Attorney Judy Kim has a unique advantage when it comes to defending her clients charged with driving under the influence with a unique perspective of the process. If you have been arrested, such as an underage DUI, there is no other criminal defense attorney in the Atlanta area that is better equipped to handle your case.

State Laws

If you are caught driving a motor vehicle while under the influence of drugs or alcohol, you will be arrested and booked on charges. Some of the laws pertaining to driving under the influence in Georgia include:

• You are considered too drunk to operate a vehicle when your blood alcohol content level (BAC) meets or exceeds .08%.
• If you are under the age of 21, you are not permitted to operate a vehicle if your BAC meets or exceeds .02%.
• If you are a commercial truck driver, you are not permitted to operate a commercial vehicle if your BAC meets or exceeds .04%.
• You will be arrested and booked on DUI charges if you drive under the influence of any illegal drug, prescription drug, glue, aerosol, or other toxic vapor to the extent that it is no longer safe for you to drive. Even if the drug you took is legal, you can still be arrested if it has impaired your ability to safely operate a vehicle.

The 10-Day Rule

If you have been arrested for a driving under the influence, you have 10 business days from the date of your DUI arrest to properly request an administrative license suspension hearing from the Georgia Department of Driver Services. This is a separate court date from the court date you may have received on your citations. A failure to request this special hearing will result in your driver’s license being suspended, possibly for as long as an entire year. You will want to consult with a knowledgeable attorney before your hearing to enhance your chances of retaining your driving privileges.

It is imperative you understand the importance of this hearing. Losing your license will result in great difficulty for many aspects of your life. How will you get to school or your job without driving? Loss of a driver’s license will require you to become dependent on your relatives or friends for transportation to your job, the store, the movies – anywhere you need or want to go! Having your license suspending can cause significant distress and unnecessary inconvenience to both yourself and others. To give yourself the best possible chance of avoiding a license suspension, enlist the support of a reputable attorney as soon as you are charged with DUI.

Penalties

First DUI Within 10 years:

• $300 to $1,000 fine plus statutory surcharges and probation fees
• 10 Days to 1 Year in Jail all but 24 hours may be served on probation
• DUI School known in Georgia as the Risk Reduction School
• 40 Hours of Community Service if over 21
• 20 Hours of Community Service if under 21
• Clinical evaluation for substance abuse and treatment if needed
• 1 Year Probation
• 1 Year License Suspension if breath test was not refused and over 21 and upon completion of DUI school may apply for a limited drivers licenses that is valid for 120 days. After 120 days may have full license reinstated
• Under 21 and BAC of .08% or more 1 year hard suspension, no limited driver’s license.
• Under 21 and BAC under .08% 6 month suspension with no limited driver’s license

Second DUI Within 10 years:

• $600 to $1,000 fine plus statutory surcharges and probation fees
• 90 Days to 1 Year in Jail all but 72 hours may be served on probation
• DUI School known in Georgia as the Risk Reduction School
• 30 Days of Community Service (240 hours to 250 hours)
• Mandatory Alcohol Evaluation and/or Treatment
• License plate confiscation all licenses plates registered to the offender are confiscated by the court and reissued after a limited driver’s license or full reinstatement is issued (there is a possible hardship exception)
• Photo and disposition published in the county legal newspaper
• Up to 1 Year Probation
• Suspension of drivers licenses all drivers 3 Years, with no limited license for 12 months for Georgia residence
• Under 21 possible reinstatement after 18 months and completion of the DUI School and clinical evaluation
• 21 and over drivers may apply for 6 month ignition interlock device after 12 months, if authorized by court order
• Clinical Evaluation mandatory minimum 17 week treatment program in order for Georgia Licensee to be eligible of a limited driver’s license
• Ignition Interlock Device required for eligibility for a limited driver’s license after 12 months for drivers 21 and over, if court ordered

Third DUI Within 10 years (Declared a Habitual Violator):

• $1,000 to $5,000 plus statutory surcharges and probation fees
• 120 days to 12 to months in Jail all but 15 days may be served on probation
• 30 Days Community Service (240 hours to 250 hours)
• Alcohol Evaluation and/or Treatment
• Up to 1 Year Probation minus any jail time served
• Photo and disposition published in the county legal newspaper
• License plate confiscation all licenses plates registered to the offender are confiscated by the court and reissued after a limited driver’s license or full reinstatement is issued (there is a possible hardship exception)
• All drivers 5 Year License Revocation with no limited license for 24 months for Georgia residence
• Under 21 no limited or full driver’s license for full 30 months for Georgia residence
• 21 and over drivers possible probationary license for Georgia licensees after 24 months if DUI School and clinical evaluation and required treatment completed, liability insurance proven, and interlock installed for 6 months
• Ignition Interlock Device

Fourth DUI Within 10 years (A Felony if all Four Arrests Occurred After July 1, 2008):

• 1 to 5 years in jail of which all but 90 days may be served on probation
• 12 to 60 months’ probation minus any jail time served
• $1,000 to $5,000 fine plus surcharges and probation fees
• Possible seizure and forfeiture of motor vehicle if already declared a habitual violator for 3 prior DUI convictions and convicted for new DUI
• All other requirements stated above

Aggressive DUI Defense in Atlanta

Attorney Judy Kim has an in-depth knowledge of the Atlanta metro area court systems, as well as the penalties and knows effective defense strategies for handling your case. Judy Kim will challenge the accuracy of any field sobriety tests or chemical tests you may have taken, assist you with your DMV hearing, and negotiate to get your charges reduced or dismissed in court.

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Determining Sobriety by an Atlanta Criminal Lawyer

Breathalyzer tests are frequently used by law enforcement officers on the field as a way to chemically determine a driver’s blood alcohol content (BAC) when he/she has been suspected of driving under the influence (DUI). To carry out the test, it requires that a suspected drunk driver to blow into the breathalyzer machine.

This determines the BAC in that person’s system by measuring the amount of alcohol that has been absorbed into the tissue of the mouth and throat. The amount of alcohol is then calculated by a ratio, which produces the percentage of alcohol in the blood. Under Georgia DUI law, a person is prohibited to operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. If a driver submits to a breathalyzer test and blows above this BAC, they will likely be arrested for driving under the influence.

Failed your test? Let my firm defend you!

The most commonly used breathalyzer test machine in Georgia is the Intoxilyzer 5000. Though this is the most accurate machine, it is actually well-known for its faults and potential to give false readings. For instance, if a machine is not properly calibrated, then it may produce a reading that is too high.

If the person taking the test smoked, ate, or drank recently, then the true amount of alcohol in the blood may not be stated on the machine. Additionally, certain gastroesophageal reflux conditions or diets may affect the test results. Factors such as a person’s gender, weight, metabolism and unique body temperature are not taken into account in these calculations either, thus making breathalyzer tests all the more unreliable.

These are all possible defense that an attorney can use at a DMV hearing or in court in order to have breathalyzer test results suppressed. An experienced DUI lawyer will understand how to contest a failed breathalyzer test or a breath test refusal, however—as both may have serious consequences like a driver’s license suspension, fines, jail time, probation, community service, and/or alcohol treatment—so it is important to enlist the help of legal representation as soon as you are faced with a DUI charge

Refusing a Breath Test

Under Georgia’s Implied Consent Law, a driver is required to submit to a chemical test (breath test or blood test) to determine his/her blood alcohol concentration or presence of drugs in the event that they have been pulled over for suspicion of driving under the influence. This means that upon obtaining a driver’s license in the state of Georgia, an individual has given their consent to adhere to a sobriety test with the knowledge that refusal would result in penalties. Upon refusal, however, a law enforcement officer is required to inform the individual of the consequences they will face if they ultimately refuse.

A breath test refusal would result in the suspension of a person’s driver’s license, regardless of whether or not that person was actually driving under the influence of alcohol or drugs. The law enforcement officer will most likely revoke the license and provide the uncooperative individual with a 30-day driving permit.

Within those 30 days, a person has the right to request a hearing to challenge the suspension, but if they lose their case or fail to schedule a hearing within the time limitations, their license will remain suspended for one year. Atlanta DUI attorney, Judy Kim, is skilled in the defenses used to challenge allegations of refusing a breath test, and she can do the same for you.

Administrative License Suspension (ALS) Proceedings

A breath test refusal will begin administrative license suspension (ALS) proceedings. A driver is best off working with an experienced attorney who can provide aggressive defense at an ALS hearing and help the driver keep his/her driving privileges. To do this, the attorney must prove that it is more than likely true that the arresting officer did not have probable cause to believe the defendant was under the influence, the defendant was not arrested properly, the defendant was not informed of the consequences of refusing a breath test or blood test, or that the defendant did not actually refuse to take the test.

Enlist the help of an attorney from my firm!

If you have failed a breathalyzer test, or refused to take it altogether, then you need to get in touch with a member of my legal team. Don’t risk your future by letting your charges go uncontested. I am committed to aggressively defending the rights of my clients and keeping them fully informed of the process.

For more information, contact an Atlanta DUI lawyer from The Law Office of Judy Kim, P.C. In order to help more people, we offer services in Spanish.

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After Your Arrest, Contact an Atlanta DUI Lawyer

While the majority of DUI arrests involve alcohol, driving under the influence of drugs is a major concern and is cracked down upon by law enforcement throughout Georgia. The penalties for driving under the influence of drugs are the same as those for DUI involving alcohol, but the laws regarding drunken driving charges are slightly different. It is important to work with a lawyer who is experienced in defending DUI drug charges in particular, as the procedures and strategies used during the DUI court process and at the ALS hearing will be different. The DUI defense strategies that your lawyer must develop should also be applicable specifically to drugs and DUI charges in order to have the best chance of being effective.

Georgia DUI law states that an individual may not drive while under the influence of alcohol and/or drugs to the extent that it is “less than safe” for that individual to drive. If a driver has a blood alcohol concentration of .08% or greater, he/she may be charged with DUI regardless of whether or not his/her ability to drive safely was affected. Georgia law also states that it is illegal to drive under the influence of aerosol, glue or other toxic vapors which impair his/her ability to drive safely. The law is complicated, especially if you are unfamiliar with it. Therefore, attorney Judy Kim has made herself available to those who need effective defense against DUI charges with drugs.

Penalties for a Drug-Related DUI

If a driver is found operating a vehicle with any amount of marijuana or controlled substance in his/her blood or urine, he/she may be charged with DUI. If a driver is legally entitled to use the drug found in his/her system, this is only a valid defense so long as the driver was still able to drive safely. If found guilty of a drug-related DUI, however, you should expect to face a suspended driver’s license—sometimes just for possession, even if not operating the vehicle. Also, you could be required to enroll in a Risk Reduction Program in order to have your license reinstated, and you may face hefty fines, community service, and even time in jail, as well. To avoid unwarranted penalties, you should enlist the help of legal representation as soon as you are charged with a crime. Contact The Law Office of Judy Kim for more information.

Atlanta DUI Attorney Explains

Georgia law calls for commercial truck drivers to abide by a certain set of standards when driving and operating their vehicles. Among the laws that govern commercial drivers is that of DUI, which states that no driver should be operating a commercial vehicle if their blood alcohol concentration is .04% or higher. The law delves even further into this rule, declaring that a commercial driver that is caught driving any vehicle – whether on the job or not, whether commercial vehicle or not – will be charged with DUI. This means that even while commercial drivers are not on the job, they must abide by the same laws that would govern them while they were on the job.

Laws for Commercial Drivers

Whether you are stopped by a police officer while on the job or you are pulled over during a day off, if your field sobriety tests, breathalyzer results, and/ or blood tests reflect a .04% or more BAC, you could lose your commercial driver’s license. A license suspension for a commercial driver will elicit different affects than would a normal license suspension for a regular driver. This is primarily because a commercial driver’s job requires them to be on the road the majority of the time. Without a license, this becomes impossible to do.

For commercial drivers, losing their license means more than just being restricted from driving; it also means that they will be unable to perform their job duties, and their financial income and support could suffer as a result. With the help of an Atlanta criminal lawyer from The Law Office of Judy Kim, P.C., commercial drivers stand a much better chance at effectively avoid the penalties of a conviction.

Avoiding License Suspension

There are ways in which this undesirable fate can be avoided for commercial drivers. In the state of Georgia, persons arrested for DUI will have exactly ten days from the date of arrest to schedule a DMV hearing where they can fight to have their license suspension prevented or even postponed. Contesting the revocation of a commercial driver’s license will be extremely important for any commercial driver’s ability to continue working in the future, so enlisting the guidance of legal representation is highly advisable. The penalties of a DUI charge are harsh for anyone, but particularly so for commercial drivers, so if you are faced with the possibility of losing your commercial driver’s license in lieu of a recent DUI charge, it is important to act quickly.

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Georgia Laws

A driver’s sobriety is determined by the amount of alcohol found within his or her bloodstream, commonly referred as blood alcohol concentration or BAC. In the state of Georgia, it is illegal to drive or operate a vehicle if your blood alcohol concentration .08% or more. If you are suspected of drunk driving, an officer will conduct a traffic stop and pull you over. He or she will ask for your identification and then request your cooperation with a field sobriety test. This may include the walk and turn or the one leg stand. Any failure on your part is grounds for arrest. The police officer may also discover that you are driving with BAC at or above .08% by conducting a breath test. Any violation of DUI law will result in arrest, which is why you need an attorney on your side.

All of the factors of your arrest will be brought into evidence in light of a trial. Things like the results of a breathalyzer and/or any field sobriety tests will be taken into account, and it is likely that the prosecution will bring in the arresting officer to testify. The only way to provide yourself with a solid defense after being arrested for a DUI is to seek legal representation as soon as possible and to go over every detail of your arrest with your attorney. This way, they will be able to build a solid defense will all of the evidence in mind.

Two-Part Process

A DUI arrest leads to two separate processes: a hearing with the Georgia Department of Motor Vehicles and a criminal case. It is important to understand the difference between the two and the significance of each. Ignorance related to your license suspension hearing will result in your driving privileges being suspended without opportunity for review. With so much at stake, it is worth taking time to get the right information.

The DMV hearing is an administrative process to determine whether or not your driver’s license will be suspended. The DMV hearing does not address whether or not you are criminally guilty of driving under the influence. The sole purpose of the hearing is to determine whether or not you drove under the influence. If you did, your driver’s license will be suspended. However, you only have 10 business days from the date of your arrest to schedule this hearing. If you do not schedule your hearing within the 10-day limit, your driver’s license will automatically be suspended.

The criminal case is a separate process from the DMV hearing to determine whether or not you are criminally guilty of driving under the influence. You and your attorney will appear at an arraignment where you will plead either guilty or not guilty. If you plead “guilty,” your case ends there and you will be sentenced to various legal penalties. If you plead “not guilty,” the judge will set a future court date where your case will be tried before a jury. Since driving under the influence is a crime in Georgia, you will be sentenced to a number of legal penalties if you are found guilty at your criminal trial.

How can I defend myself?

The factors which will carry weight in an Atlanta DUI trial and DMV hearing include the following:

• How the defendant was driving (swerving, driving too slowly, speeding, etc.)
• How the defendant looked and acted when he/she was pulled over (bloodshot eyes, slurred speech, etc.)
• How the defendant performed in field sobriety tests
• The results of a breathalyzer test or blood test

A skilled DUI defense attorney will know how to use these factors in a defendant’s favor. This may include proving:

• The defendant was tired, was ill or was driving in poor road or weather conditions, which led to his/her driving behavior
• The defendant was wearing contacts, had allergies, or was tired, nervous or ill and thus had bloodshot eyes or slurred speech
• The defendant had a physical condition which prevented him/her from performing field sobriety tests with accuracy
• The breathalyzer machine was improperly calibrated
• The breath test or blood test was administered incorrectly
• The blood sample was not handled properly after it was taken

There are a myriad of defenses which may be viable in court – it will depend upon your particular case and circumstances. Enlisting the help of the right legal representation is key, however, as they must do an independent analysis of physical evidence, as well as interview witnesses to determine what can be done. Providing all of the facts of your arrest to your attorney is the only way to know that they will be able to provide you with a comprehensive defense, as well, so as soon as you get in touch with legal representation, make sure that you go over all of the details of your arrest.

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In the state of Georgia, if you have been charged with driving under the influence, it is important to realize that you are not simply facing criminal charges. While, the charges associated with driving under the influence are extremely detrimental and carry with them severe penalties, they are not the only thing that you will have to concern yourself with. Immediately following your DUI arrest, you will have a mere ten days to request a hearing with the Georgia Department of Motor Vehicles (DMV). It is at this time that you need to connect with an Atlanta criminal defense attorney from The Law Office of Judy Kim, P.C.

During this hearing you will have the chance to fight to prove that you driver’s license should not be suspended. If you fail to schedule this hearing within the appropriate amount of time, you will face an automatic driver’s license suspension without any chance for recourse. For this reason, it is absolutely imperative that

you have the legal assistance of a skilled, professional defender who is well-versed in this area of the law. By working with someone who knows the complex and necessary steps, they cannot only help you schedule this imperative hearing, but also represent you in the hearing itself to fight for you to keep your driving privileges.

Representation for Your Hearing

Cases involving DUIs are no simple thing and if mishandled can turn sour very quickly. For this reason, you cannot leave your future at risk. Attorney Judy Kim knows how confusing the law can be, and is completely devoted to providing you with comprehensive, accessible legal advice. By keeping you informed and involved every step of the way, she can steer you clear of common mistakes and help defend your rights in every way possible. For help with your DUI defense, including things such as DMV hearings, contact DUI defense lawyer Judy Kim as soon as possible.

Atlanta DUI Lawyer Acts as Your Defense

Accidents that are caused by DUI are some of the most severe of all collisions, as noted by Atlanta criminal attorney Judy Kim. If you have been involved in an auto accident and were suspected of DUI, you may face serious criminal penalties in addition to any drunken driving charges you could be up against. Causing serious injury or death to another person by motor vehicle while under the influence of alcohol and/or drugs is a felony offense which may be punishable by up to 15 to 20 years in prison, depending upon the circumstances.

By becoming involved early in the DUI process, an attorney will be able to provide more effective defense strategies and help you during your DMV hearing, a

s well as in negotiations with the prosecution before your case ever goes to trial. Your liberty and your future are on the line in the case of a DUI auto accident, and the best thing you can do for yourself during this time is to consult with a defense lawyer before it’s too late.

Under Georgia state law, DUI manslaughter, referred to as “homicide by vehicle” involves the unlawful killing of another person by the use of a vehicle. This can be entirely accidental. If you are driving under the influence of alcohol and/or drugs and cause a DUI accident which results in another’s death, you will be charged with first degree homicide by vehicle, a felony offense that carries a sentence of 3 to15 years in state prison. If you are labeled a habitual violator, you may face a state prison sentence of 5 to 20 years.

Legal Consequences

DUI with injury, referred to as “serious injury by vehicle” in Georgia law, occurs when an individual causes amputation, disfigurement, brain damage or another serious injury by motor vehicle. This is a felony offense which may result in a state prison sentence. According to the National Highway Traffic Safety Administration, about 1 in 3 fatal motor vehicle accidents that occur each year involve a legally intoxicated driver, so the punishment has become only that much more severe for DUI offenders.

In addition to potential jail time, heavy fines, alcohol education and treatment, and increased insurance premiums, someone convicted of a DUI can expect for this to stay on their criminal record for the rest of their life. In Georgia, the law does not permit for the expungement of a DUI conviction, so if you have been involved in a DUI accident, it is important to defend yourself against these charges as soon as you have been arrested. You can contact an Atlanta DUI lawyer for effective representation both in and out of court.

Are tests accurate? Answers from an Atlanta DUI attorney!

Field sobriety tests involve three standardized tests, the horizontal gaze nystagmus, the walk and turn, and the one leg stand. Each test is designed to help a law enforcement officer measure the physical and cognitive functions of a suspected drunk driver when in the field. These tests subject to an officer’s opinion of your performance, however, and the results may be skewed by poor road or weather conditions, or a driver who is injured, ill, weary or nervous.

Using the innate faults of field sobriety testing, a defense attorney can work to prove that a field sobriety test failure was influenced by extenuating factors other than alcohol or drugs. If you submitted to and failed a field sobriety test, or if you refused to take a field sobriety test and were subsequently arrested for drunk driving, qualified legal representation may be able to help. At The Law Office of Judy Kim, P.C., a premier criminal lawyer can defend you after a DUI arrest in Georgia.

Different Types of Tests

There are three standardized field sobriety tests which may be administered in the case of an Atlanta DUI stop:

• Horizontal Gaze Nystagmus: the officer will have you follow an object or light with your eyes. He/she is looking for an involuntary side to side movement of the eyes, which is said to be an indication of intoxication.
• Walk and Turn: the officer will have you walk in one direction, heel to toe, for a certain number of steps and then turn and walk in the other direction. This test is used to test balance, coordination and the ability to follow instructions.
• One Leg Stand: the officer will have you stand on one leg with your arms at your sides. This test is used to test balance and the ability to follow instructions.

In some cases, field sobriety tests are a good measure of a person’s level of intoxication, but they may also be failed due to an individual’s weight or age, or due to an injury, illness, weariness or nervousness. A medical condition or other physical condition could also hinder an individual’s ability to perform a field sobriety test and pass. Therefore, the results should not be relied upon for a 100% accurate measure of intoxication.

According to §42-8-111 of the 2010 Georgia Code, should a defendant be criminally charged with their second, third or fourth DUI as part of their probation, they will be required to install an ignition interlock device (IID) in their vehicle. The time period of this installation will be for a period of six months and will be required in every vehicle that the person operates – this means every vehicle either solely or jointly leased, owned or driven on a regular basis.

Fees for IIDs

Repeat DUI offenders are those who are most likely to be penalized with the mandatory installation of an IID. Designed to promote safe driving practices, the IID’s purpose is to prevent drivers from operating a vehicle while under the influence of any amount of alcohol. As such, the device requires drivers to blow into it for a breath test before turning on their vehicle upon each new entry into the car.

Offenders who are ordered to have an IID installed in their vehicle will be held responsible for all related costs, including the purchase / lease of the device, as well as the fees for installation, maintenance, and ultimate removal. In some circumstances, however, a multiple DUI offender can be granted exemption of the state’s IID requirement. To do so, the defendant’s attorney must be able to prove in court that the fees associated with the installation and use of the IID would create a financial hardship for the driver.

How the Ignition Interlock Device Works

Upon installation, the ignition interlock device is connected to a vehicle’s ignition system, allowing for automatic use every time the vehicle’s engine is turned on. IID devices are pre-set to read for a BAC that is above the predetermined limit, which means that the vehicle will not start unless the person’s breath sample falls short of the limit. If at any given time while the car is in motion, a person’s breath test is higher than it should be, the vehicle’s lights and horn will be triggered. The honking and lights can only be discontinued by turning off the ignition or submitting a new, clean breath sample.

Along with submitting to frequent and random stops for breath samples (a process referred to as the “rolling re-test”), persons who are required to utilize an IID will also be held responsible for calibration of the device. The court specifies the frequency at which calibration should be executed, but it is up to the offender to make sure that this is maintained as it is expected to be. In fact, if the service fails to be conducted, a permanent lockout could result, preventing the vehicle from starting under any circumstances. In turn, the vehicle will need to be towed (again, at the owner’s expense) in order re-set the lockout phase.

Protect Your Rights: Contact an Atlanta DUI Lawyer

Dealing with an ignition interlock device is time-consuming, costly and inconvenient. Not only will you be required to pay for the device and installation, but every time that you start the vehicle up, you will be required to blow into the device to test your BAC in a way that is similar to a breath test. If no alcohol is detected on your breath, you will be permitted to start your car. As you drive, at certain intervals, you will be required to give subsequent samples.

At the Law Office of Judy Kim, an Atlanta criminal defense attorney understands the stiff consequences that are associated with something of this nature and fully recognizes the importance of defending against the possibility of it. For this reason, if you have been criminally charged with a DUI, it is highly recommended that you contact an attorney from the firm at once. To learn more about what can be done to protect your legal rights, contact The Law Office of Judy Kim, P.C.

What Only an Atlanta DUI Attorney Will Tell You

The initial police stop is the first part of any DUI case. A law enforcement officer will generally pull a driver over upon personal observation, a report of erratic driving, or a violation of a traffic law that indicates probable drunk driving. What many drivers do not know is that an officer must have probable cause to pull a driver over. This means that the officer must have more than just a sneaking suspicion that the driver is driving under the influence. The driver must have done more than simply leave a bar at closing time. The driver must have been swerving out of his or her lane, speeding, driving recklessly or otherwise driving in violation of traffic laws.

Conducting a complete investigation into the factors that led to your initial police stop is an important element of defense that your legal counsel should look into. Evidence of an unlawful DUI stop may actually be used to challenge the validity of your charges as a whole and may lead to the dismissal of key evidence against you. However, this can only be achieved after you contact legal representation. In fact, failure to align yourself with an Atlanta criminal defense lawyer could result in serious legal repercussions.

Determining Probable Cause for a Stop

• The officer observes behavior that may indicate drunk driving
• The officer pulls the driver over and asks for license and registration, taking note of any additional indicators of intoxication or drug use, such as bloodshot eyes or slurred speech
• Depending on his or her observations, the officer may ask the driver to step out of the vehicle and perform field sobriety tests
• Depending on field sobriety test performance and any statements the driver may make about how much he/she has had to drink, etc. the officer may make an arrest for DUI

If you believe that you were unlawfully pulled over without probable cause, you should discuss the facts of your arrest with an attorney immediately. Contact The Law Office of Judy Kim today.

Explanation from a DUI Lawyer

There are two sides to the DUI process in Georgia: the administrative license suspension hearing (ALS hearing) and the criminal court process. Having a skilled Atlanta criminal defense attorney at your side during all proceedings is in your best interests, as it will give you an advantage and help you reach a positive outcome for your case.

Steps Involved in the Process

• Arrest: Law enforcement can make an arrest for DUI if they find probable cause that you were driving under the influence. This is usually established by how an individual was driving, how the driver performed on field sobriety tests and any outward signs of intoxication which the officer observed. After your arrest, you will be asked to take a breathalyzer test or blood test to determine your blood alcohol concentration.
• Arraignment: This is the first court appearance for a defendant facing DUI charges in Atlanta. The defendant will enter a plea of guilty, not guilty or no contest, and a bail amount will be set. The defendant may also be released on his/her own recognizance.
• Trial: If no plea agreement is reached prior to the trial, the criminal trial proceedings will begin. The general rule is that offenses punishable by 6 months or more in jail will be tried by a jury, but a defendant may request a trial without a jury (where a judge will oversee the proceedings and deliver a verdict).
• Appeal: After a DUI conviction, you may be able to file an appeal in order to prove that a trial error occurred and therefore possibly have a chance for a re-trial or lesser sentencing.
• Expungement: Although Georgia law usually prohibits expungement, it may be possible to have a DUI conviction expunged from your record depending upon the particular circumstances. A lawyer can advise you as to whether or not you qualify.

Understanding the process of criminal proceedings after being charged with a DUI is elemental. To be prepared, you must understand your rights, what to expect, and how to defend yourself against unwanted penalties. It is crucial to have a knowledgeable lawyer by your side throughout the entire DUI process if you hope to defend yourself with an effective legal strategy.

Protect Against Penalties with an Atlanta DUI Lawyer

Becoming a habitual offender means that you have incurred multiple DUI convictions. The more times you are convicted of driving under the influence, the more severe the consequences become for each consecutive offense. The consequences of a second, third, or fourth DUI offense will be much more serious than a first-time offense, and could result in devastating circumstances for you in the future.

Multiple DUI convictions are considered to be consecutive offenses only if they happen within 5 years of the first offense, however, and for it to be considered a felony, it must be the fourth offense within 10 years. As defined by an Atlanta criminal attorney from The Law Office of Judy Kim, P.C., the penalties for additional DUI convictions are as follows:

Second Offense Within 5 Years:

• 90 days to 12 months in jail
• Up to $1,000 in fines
• 12 month probation
• License suspension for up to 3 years
• 240 hours of community service
• Mandatory alcohol education courses
• Ignition interlock device

Third Offense Within 5 Years:

• 120 days to 12 months in jail
• Up to $5,000 in fines
• 12 month probation
• License suspension for up to 5 years
• Mandatory community service
• Ignition interlock device

Fourth & Any Subsequent Offenses Within 10 Years:

• Becomes a felony offense
• Between 1 to 5 years in a state prison
• Up to $5,000 in fines
• License suspension for up to 5 years

If multiple DUI offenses included other factors like an accident, the presence of passengers, causing serious injury and/or death, property damage, etc., the penalties will also be greatly increased.

Adoption of Zero Tolerance Attitude

Georgia and many other states have adopted a “zero tolerance” attitude toward multiple DUI offenders, and their increasing severity in punishment is indicative of this. Particularly when facing multiple DUI charges, you will need a defense attorney on your side that can provide aggressive legal representation throughout the criminal process. Don’t wait to contact an Atlanta DUI lawyer for effective defense when you need it most.

How an Atlanta DUI Attorney Can Help

Out of state drivers are presented with unique difficulties when arrested for DUI in Georgia. The same criminal penalties apply for drivers from other states who are convicted for drunk driving in Georgia, but state officials will also report DUI convictions to the driver’s home state. Therefore, it can be guaranteed that administrative license suspension proceedings will occur in the home state of a suspected drunk driver as well. Even though the violation may have occurred in another state, once the driver’s home state is notified, they will be punished by the laws of their state.

Because Georgia participates in the Non-Resident Driver Compact, this means that they retain the right to charge Georgia citizens under their home state laws. The only states that do not participate in this Compact are Michigan and Wisconsin, but they may still be able to suspend a driver’s license in the case that an out of state DUI occurred within their borders. For the states that are part of the Compact, they will not be allowed to revoke the license of an out of state driver. Make sure that your rights are not violated and your license is not wrongly revoked by contacting an Atlanta criminal lawyer as soon as possible.

Penalties and License Suspension

Georgia law enforcement has no jurisdiction or right to confiscate a driver’s license which was issued in another state. They can, however, suspend or revoke a person’s driving privileges within Georgia and inform his/her home state of the DUI arrest and conviction. The person’s home state will then most likely suspend his/her driver’s license. For a Georgia driver that has been charged with a DUI in another state, the same penalties under Georgia law would apply, including:

• Jail time
• Fines
• Community service
• Probation

For any additional information about an out of state DUI, you should enlist the help of a knowledgeable home-state attorney. Since the same penalties apply when charged with a DUI in another state, you would benefit for talking to an attorney practicing in Georgia. If you would like more information on the defenses available for out of state DUIs, don’t wait to contact The Law Office of Judy Kim, P.C.

The Defense You Need: Atlanta DUI Lawyer

The consequences stemming from a DUI conviction are extremely serious and should not be taken lightly. From incarceration to monetary fines, the consequences can be long-lasting in nature. For example, for a first time offense of driving under the influence in Georgia could be slapped with a one year driver’s license suspension, up to a year of incarceration, and mandatory attendance in a Risk Reduction School. For each corresponding conviction (if within ten years of the previous), the penalties will increase in severity.

For a second DUI conviction, you will be faced with criminal penalties such as up to $1,000 in fine (plus probation fees), up to a year in jail (with all but 72 hours able to be served as probation), mandatory alcohol evaluation and a license plate confiscation. Your photo and disposition will be placed in the county paper and your driver’s license could be suspended for up to three years. A third conviction will bring similar consequences (although elevated), with the exception that you will now be declared a habitual violator and will be required to install an Ignition Interlock Device into your vehicle.

Things will become trick if you are charged with your fourth conviction, as it will be charged as a felony. For this, you will be at risk of receiving up to five years in jail (with all but 90 days served as probation). You will also face a $5,000 monetary fine and be at risk of seizure and forfeiture of your motor vehicle. The requirements of all previous convictions will also put you at risk. The most effective way to avoid such penalties is with the help of an Atlanta criminal attorney from The Law Office of Judy Kim, P.C.

One of the most inconvenient penalties is that of driver’s license suspension. Driving is an important and vital aspect to many people’s everyday routine. Whether used to help get to and from school, to work, to important appointments or to help carry out errands, the act of driving is often taken for granted as a necessity. If this is taken away, many people will find themselves struggling to carry on in an ordinary manner. Although public transit is available, this is much slower, time-consuming and inconvenient. For many people, it might not even be a viable option.

It is therefore extremely important to do everything possible to defend against the possibility of a license suspension. You cannot risk having your driving privileges taken away from you – and you certainly cannot afford to treat it flippantly. To ensure that you are doing everything possible to be proactive and aggressive as you fight to defend your legal rights.

The Law Office of Judy Kim, P.C. understands the importance of having aggressive legal counsel and is therefore unwaveringly devoted to ensuring that her clients receive nothing less. By never being satisfied with subpar assistance, she has proven over the years that she truly has what it takes to protect her clients against the possibility of conviction, including by helping clients fight license suspension in a DMV hearing. If you choose to work with her firm, you will be able to be confident knowing that you will have an aggressive lawyer on your side willing to go the distance for your best interests.

Atlanta DUI Attorney for License Suspensions

The majority of driver’s license suspensions in Atlanta occur as the result of driving under the influence. DUIs often happen when a person with a blood alcohol content (BAC) of over 0.08 decides to operate a motor vehicle in their intoxicated state. An officer will stop all suspected drunk drivers and ask them to take a field sobriety test. The officer may also ask you to take a breath or blood test to determine BAC.

If a police officer finds that you are driving or operating a vehicle under the influence of drugs or alcohol, you will be arrested and taken into police custody. At this time, your driver’s license will be suspended and you will be issued a temporary driving permit. Anyone who finds themselves accused of DUI should get in touch with a skilled DUI attorney as soon as possible to avoid a conviction and permanent criminal record.

The 10-Day Rule

If you were arrested for DUI and consequently lost your driver’s license, you’re in luck! The state of Georgia gives you the opportunity to try and save your driver’s license. All drivers arrested for DUI can schedule a hearing with the Georgia Department of Motor Vehicles to contest the suspension of their driver’s license. However, you only have 10 business days from the date of your arrest to schedule your hearing. Failure to schedule a hearing within 10 days will result in the automatic suspension of your driver’s license for one year. In addition, you may lose the right to a DMV hearing altogether.

You do not want to miss out on this chance to contest your license suspension. Enlisting the support of an experienced attorney before your license suspension hearing can enhance your chances of having a favorable outcome. A DUI lawyer with strong background in such matters is often the key component of a successful fight to retain your driving privileges. For the defense you need, contact Atlanta criminal lawyer at The Law Office of Judy Kim, P.C.

Defense Designed for You

If your license has been suspended, it’s crucial that you contact a skilled defense attorney to represent you at the hearing. Your hearing is your one chance to fight for your right to drive. Do not leave yourself vulnerable to a driver’s license suspension by failing to obtain competent legal representation. Atlanta DUI attorney Judy Kim has helped thousands of clients protect their driving privileges, and she can do the same for you. She will present a tough defense on your behalf and contest any bogus or unreliable claims presented by the prosecution.

Judy Kim also defends people in Atlanta whose driver’s licenses are up for suspension as the result of other types of traffic violations. When a driver accumulates too many points on his/her driving record, he/she may lose his/her driving privileges for a period of time. Whether you’ve been arrested or cited for reckless driving, driving without a license, racing, vehicular manslaughter, hit & run, or any other offense, The Law Office of Judy Kim can provide you with the defense you need to preserve your right to drive!

Your driver’s license is not something you should put in jeopardy. Without your driver’s license, it will be very difficult to get to work, school, and other places you need to go. Don’t subject yourself to the headache or inconvenience of living without a license. If you are facing a suspended license, Attorney Judy Kim can provide you with the defense you need to fight your suspension and protect your license. With over a decade of defense experience in Atlanta, she knows how to handle these types of cases and effectively challenge your suspension. To schedule a free consultation with a lawyer who is truly committed to helping you preserve your driver’s license, please contact Attorney Judy Kim at (404) 839-2300.

Atlanta DUI Lawyer

A criminal charge of driving under the influence is never something to take lightly. The ramifications that can stem from a successful conviction are serious and can have long-lasting affects – for this reason, the very best thing that you can do for yourself is to seek out aggressive criminal defense lawyer that you can trust to help defend your legal rights. This is especially true if you are facing criminal charges that include aggravating factors. Protect yourself and your rights with the experienced representation that Atlanta criminal defense attorney Judy Kim has to offer.

In the state of Georgia, an underage driver only has to have a blood alcohol concentration of over 0.02 to be criminally charged with driving under the influence. This, however, can be achieved by consuming very little alcohol; there is a very good chance that the driver who not under the influence at all. This penalties, however, that correspond to this time of criminal charge are nothing to be flippant about. If you have recently been pulled over for a DUI and under the legal drinking age, you will be facing penalties that are remarkably severe, including a six month driver’s license suspension, up to a year incarceration, up to $1,000 in fines, and a minimum of 40 hours of community service.

It is also important to realize that the penalties will vary depending on whether the BAC was between 0.02 and 0.08 or if the underage driver was over the legal limit even for over 21 drivers. If the BAC was over 0.08 or if the underage driver refused to submit to a breath test, the driver’s license suspension will be for twelve months. Due to these severe penalties, if you are facing something of this nature, you cannot leave your future up to the whims of chance. It is vastly important that you have an aggressive lawyer on your side that you can trust to go the distance in their efforts to protect you. The law is tough – you need to be confident that your attorney is tougher.

Defense for Minors: The Law Office of Judy Kim, P.C.

At The Law Office of Judy Kim, P.C., you can breathe easier knowing that you will have a tenacious and experienced advocate on your side willing to the distance in their efforts to protect your legal rights. Founding attorney Judy Kim has proven over the years that she truly understands the nuances of criminal cases and stands ready to protect your legal rights regardless of the situation that you are facing.

What does BAC mean?
The abbreviation BAC stands for blood alcohol content or blood alcohol level, and is a commonly used metric for determining the amount of alcohol intoxication in an individual. BAC is usually expressed as a percentage of alcohol in someone’s blood, and a BAC of .08 means that 0.08% of a person’s blood is alcohol by volume.

How can a lawyer help me, if I failed a breath test or blood test?
Even if you took a breathalyzer test and failed, or if you failed field sobriety tests, a skilled DUI defense lawyer can still work to defend your rights and contest these test results in court and at your DMV hearing. There are a number of ways a breath test or blood test may be improperly administered, and also a number of mistakes the person who administers the test may make. An experienced attorney will be able to evaluate your charges and determine how to best defend your case, even in the face of these failed tests.

What happens if I refuse a breath or blood test?
Refusing a breath test or blood test will result in the automatic suspension of your driver’s license, regardless of whether you were actually under the influence or had a blood alcohol level of .08% or higher. This is covered under Georgia’s Implied Consent Law. When a person gets his/her driver’s license, he/she is agreeing to submit to chemical testing to determine his/her blood alcohol concentration, on suspicion of DUI.

What is the 10 day rule?
In Georgia, after a person has been arrested for DUI (driving under the influence) he/she has only 10 days to schedule an ALS (administrative license suspicion) hearing with the Department of Drivers’ Services, regarding the suspension of his/her driver’s license. The failure to schedule this hearing within 10 days will result in the automatic suspension of his/her driver’s license, on the 31st day after the date of arrest. This suspension will occur regardless of whether the driver is actually convicted of DUI or not.

Do I need an attorney at my administrative license suspension hearing?
While having a DUI defense attorney present at your ALS hearing is not mandatory, it is definitely beneficial. Your driving privileges are important, and trying to represent yourself at your hearing can be confusing and extremely difficult. An experienced Atlanta DUI attorney can schedule your ALS hearing and provide you with representation at the hearing in order to help you achieve a better outcome.

What is the legal limit for a driver under the age of 21?
A driver who is under the age of 21 may be arrested for DUI if his/her blood alcohol concentration is .02% or greater.

Can I get a restricted license after a DUI conviction?
In some cases, you can apply for and obtain a restricted driver’s license after a DUI conviction. This license will allow you to drive to and from work and school and to perform essential household duties. After a first Atlanta DUI conviction, you may apply for a restricted license after a certain amount of time has passed (usually 30 days). After a second conviction, you must wait 1 year to apply and must meet other qualifications. An Atlanta DUI lawyer can help you in applying for a restricted license.

What are some of the types of penalties I might face for a DUI conviction?
A DUI conviction may result in a number of various penalties: jail time, fines, court fees, driver’s license suspension, DUI Alcohol or Drug Use Risk Reduction Program, probation and more.

Is there mandatory jail time for a first DUI conviction?
Mandatory jail time of 24 hours is required for a first DUI conviction, where the driver’s blood alcohol level is at or above .08%. However, the judge may suspend or waive this jail time, depending upon the particular case and also the skill of the defendant’s DUI defense lawyer.

What types of field sobriety tests do law enforcement officers use the most?
Back in 1981, the National Highway Transportation Safety Administration created a standardized model for field sobriety testing that uses a combination of three different tests to determine a driver’s level of intoxication. These field sobriety tests are the Horizontal Nystagmus Test, the One-Leg-Stand Test, and the Walk and Turn Test. The first test, the Horizontal Nystagmus Test, is considered to be the most accurate field sobriety test because it tests the brain’s ability to control the eye muscles. During the test, the subject must keep his or her head still and follow the moving object with only his or her eyes until they are told to stop. The officer conducting the test will look to see if the suspect’s eyes are tracking together and will make sure that both pupils are the same size.

The second test, the One-Leg-Stand Test, requires a subject to stand on one leg while raising the other leg off of the ground and counting out loud for thirty seconds. Lastly, the Walk and Turn Test involves walking in a heel-to-toe manner on a line and following instructions from an officer to start and stop. There must be certain conditions present in order for this test to work, such as a dry and stable ground, and the officer may suspect a driver to be intoxicated if the driver steps off the line, staggers or stumbles during the test.