McIlhinney & Sessions - DUI Law

Home
Our Firm
Attorney Profiles
Cases and Results
Practice Areas
Contact Us
Site Map
 
GA DUI Charges
GA Speeding Tickets
Under 21 Defendants
Missed Court Dates
Out-of-State Drivers
Commercial Drivers
Drug Charges
 
Definitions
FAQs

Contact Us
678.387.6920
FREE CONSULTATIONS
Your Name:
Your Phone Number:
Your E-Mail:
Court:
Court Date:
Citation or Arrest Date:
Case Description:
News

Potential license suspension penalties apply even if your charge of misdemeanor possession of marijuana does not arise from the use or operation of an automobile. Many drivers who are found to be in possession of marijuana are, in addition to their charge of possession of marijuana, charged with DUI - Drugs. If you have been charged with DUI - Drugs (Marijuana), follow this link to our DUI - Drugs information page. For more information about potential penalties for misdemeanor possession of marijuana in Georgia, follow this link.

 

FAQs

E-mail Print PDF

FREQUENTLY ASKED QUESTIONS (FAQs) 

Can my DUI charge be “beaten” if I submitted to the state-administered test of blood, breath, or urine and if the test result showed that the content of alcohol in my blood or breath was greater than .08? 

YES. DUI charges can be “beaten” despite the fact that the state has a test result that allegedly shows that the alcohol content in your blood or breath was greater than .08.  In many cases, the state cannot show that the blood or breath test was obtained legally.   

  •  
    • The stop of the vehicle must be legal.
    • The questioning (including the administration of “Field Sobriety Tests”) of the accused must be legal. 
    • The arrest of the accused must be legal.
    • The arresting officer must properly inform the accused of Georgia’s “Implied Consent” law. 
    • The blood or breath test must be properly administered.

Even if all of the state properly crosses each of these hurdles, a DUI charge can STILL BE BEATEN.  The state-administered test, like any other test, contains errors.  At McIlhinney & Sessions, we are prepared to challenge these test results at every stage of your case.

My arresting officer failed to read my “Miranda Rights.” Will this affect my DUI charge? 

YES. If the Court finds that the accused was in custody at the time that the accused is questioned by an officer, statements made by the accused may be excluded from evidence in the case if the accused was not informed of his or her “Miranda Rights.”  This is particularly important in a DUI case because the accused performance on “Field Sobriety Tests” may be excluded if the accused is in custody and not informed of his or her “Miranda Rights.”

Why was I charged with a “refusal” after I submitted to the “test” on the roadside and “refused” the “test” at the police station?   

The roadside “test” is administered by a portable breath test machine and the numerical result provided by this test is, in most circumstances, not admissible in trial against you.  The state-administered breath test at the police station is the “test” to which the implied consent notice applies. If you refuse the state-administered breath test, your license may be suspended for up to a year or more.  In such cases, it is critically important that you file a “10-day” letter.  Contact our office immediately if you have any questions regarding the steps that should be taken to retain your driver’s license.

 

 
Call Us Today - 678.387.6920

 

 
Practice Areas | Cases and Results | Georgia DUI Lawyer | Atlanta DUI Attorneys | Atlanta DUI School | Georgia Speeding Ticket Lawyer
Site by: Apacesolutions.net

McIlhinney & Sessions, LLC
DUI, Traffic Offense, and Criminal Defense Trial Lawyers
4036 Wetherburn Way, Suite A
Norcross, Georgia 30092
Telephone: 678.387.6920
Fax: 678.387.6926

Serving Clients in: Acworth Alpharetta Ashburn Belvedere Park Bryan Byron Buckhead Buford Camden Candler-McAfee Canton Carrollton Cartersville College Park Conyers Covington Darien Decatur Douglasville Druid Hills Duluth Dunwoody East Point Fayetteville Flowery Branch Forest Park Gainesville Griffin Johns Creek Kennesaw Lawrenceville Lilburn Mableton Marietta McDonough McIntosh Meriweather Milton Monroe Mountain Park Newnan North Atlanta North Decatur North Druid Hills Panthersville Peach Peachtree City Pembroke Perry Pike Powder Springs Redan Riverdale Roswell Sandy Springs Smyrna Snellville Stockbridge Sugar Hill Suwanee Tucker Union City Winder Woodstock Zebulon

Disclaimer: This website is a public resource of general information concerning our law firm. It is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. The website is not intended to be a source of legal advice. Links on this website are not intended to be referrals or endorsements of the linked entities. The lawyers identified on the website are licensed to practice law in the State of Georgia and nowhere else. Our firm does not intend to represent anyone desiring representation in a state where this website fails to comply with all laws and ethical rules of that state. No recipient of content from this site, client, whether current or otherwise, should act or refrain from acting based on information at this site. We expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site. Note: Nothing in this website creates or establishes an attorney-client relationship.