DUI Lawyer in Athens, Georgia

When you work with Kim T. Stephens and the rest of our legal team, all necessary documents will be filed on your behalf within thirty (30) days of your arrest as required by law. We will also represent you at your ALS hearing to fight to ensure that your driving privileges are fully protected.

Attorney Stephens and his legal team will fully investigate your case by sending open records requests, filing discovery motions, interviewing witnesses, and/or hiring experts, if necessary, to challenge all aspects of your arrest to ensure your rights are protected and to secure the best possible outcome. Law enforcement officers must have probable cause to stop and arrest you, and they must comply with all legal requirements established by Georgia law to prove the elements of a DUI case. Remember, you are presumed innocent. We take this presumption very seriously.

• Possible jail time up to one year
• Fine of $300 minimum, up to $1,000 + taxes/surcharges
• License suspension of up to one year
• 40 hours of community service, minimum mandatory
• $210 license reinstatement fee
• Alcohol/Risk Reduction School
• Substance Abuse Evaluation
• Victim Impact Program

• Minimum mandatory 72 hours in jail, usually longer, possible jail time up to one year
• Fine of $600 minimum, up to $1,000 + taxes/surcharges
• License suspension of three years
• Minimum 30 days community service
• $210 set license reinstatement fee
• A mandatory clinical evaluation and, if indicated, completion of a substance abuse
• treatment program at the offender's expense
• Alcohol/Risk Reduction School
• Victim Impact Program

• Minimum mandatory 15 days jail time, usually much longer, possible one year in jail
• Fine of $1,000 minimum, up to $5,000
• License revocation for five years
• Minimum mandatory 30 days community service
• Violator's name, photo, and address published in local newspaper at violator's expense
• License plate for his/her vehicle will be seized by the sent to the court and forwarded to the Department of Motor Vehicle Safety
• Face a mandatory clinical evaluation and, if indicated, completion of substance abuse treatment program at the offender's expense
• Alcohol/Risk Reduction School
• Victim Impact Program

• Between 1 - 5 years in prison 
• 10 years of driver's license suspension
• Fines of $1000 - $5000
• 60 days (480 hours) of community service 
• DUI School
• Surrender of license plate
• Mandatory counseling for alcohol and drug abuse
• Photo publication in the legal organ of the defendant's home county
• Potential DUI Court in jurisdictions that have the program
• Status of being a convicted felon for life. 
• Any other reasonable penalties associated with a felony conviction

• Felony conviction
• Between 1- 5 years in prison
• Fines of $1000 - $5000
• 30 days (240 hours) of community service (unless the sentence is for more than 3 years)
• DUI Risk Reduction School
• Clinical Evaluation and treatment as required
• Surrender of license plate
• Potential DUI Court or Drug Court
• Ignition interlock required to get a permit to drive after at least 2 years of hard suspension
• Status of being declared a convicted felon for life
• Potential Probation Revocation because a person charged is likely still on probation for their DUI
• Any other reasonable punishments associated with a felony conviction

Punishment for drivers who have had prior DUI convictions depends on both the number of prior offenses and the severity of the current offense.

• Georgia has a 10-year "look back" period when determining required statutory enhancements in a person's punishment if convicted.
• Georgia has a 5-year "look back” period when determining the driver's license consequences of a person's DUI offense.
• Georgia's "look back" period has never prevented a judge or prosecutor from deciding whether to hold a prior offense against someone accused of DUI. The "look back" period only refers to mandatory penalties and punishments.  In practice, most courts punish people based on their entire criminal record, not just the number of offenses in the past five or ten years.

The penalties for a CDL driver convicted of a DUI in Georgia are the same as any other driver except insofar as their privilege to operate a commercial vehicle.

• After a first DUI conviction, a CDL driver will lose their commercial license for at least one year.
• After a second DUI conviction, a CDL driver will lose their commercial license for life.
• A CDL holder can get an ordinary limited permit to drive, after a first DUI conviction.
• A CDL holder cannot drive a commercial vehicle with an ordinary limited permit.
• If a CDL license holder elects to install an ignition interlock, under the Georgia administrative license law which requires a decision within 30 days of a person's arrest, he or she cannot drive a commercial vehicle with the interlock device. 

The following list, from most likely to least likely, include possible signs of a drunken driver. This list was developed by the National Highway Traffic Administration.

• Negotiating a wide turn
• Straddling along the central marker between the lanes
• Appearing to be drunk
• Near misses or hitting either another vehicle or an object
• Weaving between lanes
• Driving off of designated highway
• Swerving within the lane lines
• Speeding over 10 mph above the designated speed limit
• Questionable stops in traffic lanes
• Tailgating
• Drifting
• Driving over center marker between lanes
• Excessive braking
• Driving against traffic
• Questionable signaling
• Delayed reaction to traffic signals
• Inappropriate stopping or slowing
• Illegal or unwarranted turns
• Accelerating or slowing down quickly
• Driving without headlights on

By law, an individual is not required to answer any questions that could incriminate them. An individual is allowed to ask to speak with an attorney before answering any questions. If you do state that you have been drinking, your admission will be used against you in your case.

Police officers are trained to looks for specific signs:

• A flushed, or red, face
• Red, watery, glassy and/or bloodshot eyes
• Alcohol breath
• Incoherent or slurred speech
• Struggling to retrieve their license from a wallet
• Inability to comprehend the officer's questions
• Difficulty when exiting the vehicle
• Unable to stay balanced while standing
• Using the vehicle for stand support
• Aggressive or other inappropriate attitude
• Soiled, rumpled, disorderly clothing
• Inability to keep balance while walking
• No knowledge of time or current location
• Inability to comprehend and/or follow direction

The police officer has several test options available. The most common are:

• Finger-to-nose
• Horizontal gaze nystagmus (HGN)
• Heel-to-toe walk
• Reciting of the alphabet
• Hand pat
• Fingers-to-thumb
• One-leg-stand
• Modified position of attention (the Rhomberg test)
• Studies funded by the National Highway Traffic Safety Administration have concluded that only three of these tests are reliable in determining if a driver is intoxicated: Heel-to-toe, one-leg-stand, and the horizontal gaze nystagmus test. These three tests use numerical scores which are specific to the suspect's actions. The study also concluded that the other FSTs are unreliable and should be discouraged from being used.
• The officer has most likely already made his judgment and decision of arrest before requesting a field sobriety test. When the suspect fails it is only validation for the officer and serves as additional evidence. Unlike the chemical tests, refusing to take a FST does not have any legal consequence. Politely declining the FST could be a valid option for a driver suspected of DUI to take.

This test is called the horizontal gaze nystagmus (HGN) test. Nystagmus is the medical term that describes a particular eye oscillation. The steadiness of the eyes while following the pen and the degree at which the eyes begin to move erratically indicate the level of alcohol in the blood of the suspect. The police officer attempts to determine if the angle of the eyes are less than 45 degrees. An angle of less than 45 generally indicates a blood-alcohol level of .05% or greater.

In Georgia, the most popular choices are the breath and blood tests. Should a breath or blood sample not be available or there be a suspicion of drug use, a urine test could be taken as an alternative. After first submitting to the requested tests, you have a right to a test of your own choosing at your own expense, usually a blood test. If you decide to take the state administered test, you should request an independent test.  

• Blood tests are the most accurate of the chemical tests. The technology used in the breathalyzer is known for its flaws and errors that create inaccurate test results. The urine test is the least accurate of the choices.

DUI attorney fees will vary depending on several factors including but not limited to:  reputation, experience, specialization, accident/injuries, speeding, children in car, blood-alcohol level, test refusal, prior criminal record, and more. Make sure to consider the experience and reputation of the attorney as well as their ability to expose weaknesses in prosecution cases.

At the Law Offices of Stephens and Brown, our fees do not include any hidden charges. We accept credit cards, debit cards, checks, money orders, and cash money. We pride ourselves in offering the highest quality representation at a competitive cost. We look forward to helping you. Feel free to contact us at any time to discuss fees without any obligation or cost.

The charges involved in DUI cases are a complex subject and can be difficult to follow. The penalties are becoming gradually more severe and dealing with a case includes a multitude of issues including administrative license suspension, evidentiary, constitutional, and procedural matters, and, potentially, sentencing issues.

An attorney that does not specialize in criminal and DUI law, usually a lawyer with a general practice doing divorces, personal injury, and other areas of law, will have little to offer or possibly even hurt your case because they are generally not qualified or inexperienced for such a particular field. 

Attorney Stephens and his legal team will fully investigate your case by sending open records requests, filing discovery motions, interviewing witnesses, and/or hiring experts, if necessary, to challenge all aspects of your arrest to ensure your rights are protected and to secure the best possible outcome. We pride ourselves in offering the highest quality representation providing clients with a powerful defense and professional advice. We look forward to helping you. Call us at 706-548-3933 today so that you do not risk waiving any of your rights.