How do I keep / save my license after a Georgia DUI?
My name is Rick Ryczek. Other Georgia lawyers voted me one of the best DUI Lawyers in Georgia. I was selected as a Top 100 SuperLawyer as published in Atlanta Magazine, and I practice primarily in Gwinnett County. This video tells you about Administrative License Suspensions. If you were arrested for DUI, the state will try to suspend your driver’s license prior to you going to court. Your lawyer only has 10 days to file an appeal for that suspension. That’s why it’s important to engage with a lawyer immediately after your arrest. If you blew into the breath machine or you took a blood test, and your results are above the legal limit, they’re trying to suspend you for 30 days but you can get a work permit. If you refused the test, you face a one year driver’s license suspension with no work permit. Once your appeal is filed it takes about 6 weeks to schedule the hearing so it’s important to have a lawyer investigate your case immediately upon getting arrested. When we go to that hearing where the judge determines whether to suspend your driver’s license, we will be 100 percent prepared to go forward on that hearing. These hearings can be won, that’s why it’s important to have a competent DUI Lawyer to prepare and perform this hearing for you.
What is the difference between a DUI Bench and DUI Jury trial?
If you decide to take your case to trial, we will get together before hand and help you decide whether to have a bench trial or jury trial. A bench trial happens before a Judge, and jury trial obviously happens in front of a jury. In a jury trial, 6 jurors would have to make a unanimous decision as to whether you are guilty or not guilty. I would help you pick your jury, and you could give me input on which jurors to pick and which ones to exclude. The jury would have to decide whether the states proof measures up to proof beyond reasonable doubt. In a bench trail, the judge alone would decide guilty or not guilty. Based on your technical defenses, the factual issues in your case, the judge, your jurisdiction, type of court, we will help you decide whether to have a bench trial or a jury trial. It is important to hire one of the best DUI lawyers in Georgia if your case will go to trial. I have been selected as a Top 100 SuperLawyer as published in Atlanta Magazine.
Are Georgia DUI Breath tests accurate? Are there false positives?
After you get arrested they have you sit down next to a machine, they type your name in, you blow into the machine and it spits out a test result. But you might not know anything about the machine and they’re not going to tell you. I have been rated by other lawyers as one of the best DUI lawyers in Georgia by being named a Top 100 SuperLawyer as published in Atlanta Magazine. My team knows about these breath machines. Do you ever wonder why when you go into your doctor’s office for a blood test they tell you to fast and not eat anything the night before? Your doctor knows that there are substances that will interfere with an accurate blood test. For example, if you eat a fatty steak the hours before a cholesterol test, it might interfere with the cholesterol level when they test your blood. This is called a false positive. There are a million things that could interfere with your blood test, and also a lot of things that could interfere with your breath test. The problem is that the officer that arrested you doesn’t know about those interferences, the GBI that trained him, they don’t tell him about those interference, and the manufacturers don’t tell anybody about them either. If we go to trial on your case, we will share those interferences with the jury so that the jurors will know the limitations of the Intoxilyzer machine.
Choosing the best DUI Lawyer in Gwinnett County
If you have been arrested for DUI, there is much to risk if you do not find the best lawyer for your case. In this video I make suggestion on how to choose a DUI Lawyer that’s going to suit your needs. First of all you have to think about whether you want to fight your case. If you want to try to avoid a DUI conviction, choosing the best DUI lawyer is the most important decision you can make. I would recommend to find two or three lawyers on the internet. One of the first things I recommend is to determine whether they are recognized as an expert or authority by other lawyers. Do they speak at seminars to teach other lawyers how to practice more effectively? Are they part of a DUI Defense Group? I’ve been selected to be a member of DODD, Defensive Drinking Drivers, it’s a group of the best Georgia DUI lawyers where we select individual lawyers from among the state who are fighting cases and getting good results on their cases. I would recommend that wherever you are in Georgia, that hire a DODD member to fight your case for you. We collaborate on defenses, we meet quarterly and we talk about what is working in each individual jurisdiction and how to most effectively defend our clients. Another way to determine whether your lawyer is a good lawyer is to sit down and talk to them. Ask whether the lawyer routinely challenges the State by conducting jury trials and suppression hearings. The best Georgia DUI Lawyers will routinely conduct motions to suppress and take their cases to trial. Has the lawyer that you’re talking to, have they won any jury trials? It’s important to try cases in order to get good deals. A lawyer can stand next to you and plead you guilty all day long but that doesn’t help you very much. You want a lawyer that’s willing to go to court, willing to fight your case in hearings, willing to stand next you and battle in trial, and is not just going to plead you guilty. I have been selected by my peers as a Top 100 DUI SuperLawyer as published in Atlanta Magazine. There are plenty of lawyers out there with slick websites and they run a mill and never fight cases. It’s important to find a lawyer that is willing to stand up for his or her clients in order to achieve the best results.
What happens when I go to court on a DUI in Georgia?
If you decide you want to fight your case, one of the first things we’re going to do is conduct what is called a Motions Hearing or a Motion to Suppress. It’s like a mini trial where we challenge the officer’s or the state’s procedures and allegations against you. We put the officer on the stand and we ask the judge to determine if there were any technical flaws in the officer’s arrest or procedure. We might challenge whether there was a valid basis for the stop or if they had probable cause to arrest you. We also challenge whether there were any flaws in the implied consent procedure and the breath testing procedure. At this hearing we usually have one more of four goals. The first goal is to get the case dismissed, second to exclude certain evidence such as the breath test, third to show the prosecutor that this is not the kind of case they want to take to trial, or fourth, to gather enough evidence to use against the officer at an eventual trial. After a successful motion to suppress hearing, we usually get a deal or a reduction to another charge such as reckless driving or FTML. It is usually in your best interest to accept that deal if we can get it. I have been rated as one of the Best DUI Lawyers in Georgia, and my office is in Gwinnett County.
How to win a DUI in Georgia
It’s important to have a lawyer that’s familiar with the personalities of the jurisdiction that you’re in and that your case is in. My defense strategy will take into account the personalities of the Judge, the prosecutor, and your potential jurors. Whether you’re in Hall County, Fulton County, Gwinnett County, or Barrow County, we will incorporate into our defense strategy all of those factors. Read more under the courts tab to learn more about your particular jurisdiction. It’s important to hire a lawyer that’s familiar with all of these factors so that we can maximize your chance of success while we navigate your case through the court system.
Are DUI Field Sobriety Test Accurate?
Field sobriety evaluations are common sense evaluations that people perform less well on if they have been consuming alcohol. There used by an officer to help educate his or her opinion of whether you’re a less safe driver, and also to support his decision of whether to arrest you. However, these officers are trained that these tests are scientifically validated, but they’re not. It’s not that the officer is lying to jurors, judges and prosecutors, it’s that the agency that validated these tests, they didn’t truly validate them using the scientific method. All they did was take a bunch of drunk people with very high alcohol concentrations with alcohol contents ranging from .15 to over .30, and had them perform the tests. If they had clues on the evaluations, they determined that the evaluations were validated. It’s like going to a NASCAR race and trying to determine whether the NASCAR drivers are speeding. Somebody sitting at NASCAR race with cars zooming by at 210 mph, they’re going to know automatically that they’re speeding. That’s what NHTSA did and supposedly validates these field sobriety tests. You’re going to need a good lawyer to truly break these tests and use them for their true purpose, common sense evaluations. I practice DUI defense in Gwinnett County, and the cities within it, such as Lilburn, Duluth, Norcross, Braselton, and Lawrenceville, and I have been ranked as one of the best DUI Lawyers in the State as published by Atlanta Magazine.
What happens to my license on a first DUI in Georgia?
If you’re convicted for DUI in Georgia, your license will be suspended the day of your conviction. A good lawyer can get you a work permit that you can take to the Department of Driver Services immediately to get a work permit. You can drive on that permit to and from work, and for other work purposes. So if you’re a delivery driver, you won’t have to lose your job. You can drive on that permit for 120 days, and at the end of those days, you can apply for early reinstatement by attending DUI school and paying a reinstatement fee of $210.
Penalties for DUI if you have had a prior arrest or conviction in Gwinnett County Georgia
If you’re facing a DUI in Gwinnett County, Duluth, Lawrenceville, Norcross, Chamblee, Hall County, or Braselton, Georgia and you’ve had a prior within 10 years of the original date of your arrest, you’re facing enhanced punishments. The mandatory minimum sentence for a 2nd in 10 DUI begin with 90 days of jail, all but 72 hours of that can be probated or suspended. You have to be on probation for at least 12 months. The mandatory minimum fine is $600 dollars. You have to undergo a 20 hour risk reduction course or the DUI School. You have to undergo a clinical evaluation. And usually they will recommend that you do 17 weeks of treatment. You have to perform 240 hours of community service, and you will be on reporting probation the entire 12 months. Refer to the charts on my “Penalties” tab on my website to learn more about your case. Again, every case is different. It’s going to depend on your judge, your prosecutor, and the strength of your case to determine how good of a deal you can get, or how tough the judge will be on your sentencing. It’s important to have a DUI lawyer that’s familiar with these personalities to maximize the defense we can give you.
What happens with a first DUI in Georgia, Gwinnett County
My name is Rick Ryczek, I’m a Georgia DUI Lawyer, and I represent people who have gotten a DUI all over the Metro Atlanta area. My office is next to the courthouse in Gwinnett County. If you’re facing a first DUI, the mandatory minimum penalties are as follows: You must have at least 12 months’ probation, the mandatory minimum jail sentence is 10 days, and all but 24 hours may be suspended or probated. The minimum fine is $300, and the maximum fine is $1,000. You must perform at least 40 hours community service, undergo a 20 hour risk reduction course or DUI school, and you have to undergo a clinical evaluation unless it is waived by the court. If you do the evaluation and they recommend that you need treatment, you must undergo that substance abuse treatment. It’s important to have a good lawyer that knows how to navigate your case through the court, and use any technical defense to get you the best deal, a reduction in charge, or be ready for trial if it’s the kind of case that can be trialed. Again, my name is Rick Ryczek. Please refer to the Penalties tab of my website: www.GoodByeDUI.com to learn more.
What You Should Know about DUI in Gwinnett County
There is no question that driving impaired is dangerous. More than 10,000 people a year are killed in alcohol related accidents. It is a terrible problem. As a result of that, there’s a tense political pressure on our local governments to make DUI arrests. Unfortunately, they’re sending poorly trained officers into the field using faulty equipment to make these arrests. Even worse, some of these people that are incorrectly arrested get convicted for DUI when they might in fact be innocent. I care about both problems. That’s why I go out to high schools, I lecture to professional athletes during their training camps, and I work with my clients once they hire me to make sure that if they do have an alcohol problem, we address it right away so that it doesn’t continue. This is also to help my clients avoid future offenses and to avoid allowing substance abuse to affect their lives in a negative way. I’ve worked very hard since 1996 to be the kind of lawyer that can challenge the state’s case when somebody is arrested for DUI in Gwinnett County to make sure the state’s evidence measures up to proof beyond reasonable doubt before the State can call my clients a criminal Both problems are important, and I try to address both of them the best I can. It’s important to have a good lawyer to make sure they do that for you. Again my name is Rick Ryczek, I’m a DUI Lawyer in Lawrenceville, Gwinnett County, and I practice in the surrounding Atlanta areas.
What happens if I get a second DUI in Georgia?
If you’re facing a 2nd DUI within 10 years in Georgia, there are enhanced penalties that you should be aware of. Before we talk about penalties, it’s important to get a clinical evaluation immediately after your arrest to make sure that you address any substance abuse problems you might have. Also it helps to have that done if we ever stand before a judge to let the judge know that you have taken your case and any substance problems you may have seriously. That is one of the mandatory minimum requirements for a 2nd in 5 DUI. You should get this done right away. Also you’re facing 90 days jail, that’s the minimum. All but 72 hours of that jail time can be suspended or probated. You have to have at least 12 months of probation, at least 240 hours community service, one session of the risk reduction program or DUI school. The minimum fine is $600, maximum fine is $1,000. Generally speaking for a multiple offender DUI in Gwinnett County, you cannot get the mandatory 72 hours jail time. We have to work very hard to get you that sentence if you are found guilty or if you plead guilty. Refer to my charts under the penalties phase on my website www.GoodByeDUI.com to learn more. Because you have a prior conviction it’s important to have a good lawyer that can navigate your case through the court system using all the technical defense and factual issues in your case to get you the best deal if you want to plead guilty, or if you want to fight your case.