EFFINGHAM COUNTY DUI Defense LAWYERS
If you’ve been arrested for driving under the influence (DUI) of alcohol or drugs, you could be facing serious legal consequences, ranging from license suspension to steep fines, mandatory programs, and even jail time. Whether it’s your first offense or you’ve had prior convictions, a strong legal defense can make a significant difference in the outcome of your case. The Effingham County DUI defense lawyers at Kicklighter Law understand Georgia DUI laws and will fight to protect your rights and your future. Contact us as soon as possible to get started on your defense.
What Are Georgia’s DUI Laws?
Georgia enforces some of the strictest DUI laws in the country. A conviction cannot be expunged, meaning it stays on your record permanently. Even a first-time offense can result in jail time, and penalties increase with each additional offense or if someone is injured.
DUI charges can arise from driving under the influence of alcohol, illegal drugs, prescription medications, or a combination. Understanding the technical and often complex laws surrounding DUI cases requires the guidance of an experienced DUI defense attorney.
Key Georgia DUI statutes include:
- OCGA § 40-6-391 – Defines Various DUI Offenses, including driving under the influence of alcohol, drugs, or both.
- OCGA § 40-6-392 – Establishes Approved Chemical Testing Methods (breath, blood, urine) for determining impairment.
- OCGA § 17-5-30 – Covers Motions to Suppress Evidence obtained through illegal search and seizure.
- OCGA § 40-5-55 – Georgia’s Implied Consent Law, requiring drivers to submit to chemical testing if suspected of DUI.
- OCGA § 40-5-67.1 – Provides the Official Language of the implied consent notice and outlines the 30-day deadline to appeal a license suspension.
- OCGA § 40-5-67.2 – Explains Driver’s License Suspension and reinstatement procedures, including eligibility for limited driving permits.
- OCGA § 40-5-64.1 – Details Ignition Interlock Requirements for certain first-time offenders who refuse chemical testing.
- OCGA § 40-5-75 – Addresses License Suspensions for DUI or drug-related offenses, including marijuana.
- OCGA § 40-5-63 – Sets Suspension and Revocation Timelines and conditions for reinstating a driver’s license after a DUI conviction.
What Types of DUI Cases Does Kicklighter Law Handle?
Our Effingham County DUI defense attorneys represent clients facing a wide range of DUI-related charges. No matter how minor or serious the allegation may seem, having skilled legal representation can help reduce the impact on your reputation, career, and future.
We handle cases including:
- First-Time DUI Offenses: First offenses can still result in jail time, fines, probation, and license suspension. You must also request an Administrative License Suspension (ALS) hearing within 30 days of arrest to challenge the license suspension.
- Second DUI Offenses: These are typically still misdemeanors but come with harsher penalties, including longer jail sentences, higher fines, and extended license suspensions.
- Third DUI Offenses and Beyond: A third DUI within 10 years is usually treated as a high and aggravated misdemeanor, not a felony, but still carries increased penalties including longer jail time, $5,000 in fines, a five-year license suspension, and ignition interlock device requirements.
- DUI with an Accident: If an accident occurs and someone is seriously injured or killed, you could face felony charges such as vehicular homicide.
- Marijuana-Related DUI: Despite trends in other states, Georgia has not legalized recreational marijuana. Driving under the influence of marijuana, even with a prescription for medical use, can still result in DUI charges.
- DUI Checkpoint Arrests: Roadside sobriety checkpoints are legal in Georgia but must meet constitutional standards. Every vehicle must be stopped, and officers must have reasonable suspicion to make an arrest.
- Driving on a Suspended License: Driving with a suspended license after a DUI conviction can lead to additional charges, longer suspension periods, and increased penalties.
Was the Traffic Stop Lawful?
One of the first aspects of a DUI defense involves evaluating whether the traffic stop was legal. If the police lacked reasonable suspicion or probable cause to pull you over, any evidence obtained during the stop could be thrown out. An officer cannot simply stop a vehicle based on a hunch—they must observe a traffic violation or specific behavior that justifies the stop.
Were Field Sobriety Tests Administered Correctly?
Standardized field sobriety tests (SFSTs) must be administered according to strict guidelines. If an officer deviates from the protocol or bases your arrest on a subjective interpretation of your performance, the validity of the arrest may be challenged. Medical conditions, uneven surfaces, poor lighting, or even footwear can affect performance on these tests.
Is the Chemical Test Evidence Reliable?
Breath, blood, and urine tests are often the cornerstone of the prosecution’s case. However, these tests must be conducted properly to be valid. If the breathalyzer was not calibrated, if the officer failed to wait the required observation period, or if the blood sample was mishandled, the results can be inaccurate—and potentially inadmissible.
Was the Implied Consent Law Followed?
Georgia law requires officers to read the implied consent notice at the time of arrest. If the warning was not read, was read too early or too late, or was miscommunicated, your refusal or consent to chemical testing could be invalidated. This could lead to the exclusion of test results from the case.
Who Was Actually Driving?
In some DUI arrests, especially those involving accidents, the officer may arrive after the vehicle is no longer in motion. If no one saw you behind the wheel, the state may struggle to prove that you were operating the vehicle while under the influence. Our attorneys investigate the full context to raise doubts about this critical point.
Was the Evidence Legally Obtained?
Any evidence obtained through an unlawful search or seizure may be suppressed under constitutional law. If the officer searched your car without a warrant or a valid exception to the warrant requirement, our attorneys can file motions to exclude that evidence from your case.
Talk to an Effingham County DUI Defense Lawyer at Kicklighter Law Today
If you are facing DUI charges, the sooner you contact a qualified defense lawyer, the better your chances of avoiding harsh penalties. At Kicklighter Law, we have extensive experience handling DUI cases and will work to protect your rights every step of the way. Call the Effingham County DUI defense lawyers at 912-754-6003 or contact us online to schedule a confidential consultation. Our Springfield office represents clients throughout Effingham County, Savannah, and surrounding communities.