Can you be convicted of DUI if the results of a blood or urine test are positive for a controlled substance that you are not prescribed, even if the drug does not impair your ability to drive?
Whether to refuse the breath test in a DUI case and, if so, how to refuse is one of the most frequent topics that I am questioned about. This article addresses this important issue.
Legal Fees in Your
Georgia DUI Case: What you should expect From Us (And Any Other Georgia DUI
Attorney)
When you retain our office in your Georgia DUI case, we will agree upon the
total expenses that you will pay us for representation in your Georgia DUI
case. We do not charge DUI clients on an
hourly basis. Most experienced Georgia
DUI lawyers have long since abandoned hourly charges. When you retain us,
you will know the total amount of fees that you may expend in your case. You
will not have to worry about receiving a billing statement with an astronomical
number of hours being assessed to you.
We may well spend an astronomical amount of time on your case, but that
is what we expect and your costs will not vary as a result of those
efforts. We do not charge you for phone
calls or the time that we spend writing you case update letters. We provide you with an itemization of our fees
in writing. The fee that we agree upon in writing is guaranteed to be all of
the fees that you will pay to our office throughout your Georgia DUI case.
We accept payment in the form cash, checks, and all major credit cards (Visa,
Mastercard, American Express, and Discover). We commonly discount our
fees for certain classes of clients, such as active members of the United
States armed forces, veterans, teachers, and
law enforcement or EMS personnel. Some clients may
qualify for a payment plan. We reserve
the right to refuse to accept installment payments from any client. Do not be offended by this. We are not in the business of bill
collecting. Our Georgia DUI lawyers enjoy
aggressively pursuing the defense of DUI cases.
We do not enjoy spending time talking with clients about outstanding
bills, and we have adopted this policy to ensure that most of our time is spent
on your DUI case.
When you meet with our office to discuss your DUI case, we will address your
concerns, answer your questions, and we will provide you with an evaluation of
your case based upon the facts you provide. We do not charge for this
initial consultation.
Our fees in DUI cases are based upon three (3) levels of service: (1) trial
fees, (2) motions hearing fees, and (3) plea fees.
Trial Fees
When you retain our office for representation of you through a trial in your
DUI case, you receive detailed and personalized service at every stage of your
DUI case, including at a jury trial if you choose. Specifically, you will
receive the following services in your DUI case:
1. We will request a hearing upon your
administrative license suspension (ALS).
This is commonly called the 10-day letter.
2. Representation of you at the ALS
hearing. We will ensure that a transcript is made of the officer's testimony at
the ALS so that the testimony can later be
used in the defense of your criminal case.
3. Appearance at or waiving your arraignment. If the
court will not permit us to waive your arraignment, we will appear with you at
your arraignment. At your arraignment, you are notified of the charges
against you and you enter your not guilty plea. Generally, we can relieve
you from appearing at arraignment by waiving your arraignment with the court.
4. Appearing at pre-trial court dates and negotiating your
case with the prosecutor.
5. Filing discovery motions and motions to suppress and
exclude certain evidence from your case.
6. Reviewing discovery provided by the state. If audio or
video recordings exist, we do our best to arrange for you to have access to
these recordings.
7. Representing you at a hearing upon your motions.
8. Trial (jury or non-jury).
A trial fee does not include any appeal (pre-trial or post-conviction). A
trial fee also does not include expenses such as court reporter fees,
transcript costs, or expert witness fees.
Motions Fees
In certain cases, it is possible to obtain a dismissal or a reduction of a DUI
charge prior to trial by contesting issues such as the illegality of your stop,
the illegality of the "seizure," and the incorrectness of the implied consent
advisement. After we meet with you and discuss the facts of your DUI
case, we can provide you with an assessment of whether a fee that would provide
you with our services through a motions hearing will be beneficial to you.
In the event that you retain us to represent you at a motions hearing and that
hearing is unsuccessful but you decide that you would like a jury trial, we
will honor the jury trial fee that we quote you at the outset of the
representation. Like a trial fee, a motions fee does not include any
appeal from the trial court's denial of any motions. A motions fee also
does not include expenses such as court reporter fees, transcript costs, or
expert witness fees.
Plea Fees
The least expensive fee rate that you can retain our expertise for is a
plea. If you choose to retain our services for a plea, we represent you
through an arraignment, we will negotiate the best plea possible in your case,
and we will appear in court with you to enter your plea. We will work to have
charges dismissed or reduced. We will seek to ensure that the negotiated plea
is for the minimum sentence allowed by the law.
If you retain us to represent you in negotiating a plea and presenting the plea
to the court, you must recognize that you will be taking a substantial step
towards giving up your right to be presumed innocent and to make the state
prove your guilt beyond a reasonable doubt. If you retain our office for
a plea, we will file no motions on your behalf, we will not seek to review any
video or audio recording, and we will not represent you in any administrative
license suspension hearing.
License Reinstatement, Probation Enlistment, and Life After Your DUI Case
All too frequently, attorneys who are inexperienced with Georgia DUI practice
part ways with their clients at the conclusion of the case. We think this
is outrageous practice and it frequently ignores the most troubling and
important aspects of the representation, such as reinstatement of the driver's
license. We know how difficult it can be to achieve the reinstatement of
your license. We also know the rules and regulations of the Georgia
Department of Driver Services better than almost any other attorney in the Georgia.
Recently, we have noticed a disturbing trend in DUI cases where a defendant is
sentenced to probation. We have seen attorneys enter pleas without
recognizing the devastating impact that probation may have upon their
client. What if you resided outside of Georgia
at the time that you entered a plea that included probation, and after the plea
you were told that you could not leave reside outside of Georgia?
Believe it or not, we see people all the time that are blindsided by these
types of rules. You can only avoid these types of problems by retaining an
attorney that is knowledgeable about these types of issues.