with the possibility of limited driving privileges to work at a later time
  • 24 hours or up to 12 months in county jail
  • $300-$1,000 fines, plus court costs and fees
  • 12 months supervised probation with a fee that varies by the county at around $40/month
  • Clinical alcohol/drug assessment
  • DUI Risk Reduction class, usually costs $350
  • 40 hours of approved community service

2nd DUI in Georgia

If you are facing a 2nd DUI charge in Morgan County, and you have a prior DUI conviction within the last ten years, the penalties you face are compounded, and the judge has limited discretion at sentencing. In such cases, it is crucial to engage the services of an experienced Georgia DUI attorney who can assess your case’s unique circumstances and help you navigate the litigation process effectively.

A competent lawyer will ensure that your defenses are thoroughly evaluated and presented in court.

  • 18-month license suspension
  • The maximum penalty is up to 12 months in county jail, although usually a person is sentenced to a minimum of 72 hours in jail
  • 12 months supervised probation with a fee that varies by the county at around $40/month
  • $600-$1,000 fines, plus court costs and fees
  • Alcohol assessment and a clinical evaluation
  • DUI Risk Reduction class, usually costs $350
  • 240 hours of community service
  • Maintain an Ignition Interlock device on your vehicle for a period of time
  • $25 fee for publishing your photo in the local newspaper where the DUI occurred

Criminal DUI in Georgia

A 3rd DUI conviction imposes mandatory sentencing that involves jail time, license suspension, and public shaming. Each of these mandatory programs comes with a cost that you will have to pay. In addition, a third conviction within 5 years can mark you as a habitual offender. Because a third DUI conviction creates a horrendous record that will follow you through the rest of your life, you need skilled DWI lawyers Morgan County, to protect you from excessive penalties.

  • 5-year license suspension with no limited driving privileges for work within the first 2 years
  • 120 days-12 months in jail, with a mandatory 15-day jail sentence
  • Fines between $1,000-$5,000
  • 12-36 months of probation
  • 30 days (240 hours) of community service
  • License plate surrender
  • DUI Risk Reduction class
  • Mandatory alcohol or drug counseling and treatment programs
  • Publication of photo in the local newspaper
  • Declared a habitual offender if 3rd major traffic offense within the last 5 years
  • A subsequent DUI could be a felony offense with prison time

DUI Frequently Asked Questions

The per se blood alcohol level for drivers over the age of 21 is 0.08. For young drivers, under the age of 21, the per se blood alcohol level is 0.02. For drivers of commercial vehicles, the per se blood alcohol level is 0.04. A per se blood alcohol means that once established, it is assumed that the driver is impaired.

DUI Less Safe

Less safe driving can be charged even if the blood alcohol readings do not reach per se levels. Less safe driving can be charged with blood alcohol levels of 0.05-.08. The offense is proved by the officer’s observations, any accident report, and witness testimony, along with any blood alcohol test results. Below 0.05, as an adult, non-commercial driver, you are not likely to be charged with less safe driving, but might be open to other charges.

You probably won’t be able to call your lawyer! However, you are under no obligation to submit to a roadside field sobriety test or handheld breath test. The field sobriety test is subjective, and not evidence of impairment. The handheld breath test is unreliable as an indicator of legal intoxication. Therefore, you should refuse, although know that a refusal might result in an arrest. Once at the police station you are under a legal obligation, as a condition of your driver’s license, to submit to an Intoxilyzer 9000, blood, or urine test or else face a suspension of your driving privileges.

Yes, in Georgia, you will lose driving privileges for some period of time even for a first DUI conviction or plea. The maximum sentence is 12-month suspension. However, once you complete DUI school, and pay a reinstatement fee, you can apply for reinstatement after 120 days.

A driver over the age of 21 can apply for a limited use driving permit for the duration of the suspension that will allow you to drive to work, school, counseling, DUI School, for medical care, and treatment, to pharmacies, court appearances, probation appointments, and community service. This limited driving permit may also include driving an unlicensed, family member to their work, school, medical appointments, and to pharmacies.

If you are under 21, your license will be suspended for 12 months without any limited driving permits.

You do not have to submit to a field sobriety test or roadside breathalyzer test. Field sobriety tests are notoriously subjective. Roadside breathalyzer tests are also not reliable. However, both tests act as screening evaluations.

Do know that if you refuse to take a field sobriety test or breathalyzer, you will most probably be arrested.

Once at the police station, you will be asked to submit to an Intoxilyzer 9000 test, blood, and/or urine test. If you refuse any of these, your driver’s license will be automatically suspended. You must be informed of the consequences of refusing these tests. If you still refuse, the police can get a warrant, and force submission to blood, and urine tests, depending on the circumstances. Again how you act when confronted with these options provides police with opportunities to determine your mental, and physical capacity.

Police must tell you that you will lose your driver’s license if you refuse to take the Intoxilyzer 9000, blood and/or urine tests. You can request the right to call your lawyer before submitting to the test. You must file a request for an ALS hearing within 30 days of arrest in order to preserve your right to contest the driver’s license suspension.

Yes! DUI laws in Georgia do not distinguish between public, and private property. You may not drive any moving, motorized vehicle anywhere in Georgia while impaired. That includes golf carts, 4-wheelers, and even lawnmowers. Where you drive is not important. Therefore, police can arrest you for DUI on private property, even sitting behind the wheel in your own driveway.

First, you will have your license suspended for 12 months, with an opportunity to file a request for an ALS Hearing to appeal the decision within 30 days of arrest.

Next, the police might seek a warrant to compel you to take a blood or urine test. It takes time to get the warrant, in which time, your alcohol levels will continue to decline. A refusal to take required Intoxilyzer 9000, blood, or urine tests negates your opportunity to request an independent blood test at the station.

However, refusing to take these tests does not mean the prosecution will drop its case against you. The prosecutor can still pursue the DUI charges by showing impairment through evidence of slurred speech, bloodshot or dilated eyes, fumbling for your driver’s license or registration, reactions to police questions, odor of alcohol, open containers in the vehicle, admissions of drinking or drug use, and of course, your manner of driving. If the stop was recorded by a patrol car camera or the questioning by a body-camera, those tapes are admissible as evidence of driving under the influence, too.

Jail time for a first DUI in Georgia is possible but not mandatory. The likelihood of jail time depends on factors like your blood alcohol concentration (BAC) and any prior convictions. Penalties can include up to one year in jail, but many first-time offenders receive probation, fines, and mandatory alcohol education programs instead.

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“Mr. Fulcher has been tremendously helpful with my case. Since hiring him he has consistently returned my calls as quickly as he can. We discussed an ideal outcome, and I set about doing exactly as he said. Following his advice we were able to get a very favorable outcome. He is always quick to answer any questions, and has stayed very engaged with me throughout this ordeal. Michael provides excellent counsel, and I would recommend him to anyone!”

— TOM

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