Different types of charges for DUI Alcohol
There are several types of DUI charges in Georgia. Some of them involve alcohol: DUI Per Se and DUI Less Safe Alcohol.
DUI Per Se Alcohol
DUI Per Se applies in cases where the driver took the state administered test and the results came back over the legal limit. In Georgia, it is illegal to drive with a BAC of greater than .08% for drivers 21 and over, .02% for drivers under 21 years old, and .04% for drivers of a commercial vehicle. In these cases, the state does not have the burden of showing that you were driving less safe than had you not had the alcohol in your system. Instead, all the state has to prove beyond a reasonable doubt is that you had the amount of alcohol required under the law in your system. However, there are still many legal defenses to this charge that Bray Law can argue on your behalf that could result in a reduction of the charge or dismissal all together.
DUI Less Safe Alcohol
The second charge is DUI Less Safe Alcohol. This charge results mainly from cases where the driver refused the state administered test. However, a prosecutor can charge it in cases where there was a test. See more about why you might be charged with multiple counts of DUI for the same offense. For this charge, the state has the burden of proving beyond a reasonable doubt that the driver was a less safe driver due to the impairing substance than had he not been impaired at all. In contrast to the Per Se charges, it's a very subjective charge. I like to sum it up like this, "Were you driving like you were drunk? Did you look drunk?" Those are the questions most juries are asking themselves in trial when you are facing this charge.
Do I need an attorney in my DUI Alcohol case? Why should I hire Bray Law?
There are a lot of defenses in DUI Alcohol cases. If you took the test, there could be motions to file to keep the test result out. Even if you didn't take the test, there could be motions to file to keep other evidence, like the field tests, out of the trial. Depending on the facts of your case, just filing a Motion to Suppress or a Motion to Dismiss could result in the entire case being dismissed. But just filing motions is typically not enough. You need an attorney experienced with DUI law to argue the motion and convince the judge that the evidence in your case should be dismissed. Read more about how Bray Law can file and win motions for you.
In addition to motions, should you choose to take a plea in your case, you need an experienced attorney to negotiate with the prosecutor. The difference between a plea offer for a lesser charge, like a reckless driving, and a DUI plea offer is hiring the right attorney that is experienced. In order to reduce a DUI, prosecutors typically need a legal reason to reduce. Only an experienced attorney can see the legal flaws in the evidence in your case or know how a jury will reach to the evidence. If you don't know what's weak in the case, how can you point those weaknesses out to the prosecutor to convince them they need to plea the case out? That's where Bray Law steps in. With years of experience both prosecuting and defending DUI's, Bray Law knows what a good case and a bad case is in the eyes of a jury and prosecutor. And we know how to argue for a reduction in your DUI charge.
But what about if you want to take your case to trial? Bray Law has you covered. As the saying goes, "Only a fool represents himself." You do not want to take your DUI case to trial pro se (without an attorney). But don't just settle for any attorney or public defender. You need an attorney with the experience to argue to a jury. An experienced trial attorney is not one that just knows the law. An experienced trial attorney must know the rules of evidence, the law surrounding your case, the local court rules, what the judge expects, and what juries want to hear. It involves public speaking and "putting on a show" of sorts. In my practice, I've seen some of the smartest attorneys I know take a case to trial and lose simply because they were "book smart" but didn't know how to appeal to the every day man of a jury. This is where Bray Law excels. Bridgett Bray has been in front of juries since she was in law school. In law school, she took courses just on how to present a case to a jury. During law school, she worked for offices that took cases in front of juries. Then, after law school, she worked at two district attorney's offices that took cases in front of juries. And now, in criminal defense, she isn't afraid to take your case to a jury. Bridgett Bray knows what to argue, how to argue it, and how to get a not guilty.
Read more about plea bargains vs. trials.
Bridgett Bray has handled hundreds of DUI Alcohol cases and knows what to look for in these cases. Bray Law is the experienced law firm you need to defend against these charges. Contact us today for your Free Consultation.