Attorneys at Miller North & Brill can assist individuals wrongly accused or convicted of criminal offenses. Our attorneys have extensive experience representing clients with DUI charges against them and helping to minimize punishments through our skilled legal representation.
In GA, you can be charged with a DUI violation if you have a blood alcohol content (BAC) of 0.08 or above or if you’re determined to be under the influence of illegal substances or an excess of prescription drugs while driving. For minors under the legal drinking age, an arrest will result from a BAC of 0.02 or higher.
Drivers of commercial vehicles will be charged with a DUI if their BAC level is 0.04 or more. Impaired driving from intoxication is considered, under Georgia law, to be operating a motor vehicle while under the influence of alcohol and/or drugs.
Additionally, you can be charged with drunk driving even with a BAC result that is within the legal limit. In these instances, the driver can be arrested for a “less safe DUI” violation if they refused to submit to a breathalyzer test or if the prosecution provides evidence that the defendant’s driving ability was negatively impacted, even if their BAC was found to be less than 0.05.
Depending on the details of your specific case, the potential penalties for a DUI conviction can vary. It’s the goal of your criminal defense attorney to provide enough strong evidence that you were not driving while intoxicated or were not impaired by the legal amount of substances in your system; they also can strengthen the defense against you by weakening the prosecution’s case through suppressing of evidence or pointing out flaws in their argument.
A DUI lawyer may argue that the results from the breathalyzer test are inaccurate due to faulty or malfunctioning equipment or other obstructing factors such as the weather/environment or the officer incorrectly administering the test. Your lawyer may also provide evidence that the officer or prosecutors illegally obtained evidence, thus rendering it inadmissible in court proceedings.
If the law officer had no probable cause to stop you for the suspicion of DUI or if the prosecution fails to provide sufficient proof that the defendant’s driving was less safe due to intoxication, the charges are likely to be dismissed. Other unlawful actions from police officers before and during the arrest or any violations of your constitutional rights may also weaken the case against you.
Another possibility may be that you choose to go forward with a plea bargain, admitting your responsibility for the criminal offense. This approach is likely to result in a shortened process overall as well as a lighter sentencing of the crime’s potential penalties.
Possible punishments for a first DUI conviction include a suspension of your driver’s license lasting between one and three years, between $300 and $1,000 in fines, and a minimum of 40 hours of community service. Offenders may also face a jail sentence ranging between 10 days and a year and 12 months of probation, which is mandatory to complete in full. Sometimes, the judge assigns the defendant to complete an alcohol education course.
A second DUI conviction has similar potential penalties, including at least 90 days up to one year of jail time, paying fines ranging between $600 and $1,000, and at least 30 days of community service. Felony DUI convictions have harsher penalties, and even a first DUI charge may be deemed a felony instead of a misdemeanor if the dangerous behavior results in death or serious injury.
A: In Georgia, you cannot get a DUI charge off your record if you were convicted; upon being found guilty of driving under the influence, the arrest and conviction will stay on your criminal record and show up on background checks permanently. A DUI arrest may be removed from your record if you were not convicted or your case was dismissed.
A: In Georgia, a DUI conviction will stay on background checks for the rest of your life, even if it occurred a decade or two ago. If you weren’t actually convicted of the charges, then it is possible for the arrest to be expunged from background checks and your criminal record. Otherwise, the DUI will permanently remain and be visible to potential employers, possibly causing difficulties in obtaining or keeping a job.
A: In the state of Georgia, a DUI can affect your insurance for up to three years after your conviction. You may be viewed as a high-risk driver and more likely to get into accidents. Insurance companies are able to raise your rates by several hundred dollars or more each year in addition to potentially requiring that you carry high-risk insurance, which is costlier.
A: A DUI will be deemed a felony in GA under certain circumstances, such as if the driver left the scene of an accident they were involved in, committed vehicular homicide, or caused serious injury to someone else or if they have been convicted of three or more DUIs within a ten year period.
Don’t hesitate to reach out to one of our qualified and experienced defense attorneys at Miller North & Brill if you’ve been charged with driving under the influence of alcohol or drugs. Our legal professionals are eager and equipped to provide you with quality representation and assist you every step of the way.
]]>Homicide is the general term that is used to describe the killing of a person by another person. There is no specific crime under the name of homicide. It could be lawful or unlawful, with or without malice and intent. Murder and manslaughter of all kinds fall under the umbrella of homicide. The penalties for each depend on the type of homicide committed, as well as the specific circumstances of the crime.
Murder, also called malice murder, is the most severe form of homicide. Georgia is one of the few states that only recognizes one degree of murder. There is no difference between premeditated murder, planning and intentionally following through with the killing, and what might be referred to as a spur-of-the-moment killing. The penalties are the same regardless. The only thing that matters is that, in both cases, there is intent to cause another person’s death.
A person commits an act of murder if they unlawfully cause the death of another person with express or implied malice aforethought. Express malice is classified as the intent to take someone else’s life deliberately and unlawfully, shown by external circumstances that can be proven.
Malice is implied when there is no substantial incitement, and all circumstances surrounding the crime indicate hostile intentions. This type of homicide can result in life in prison, life without parole, or the death penalty.
Felony murder is the second distinction of murder in the state of Georgia. In order for a homicide to be classified as a felony murder, an offender has to be committing a felony when they cause the death of another person. For example, if someone is attempting to burglarize another person’s home and kills that person by accident, they will have committed a felony murder. Regardless of malice or intent, the penalties are the same as malice murder.
Despite the state of Georgia only recognizing one degree of murder in most cases, the second-degree murder statute was created in 2014 to specifically address the deaths of children caused by the negligence of another person. The exact definition of second-degree murder is causing the death of another person while committing child cruelty in the second degree. The penalty is between 10 and 30 years in prison.
In Georgia, voluntary and involuntary manslaughter are both serious crimes and can be punishable by several years of prison time. However, with the help of a skilled attorney, you may be able to have your charges reduced.
Involuntary manslaughter happens when someone causes the death of another person while committing an unlawful act or while committing a lawful act in an unlawful way that could cause severe physical harm or death. Illegal or reckless behavior without malice and without the intent to kill are important factors in determining if a killing can be classified as involuntary manslaughter. A person convicted of this crime faces between one year and 10 years in prison.
The voluntary manslaughter offense occurs when someone kills another person intentionally. The person would have to be acting only on a sudden violent passion due to some kind of incitement that is enough to drive any reasonable person to that point of violent rage. An example of this could be catching your spouse having an affair, and, in the heat of passion, you kill your spouse or their lover. This kind of homicide still carries a heavy penalty of up to 20 years.
Both murder and manslaughter are considered homicides by law. The main difference between manslaughter and murder is the intent to kill, which is one of the most essential factors in a homicide case. With manslaughter, whether voluntary or involuntary, there is no intent to kill the other person. Murder typically involves the intent to kill and carries a larger prison sentence than manslaughter.
In Georgia, there are technically three murder distinctions: felony murder, malice murder, and second-degree murder. While felony murder does not require the intent to kill the way malice murder does, it still carries the same penalty. Second-degree murder, involving the murder of children, carries a lighter prison sentence than felony and malice murder.
Yes, manslaughter means you killed someone unlawfully, but you did not have the intention to take someone else’s life. There is no premeditation or intent to kill. The level of blame with manslaughter is less serious than that of murder. Oftentimes, there is some negligence or recklessness involved when manslaughter is committed.
Yes, in the state of Georgia, murder is considered a felony. It is the most serious homicide crime, and those faced with a murder conviction can face possible penalties that include a life sentence in prison without parole and, on some occasions, the death penalty. Penalties vary based on the circumstances of the crime.
Homicide charges are not to be taken lightly, especially in a state that still allows the death penalty. Any kind of homicide is a serious crime that can possibly result in you facing decades in prison or even death. If you’d like to build a strong defense and increase your chances of seeing a favorable outcome from your case, you will need a dedicated and qualified defense team to help you. Contact Miller North & Brill today to learn what we can do to serve you in this difficult time.
]]>Georgia recognizes the Second Amendment of the United States Constitution. This allows residents to purchase their own guns and ammunition for both personal safety and recreational activities, like hunting. The state does not require a permit to purchase a gun or pose any mandates that owners need to register their firearms once officially in their possession.
There are some exceptions to who is allowed to own a gun in Georgia. If you are a convicted felon, this right is no longer a condition of your citizenship. The same is true for anyone who has a concerning history of mental illness, as the state requires these individuals to seek treatment and await an official recommendation from a therapist that the illness has been rectified before being allowed to purchase a gun again.
One of the most significant changes to Georgia gun laws in 2024 involves the concept of concealed carry. Georgia now issues Weapons Carry Licenses (WCL) for any resident who wants to be able to carry their firearms with them in public spaces.
To qualify for a WCL, you must meet three core criteria:
After obtaining a WCL, you are welcome to conceal your weapons and carry them around Georgia as you like. There are a few exceptions to where you can bring a gun, even with a WCL, like specific government buildings, schools, or places of worship.
If you plan to own a gun in Georgia, you must also be aware of the state’s firearm restrictions. These include:
While some states impose limits on how many rounds a magazine can hold, Georgia has not issued any limitations to this. This is a notable policy for those who are interested in hunting, where they may prefer to use a higher-capacity magazine.
Georgia follows the “stand your ground” law in 2024, which means that an individual is allowed to use deadly force in self-defense if ever put in a situation where they are unable to retreat. There also must be a clear threat of violence against the individual to show that they acted to prevent death, serious bodily harm, or to prevent someone else from being harmed. It’s important to remember you need to be in a place where you have a legal right to be in order to use this level of force as self-defense.
Anyone who wants to buy a gun in Georgia must adhere to federal background check laws. This check will look for any hits in the National Instant Criminal Background Check System (NICS), which would provide results on an individual’s criminal or mental health history if any records exist.
If any records come up after this search, you may be restricted from buying the gun and have to escalate the issue if you believe you still have the right to finish the purchase. On the other hand, there are no state laws in Georgia that require a background check for any private sales of firearms between individuals, such as friends or family.
Anyone looking to purchase a rifle or shotgun in Georgia who is not considered a permanent resident is still able to do so under federal guidelines. However, there may be additional laws that need to be followed depending on what state the individual is a resident of.
This can sometimes complicate matters and result in a denial of purchase if there is any suspicion that an individual is trying to purchase a gun in Georgia because they would otherwise be denied from the state they’re coming from. To avoid potential legal issues, be sure to fully understand the requirements of both states and be prepared for any questions about the integrity of your purchase.
The rules on transporting firearms in Georgia will vary based on your gun-specific qualifications. If you have not secured a WCL, all firearms must be transported unloaded, and kept secure in a compartment such as the trunk of a car or lock box. This is to ensure they are not readily accessible.
If you have been approved for a WCL, you are allowed to transport a loaded firearm. These specific transportation regulations are designed to ensure that only those who have been officially reviewed and approved by the state are granted permission to travel with a loaded gun.
The decision on whether to allow or prohibit guns at work largely rests on each employer to make the call. Employers have certain authorities to set their own policies regarding firearms on their premises and can differentiate between allowing guns inside the building or requiring them to be left in the parking lot. This means that despite Georgia state law that does allow those with a WCL to carry guns around, an employer still can ban firearms entirely from their premises.
When hired by a new employer, be sure to ask what their policies are regarding firearms to ensure you remain compliant throughout your tenure.
If you have any questions regarding gun laws in Georgia, feel free to contact our attorneys today. We are well-informed on the nuances of when and where you are able to have a gun in the state and would love to educate you on these laws or support you in any legal counsel you may need.
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