Burns Smith Law, P.C.

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Burns Law Group
Street Address 391 E. Main Street
City Canton
State/Province Georgia
Zipcode 30114-2708
Phone info@baslg.com
Fax 770-956-1404
Email info@baslg.com
Website http://www.baslg.com/
Facebook Page https://www.facebook.com/Burns-Speights-PC-345005702266156/
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DUI Lawyers

DUI Lawyers in Cherokee County GA

Arrested for DUI in Georgia? Are there additional charges? Our DUI and criminal defense lawyers can help you get through the situation. Whether it’s a DUI Less Safe, 1st DUI, 2nd DUI, 3rd, under 21 DUI, or felony DUI we have the experience to manage any impaired driving case. This includes common additional charges such as open container, obstruction, evading and eluding, resisting arrest, possession, suspended license, no proof of insurance, expired registration, resisting arrest, obstruction of a police officer, and more.

Don’t Lose Your Driver’s License!

In Georgia, per the DUI 30-day rule, revocation of your driver’s license will be automatic unless specific actions are taken within 30 days. We will make preserving your driving privileges a top priority.

Upon arrest for Driving Under the Influence, per Georgia law § 40-6-391, a driver is subject to having their driver’s license suspended. The arresting officer should have given you a DDS-1205 Form which serves as a notice regarding license suspension. The accused has 30 days from the date of arrest to file a formal appeal of that suspension. During the 30-day period the State will not suspend your license.

What should you do now? Arrange a confidential discussion with a top DUI lawyer to get answers to your questions, and learn potential outcomes. If you hire us, we can start almost immediately to protect your license and get started on your case. Call 770-341-1552 or send a message

How We Can Help You

As part of your DUI defense lawyer services, we will review the arrest record, evidence, and reach out to the prosecutor’s office for an initial discussion. After a discussion with the prosecutor we will have a decent understanding of how difficult your case may be. Depending on particulars of a case, we can seek dismissal of charges, negotiate for reduced charges (i.e., reckless driving), negotiate a plea, or represent you in a court trial.

Time is not on your side, and neither is the prosecutor’s office. We are here to help you get the best possible outcome. Our job is to challenge the legitimacy of the arrest and otherwise fight to mitigate the severity of any consequences or penalty.

We’re 24/7 DUI Lawyers!

Our DUI lawyers are available 24/7 by calling 770-341-1552During normal business hours you may be able to speak with a DUI lawyer right away, or make an appointment for a FREE CONSULTATION.
After normal office hours, simply leave a message and a DUI lawyer will return your call within 2 hours (unless your message requests a later time).

DUI Punishments, Penalties, Consequences

Georgia has formal DUI Sentencing Guidelines which come into play if you are convicted of the charges. Among the potential penalties and punishments are:

  • Towing Fees
  • Bail Bond Fees
  • Arrest Record
  • Fines and Court Costs
  • Community Service
  • Jail/Prison Time
  • Probation (for at least 1 year)
  • Risk Reduction Program
  • Defensive Driving School
  • Substance Abuse Evaluation
  • Install Vehicle Interlock System
  • Probation
  • Increased Vehicle Insurance
  • Loss of CDL Driver’s License
  • Loss of CCW Permit

What is Under the Influence?

There are several ways DUI laws can lead to a DUI arrest in Georgia. Obviously, the most common way to get a DUI is from using alcohol. a DUI Less Safe can result from the use of other substances.

A charge of Less Safe can result from being under the influence of prescription drugs, over-the-counter medications, marijuana, narcotics, opiods, illegal drugs, and various controlled substances.

Related Felony DUI Charges

In a DUI arrest in Georgia, certain circumstances can automatically escalate a basic DUI charge to a severe felony crime. Among these circumstances are:

DUI with Motor Vehicle Accident

A DUI with a motor vehicle accident can warrant a felony charge if it caused another person to be seriously injured or killed. The charge of “Injury by Vehicle” can result in a prison sentence up to 15 years, a fine up to $100,000, and other common DUI punishments. The charge of “first degree homicide by vehicle” is a felony offense that can result in a prison sentence of 3-15 years, a fine up to $100,000, and other common DUI punishments.

DUI with Minor Passenger(s)

A driver charged with a 3rd DUI, who was found to be driving with a passenger under 14 years of age can be charged with DUI child endangerment. This charge can result in a sentence of one to five years in prison, and a fine up to $10,000. Each passenger under the age of 14 will bring an identical, but separate, count of child endangerment.

Punishments: A first or second conviction can bring up to 12 months in jail and up to a $1,000 fine. A third (or beyond) conviction can bring up to five years in prison and up to a $10,000 fine.

Additionally, if applicable, you can lose custody of the children involved.


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