{"id":19,"date":"2018-07-09T14:04:08","date_gmt":"2018-07-09T14:04:08","guid":{"rendered":"http:\/\/demo-content.kaliumtheme.com\/law\/?page_id=19"},"modified":"2021-04-23T15:14:53","modified_gmt":"2021-04-23T19:14:53","slug":"services","status":"publish","type":"page","link":"https:\/\/rockefellerlawcenter.com\/services\/","title":{"rendered":"Practice Areas"},"content":{"rendered":"

[vc_row full_width=”stretch_row” parallax=”content-moving-fade” parallax_image=”1330″ parallax_speed_bg=”2.5″ css=”.vc_custom_1569175088223{padding-top: 25px !important;padding-bottom: 25px !important;background-position: center;background-repeat: no-repeat !important;background-size: cover !important;}”][vc_column width=”1\/2″][vc_custom_heading text=”Practice Areas” font_container=”tag:h2|text_align:left|color:%23ffffff|line_height:1.2″ use_theme_fonts=”yes” el_class=”page-title”][vc_column_text]Look for an attorney who focuses his or her practice on your type of legal question, or someone who lists this as a type of law they regularly practice. Your local bar association may have a referral program.<\/span>[\/vc_column_text][\/vc_column][vc_column width=”1\/2″ offset=”vc_hidden-xs”][\/vc_column][\/vc_row][vc_row][vc_column][vc_tta_tour style=”flat” shape=”square” color=”white” controls_size=”md” active_section=”1″ no_fill_content_area=”true” css=”.vc_custom_1540306488405{padding-top: 35px !important;}” el_class=”service-list”][vc_tta_section title=”Personal Injury” tab_id=”personal-injury”][vc_column_text]<\/p>\n

Personal Injury<\/h2>\n

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Car wrecks can be very stressful, even if you are not injured. If you or a loved one has been hurt as a result of someone\u2019s carelessness and are having difficulty dealing with the insurance\u00a0 company, our team is here to help. You need a strong lawyer working for you to help you obtain the compensation you deserve.<\/p>\n

The attorneys at Rockefeller Law Center can evaluate your claim and give you an estimate on the level of financial recovery you are entitled to receive. Our experienced attorneys are here to help and it is free to discuss your case with them. We can be there for you, just call for a consultation with one of our attorneys.[\/vc_column_text][vc_column_text]<\/p>\n

Personal Injury FAQs<\/h2>\n

[\/vc_column_text][vc_toggle title=”What are the types of personal injury cases that the Rockefeller Law Center handles?”]The Rockefeller Law Center is a full-service litigation law firm, having assisted numerous satisfied clients with Automobile Wreck, Slip and Fall, Wrongful Death, and Premises Liability cases in State and Federal courts throughout the Southeastern United States.[\/vc_toggle][vc_toggle title=”What are the main issues which come up in personal injury cases?”]There are two parts to a personal injury lawsuit. First, liability must be determined. This answers the question whether or not the defendant engaged in any wrongful conduct. Second, damages must be assessed. This determines how much money should be paid to the plaintiff because of a defendant\u2019s wrongful conduct.[\/vc_toggle][vc_toggle title=”How are damages determined in personal injury cases?”]There are two basic category of damages in a personal injury case \u2013 \u201cspecial damages\u201d and \u201cpain and suffering.\u201d Special damages are your \u201cactual\u201d damages shown from your medical bills, lost wages, and similar types of out-of-pocket expenses. Pain and suffering damages are proven by relying on testimony of how much the plaintiff and his\/her family were affected by the wrongful conduct.[\/vc_toggle][vc_toggle title=”If I don\u2019t have any special damages can I still sue for my pain and suffering?”]Maybe. Some legal claims actually require proof of special damages before a jury considers pain and suffering damages. However, except in relatively rare cases, even if your type of legal claim does not require this proof, if you do not have relatively significant special damages, your case is probably not worth much money. These cases may have value to you, because of the insult of the injury you have received, but you may find yourself spending more money prosecuting your case than you might hope to recoup from a jury award.[\/vc_toggle][vc_toggle title=”If I have declared bankruptcy before, or file for bankruptcy during the pendency of my case, will this affect my claim?”]Yes. Declaring Bankruptcy can seriously compromise your lawsuit. If you, or a spouse, have ever filed for bankruptcy, are currently in bankruptcy, or you file for bankruptcy while your personal injury lawsuit is on-going, you must immediately notify your attorney of this fact![\/vc_toggle][vc_toggle title=”Do I have any responsibilities in helping the development of my case?”]Yes. Your attorney will probably provide you with some forms to fill out; these will assist your attorney in building and assessing your claim. In particular, you will need to provide your attorney with a \u201cstatement\u201d of what happened and how your injury has affected your life \u2013 if possible, keeping a \u201cdaily diary\u201d of the pain and\/or limitations you experience from day-to-day due to your injury You will also need to assemble a \u201cwitness list.\u201d A witness is somebody who either knows how you were injured (from seeing it or hearing of it), who knows about your injury (such as by attending doctor\u2019s appointments with you), or who knows about how the injury has affected your life (such as watching you struggle at work or struggle with your ability to live a normal life).[\/vc_toggle][vc_toggle title=”Do I file a complaint as soon as my attorney finishes an initial investigation of my claim?”]No. Generally speaking, your attorney will first want to incorporate your statement, your witness statements, your medical records, medical bills, and lost wages into a document called a \u201cdemand letter.\u201d In this demand letter, you and your attorney ask for a specific amount of money damages reasonably based on the evidence assembled in this presentation.[\/vc_toggle][vc_toggle title=”How long does it take to generate a demand letter?”]The timetable for this varies by case, as it largely depends on how long you treated by a medical provider. Generally speaking, your attorney will not want to prepare the demand letter until you have completed all of your medical treatment. This is because you do not want to settle the case until you know the true extent of your injury. Remember, once you settle, you cannot go back and ask for more money.[\/vc_toggle][vc_toggle title=”Are there any other issues that might affect my settlement?”]Yes. There are two instances where you might have to use some of your settlement money to pay someone else \u2013 to reimburse your health insurance company (\u201csubrogation\u201d) and\/or to reimburse a medical provider (\u201cmedical lien\u201d). You will want to consider both of these possibilities in deciding what type of settlement you consider fair.[\/vc_toggle][vc_toggle title=”Are there any other issues that might affect my settlement?”]Yes. There are two instances where you might have to use some of your settlement money to pay someone else \u2013 to reimburse your health insurance company (\u201csubrogation\u201d) and\/or to reimburse a medical provider (\u201cmedical lien\u201d). You will want to consider both of these possibilities in deciding what type of settlement you consider fair.<\/p>\n

Subrogation is where your health insurance company (which would include Medicaid or Medicare) argues that you are required to repay it from your settlement or verdict for some, or all, of the money it spent on your medical treatment based on the contract language in the insurance plan. The law in this area is extremely complicated and still evolving, but you should consider the fact of possibility of subrogation in evaluating your case. Your attorney can negotiate with your insurance company, Medicaid, or Medicare, to reduce subrogation claims to a relatively small percentage of the overall claim.<\/p>\n

A medical lien is where you owe money to your doctors or medical providers. There are certain rules that a health care provider needs to follow in asserting its rights to a share of your settlement or verdict, but there is always the possibility you can be sued, after the fact, for breach of contract for not paying your bill. Again, your attorney can negotiate with your health care provider to reduce the amount owed on a bill to a relatively small percentage of the overall claim.[\/vc_toggle][vc_toggle title=”Ok, I have a grasp of what the future holds, now how can I expect my case to progress if I file a complaint?”]After a complaint is filed, the other party will respond with an Answer, approximately thirty days after the defendant is \u201cserved\u201d with the complaint. The Answer will determine which factors are being disputed and any counterclaims that are going to be at issue.
\nGoing to Court …<\/p>\n

DISCOVERY
\nBy Georgia statute, there is a six month Discovery Period designed so that both parties can obtain as much information to aid their case as possible (in Federal Court, the judge sets a discovery schedule with rules very similar to those described below). This includes both parties asking and answering general questions, providing financial documentation, and other relevant information that may be requested. This is a useful, and relatively inexpensive, process to find out more about the other parties\u2019 case.<\/p>\n

DEPOSITIONS
\nEither side can also schedule depositions. These are opportunities for attorneys to question all witnesses and litigants under oath about what they might testify. A deposition is a powerful device. At a deposition, an attorney can learn exactly what the witnesses will say, before trial, and try to come up with a strategy that either takes advantage of the sworn testimony or to counteract it. If you can afford to have an attorney take depositions, and your case is going to be strongly contested, you should consider authorizing your attorney to do so.<\/p>\n

MEDIATION
\nWhen the Discovery Period is over (or even before), the case could go in many different directions (keep in mind that either a plaintiff or a defendant is always at liberty to offer a settlement at any point in the process). Mediation may be required before your case can go to trial. A Mediation is a meeting between the two parties with a mediator to attempt to resolve the case before trial.<\/p>\n

TRIAL
\nIf the parties cannot agree, they may move forward with a jury trial or a bench trial (where only the Judge presides). Jury trials are more common, as a judge can only be permitted to decide a case if all plaintiffs and defendants agree to waive their rights to a jury trial. There is no hard and fast rule over how long it takes to obtain a trial after initially filing a complaint and\/or how long a trial lasts. Generally, it takes about eighteen (18) months to two (2) years from filing to obtain a trial date. And, most jury trials take a day or two to try.<\/p>\n

POST-TRIAL
\nAfter jury trial, either party can appeal the jury verdict. If a case is appealed, you an expect up to another year for the case to still be unresolved. If the original trial verdict is reversed (almost always because of a \u201clegal\u201d error, as opposed to a claim that the jury reached the wrong decision), it goes back for another trial and potentially another round of appeals. In order to avoid appeals and delaying the jury verdict being final, sometimes a settlement is reached, after the jury verdict, for something less than what the jury ordered.[\/vc_toggle][\/vc_tta_section][vc_tta_section title=”Wrongful Death” tab_id=”wrongful-death”][vc_column_text]<\/p>\n

Wrongful Death<\/h2>\n

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We Have the Experience You Need<\/p>\n

The attorneys of the Rockefeller Law Center have extensive trial experience, with over thirty years combined in courtrooms throughout Georgia and South Florida.<\/p>\n

With hundreds of jury trials under our belts, we have seen it all and have matched our skills favorably against some of the best firms in the region.[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”Medical Malpractice” tab_id=”medical-malpractice”][vc_column_text]<\/p>\n

Medical Malpractice<\/h2>\n

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Unfortunately, Georgia legislators have a severely limited the rights of its citizens to seek justice for the wrongs committed against them by their medical providers.<\/p>\n

Still, if the harms are severe enough and the wrongs obvious enough, there are still claims worth pursuing, even though the simplest Medical Malpractice or Nursing Home Litigation is likely to easily cost in the neighborhood of $100,000.00[\/vc_column_text][\/vc_tta_section][vc_tta_section title=”Criminal Law” tab_id=”criminal-law”][vc_column_text]<\/p>\n

Criminal Law<\/h2>\n

10 years on the \u201cOther Side\u201d<\/h3>\n

Prior to going into private practice, the lead attorney at the Rockefeller Law Center, Jim Rockefeller, spent ten (10) years working in prosecutor\u2019s offices, including almost five years helping to run the Houston County District Attorney\u2019s Office as its \u201cChief Assistant\u201d.\u00a0 Therefore, we know how a prosecutor thinks and what cases he or she is willing to take to trial.<\/p>\n

In the nearly fifteen (15) years of private practice, Jim has helped countless clients avoid horrid results, after being arrested.\u00a0 Because of this unique background, working \u201cboth sides\u201d of criminal and DUI cases, we can provide our clients with \u201creal-world\u201d advice on which cases to enter a guilty plea and which might merit taking to trial.\u00a0 And, having tried over a hundred criminal and DUI cases, we also know how to best present our clients\u2019 defense to a jury.\u00a0 Thus, our clients received both the best advice on when to enter a guilty plea and the best defense when it comes time to try a case.<\/p>\n

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Criminal Law FAQs<\/h2>\n

[\/vc_column_text][vc_toggle title=”What are the types of criminal law cases that the Rockefeller Law Center handles?”]The attorneys of the Rockefeller Law Center have extensive experience in all areas of criminal law, Federal and State courts around the Southeastern United States, in appellate and trial courts. They have handled cases from simple thefts to murders, robberies, child molestations, all types of drug cases, including conspiracy and racketeering cases.[\/vc_toggle][vc_toggle title=”What does the term \u201cWarrantless Arrests\u201d mean?”]A law enforcement officer (certified with arrest powers) has the authority, in certain cases, to arrest a person, without a warrant, for committing a crime in the officer\u2019s immediate presence (if a non-felony, non-domestic violence cases), or a felony or domestic violence offense for which probable cause exists for the officer to believe the crime has been committed. If a law enforcement officer makes a warrantless arrest, the officer has forty-eight (48) hours to obtain a warrant or the person arrest MUST be released from jail.[\/vc_toggle][vc_toggle title=”What does \u201cArrest Pursuant to an Arrest Warrant\u201d mean?”]Either a law enforcement officer or a private citizen can swear out a warrant before a Magistrate (or a Superior Court Judge, in state courts); in Federal Courts only a law enforcement officer may obtain an arrest warrant (or an Information) from a United States Magistrate or District Court Judge. This is generally done through a formal written application process, where the applicant (called the \u201caffiant\u201d) swears under oath that the facts contained in the application are true. The Magistrate (or Judge) reviews this application to determine if there is probable cause to believe a crime has been committed. If the warrant is granted, any law enforcement officer (certified with arrest powers) can be empowered to arrest the person charged in the arrest warrant (by entering the arrest warrant in criminal justice computers). Once the arrest is made, the person arrested must be brought before a Magistrate within seventy-two (72) hours for a \u201cfirst appearance,\u201d at which time the Magistrate informs the arrested person of the charges and considers bond (if there was not a bond put on the warrant at the time it was granted).[\/vc_toggle][vc_toggle title=”What is the difference between Misdemeanor and Felony?”]This distinction is very simple. A \u201cmisdemeanor\u201d is any offense that is punishable by no more than twelve (12) months in jail. A \u201cfelony\u201d is any other offense that is, potentially, punishable by more than one (1) year in prison. There are often different procedural, discovery, and trial rules that apply, with somewhat lesser rights existing for a defendant charged with a misdemeanor. However, the basic constitutional rights are the same regardless of the seriousness of the charge.[\/vc_toggle][vc_toggle title=”What are the Miranda Rights?”]This is a rule derived from a United States Supreme Court case that is nearly fifty (50) years old, that was recently reaffirmed. It is a rule that applies where the police have someone in \u201ccustody\u201d (which can be less than a formal arrest), whom they wish to interrogate; if a suspect voluntarily invites law enforcement into his or her house or business and\/or voluntarily goes down to the police station, the suspect is probably NOT considered in \u201ccustody.\u201d<\/p>\n

Before a suspect in custody is questioned, he or she has to be told of the 5th Amendment rights concerning the right to remain silent and the right to consult with an attorney, and the suspect must affirmatively waive these rights. If the suspect waives these rights, then he or she may provide law enforcement, even in innocent responses, with incriminating evidence that could otherwise not be compelled; hence, it is often better to consult with an attorney before agreeing to talk to law enforcement. If the suspect does NOT waive these rights, law enforcement must IMMEDIATELY cease any attempts at interrogation. A person who does not waive these rights, and is questioned (with or without reading the \u201cMiranda\u201d rights), any statements or evidence that flow from this illegal questioning is inadmissible in court.<\/p>\n

It is NOT a violation of an arrestee\u2019s rights to fail to read him\/her the \u201cMiranda\u201d rights at the time of the arrest; it is only a violation of these rights if law enforcement intends to question the arrestee.[\/vc_toggle][vc_toggle title=”What are Special Presentment Bench Warrants?”]A \u201cspecial presentment bench warrant\u201d is where a District Attorney obtains a warrant by taking charges directly to a Grand Jury for Indictment, without an initial arrest on the specific charge. Although not always, the special presentment bench warrant is generally a new charge added after a defendant has already been arrested from the same incident. A charge is added when the District Attorney determines that law enforcement officer (or Magistrate) did not consider all possible charges arising from an incident. A special presentment warrant will result in a defendant being arrested, or rearrested, as if there had been no prior arrests made concerning a specific incident. A special presentment bench warrant is signed only by a Superior Court Judge and a person arrested pursuant to one is ineligible to have bond considered at his or her \u201cfirst appearance.\u201d[\/vc_toggle][vc_toggle title=”Can you explain Bond or Bail?”]\u201cBond\u201d or \u201cBail\u201d are a judge\u2019s order that permits a person to secure their release from jail, pending the resolution of his or her case. It is a \u201cpromise to appear\u201d which, if the person does not appear as promised, bond is \u201crevoked.\u201d Bond can require the posting of money or property as a condition of release or it can be in the form of a \u201crecognizance bond,\u201d where a person merely needs to sign a promise to appear and no money or property is required to be posted. On the other hand, if bond requires the posting of money (or property), the whole amount can be posted or a \u201cbondsperson\u201d can be hired. If the entire amount of the bond is paid (either in cash or property), at the end of the case everything posted is returned; however, if a bondsperson is hired for the full bond amount, the \u201cfee\u201d paid to the bondsperson is a percentage of the full bond, but it is never returned. Any person can post bond for an arrested person, but real estate can only be used to post bond in the same county of arrest and only to the extent there is proof of sufficient equity in the real estate to cover the full bond amount.[\/vc_toggle][vc_toggle title=”What happens in a First Appearance?”]After being arrested, the defendant is brought before a Magistrate within at least the first seventy-two (72) hours. At that time, the defendant is notified of the charges and the Magistrate considers whether or not to grant bond, if the Magistrate has the authority to do so. In some cases, the Magistrate cannot grant bond because the crime is too serious; in some cases, bond cannot be granted because the defendant is on probation or parole; in some cases, bond is set pursuant to a \u201cschedule\u201d before or after a Magistrate considers bond; in all cases, a person charged with a misdemeanor, who is not on probation or parole, must be granted bond.[\/vc_toggle][vc_toggle title=”What is a Preliminary Hearing?”]A \u201cpreliminary hearing\u201d is held after a \u201cfirst appearance\u201d hearing, within days or a couple of weeks of arrest, but before a defendant is formally charged by a Grand Jury. It is where the Government has to show an independent magistrate there is \u201cprobable cause\u201d to believe the defendant has been properly charged with a crime (or not and the defendant would be immediately released). \u201cProbable cause\u201d is a very low standard, but it has to be proven by some sworn testimony; in considering \u201cprobable cause\u201d the magistrate may rely on \u201chearsay\u201d testimony, as the Government does not have to put on its full case. However, the defendant\u2019s attorney has the unique opportunity to cross-examine any witnesses, and also to call witnesses to rebut the Government\u2019s evidence; thus, it is a very important procedural right for a defendant.[\/vc_toggle][vc_toggle title=”What is a Grand Jury?”]The Grand Jury is a set of at least sixteen (16) jurors who sit for several months and deliberate on alleged crimes and\/or investigations. These grand jurors do not deliberate on whether a person is guilty or innocent, but rather act as an investigatory body for the District Attorney (or Assistant United States Attorney) \u2013 a \u201cspecial grand jury\u201d is called to investigate for specific purpose, which can include government oversight. A Grand Jury has subpoena powers and the District Attorney or Assistant United States Attorney acts as the \u201clegal advisor\u201d to the jurors, providing legal advice for them and, generally, deciding what is presented to them for their consideration.[\/vc_toggle][vc_toggle title=”What is an Indictment?”]An \u201cIndictment\u201d is the formal charging document in a criminal case (an \u201caccusation\u201d can also be used in State courts and, sometimes, a \u201ccitation\u201d can be the charging document for misdemeanor offenses in certain courts). The Grand Jury \u201cdeliberates\u201d after the District Attorney (or Assistant United States Attorney) presents evidence and testimony. The Grand Jury does not decide guilt or innocence, it merely determines whether or not there is \u201cprobable cause\u201d (the same legal standard for the issuance of an arrest warrant) to believe that the charges in the Indictment are \u201ctrue.\u201d If at least twelve (12) jurors believe that an Indictment is \u201ctrue,\u201d they declare it a \u201ctrue bill,\u201d if not, they declare it \u201cno bill.\u201d Typically, most of a defendant\u2019s procedural and trial rights are triggered by a Grand Jury\u2019s decision to indict.[\/vc_toggle][vc_toggle title=”What is an Arraignment?”]After a person is \u201cindicted\u201d by the Grand Jury, the next critical stage in the criminal process is the \u201cArraignment.\u201d At this time, a defendant enters a plea of either \u201cguilty\u201d or \u201cnot guilty.\u201d Because this is such an important stage, and certain significant rights flow directly from a defendant\u2019s arraignment, it is extremely important to make sure that you have, and are satisfied with, an attorney prior to being arraigned.[\/vc_toggle][vc_toggle title=”What is Plea Bargaining?”]At any point in time, a defendant can enter into a \u201cjoint recommendation\u201d with the Government. This can involve a reduction in the amount and\/or seriousness of the charges and\/or a \u201cjoint sentencing recommendation.\u201d If such an agreement is reached, it is not binding on the parties until it is presented to and accepted by a judge; if it is presented and REJECTED by a judge, the defendant is provided the opportunity to withdraw his\/her guilty plea. Probably more than 99.00% of all criminal cases are resolved by this plea bargaining process (or the charges are just outright dismissed by the Government); hence, very, very few cases actually go to trial.[\/vc_toggle][vc_toggle title=”How does an Appeal work?”]This is a right to raise with an \u201cappellate\u201d court, either a procedural or legal error committed prior to trial, a problem with the evidence and\/or arrest, or a legal error made during a trial. All people convicted of a crime have the right to an initial appeal; and, the right to free representation on that appeal, if they cannot afford to hire a private attorney. Probably close to 95% of all appeals are denied; an appeal is not an opportunity to \u201cre-try\u201d a case that was lost after a jury or bench trial.[\/vc_toggle][vc_column_text]<\/p>\n

DUI FAQs<\/h2>\n

[\/vc_column_text][vc_toggle title=”What is the legal blood-alcohol (BAC) limit in Georgia?”]For an adult (over 21) not operating under a Commercial Driver\u2019s License (CDL), the legal blood-alcohol (BAC) limit is 0.08. This is the equivalent of only about four (4) 8 oz. glasses of beer, or two (2) to three (3) glasses of wine or mixed drinks.<\/p>\n

Is it possible to be charged with DUI without having my blood-alcohol (BAC) limit above 0.08 or 0.02 (minors)?<\/p>\n

Yes. Georgia has a provision for which one can also be found guilty of DUI for being “less safe to drive.” A finding of “less safe to drive” could be based on evidence such as an erratic driving pattern, being responsible for a wreck, being obviously drunk, or refusing to take a blood-alcohol test. Generally speaking, however, if you are over 21, and your BAC is less than 0.08, the prosecuting attorney will probably be willing to work with the individual (or his attorney) to have the charge reduced.[\/vc_toggle][vc_toggle title=”What are the ways that a blood-alcohol (BAC) limit can be tested?”]The mechanism for requesting a chemical test of a bodily fluid is called \u201cImplied Consent.\u201d This is a statutory scheme where the right to drive and possess a driver\u2019s license is linked to the promise one makes that he or she will submit a bodily fluid for testing, if asked by a law enforcement officer. The officer must possess \u201cprobable cause\u201d to suspect and individual to be driving under the influence of some substance. Implied consent is read to the charged individual after he is placed under arrest. The officer will inform the individual that he will be asked to submit a breath, blood, or urine sample for analysis, at the discretion of the officer. Sometimes, the officer will actually request to collect more than one (1) type of sample.<\/p>\n

If the individual charged agrees, he has a right to have the blood tested, at his expense (most people miss this). If the individual refuses, however, he or she will be subject to having his license suspended for 12 months.<\/p>\n

In a traffic stop, the BAC may or may not be measured on the side of the road with a hand-held device called an \u201cAlcoSensor.\u201d This result is not admissible and just a tool to assist in the verification process that alcohol has been consumed.<\/p>\n

After the roadside check (and possibly being asked to perform field sobriety tests), one will probably be asked to submit a breath, blood, or urine sample by the arresting officer. If asked to submit to a breath test, one would be asked to blow into an instrument called an \u201cIntoxilyzer,\u201d which would measure the BAC. In Georgia, if within three hours of driving the charged individual blows into the Intoxilyzer and a jury determines the BAC results are above 0.08, the individual probably will be found guilty.[\/vc_toggle][vc_toggle title=”Is a Driving Under the Influence (DUI) charge a felony?”]Yes and no. A simple DUI charge, with no prior DUI convictions in the past 10 years, is only a misdemeanor and treated as a \u201cfirst\u201d DUI for all penalties. However, any more than three DUI convictions are considered felonies. Also, DUI involving a death or serious bodily injury can be designated as a felony, even if a first offense.<\/p>\n

For a second offence within 5 years, one could face more expansive jail time, probation, community service, ignition interlock device, and tag relinquishment, but it is still not a felony. If there is a third DUI within 5 years of the first, then one is still not guilty of a felony, but subject to stiff fines and jail time. If one is convicted of a fourth DUI within 5 years of the first, then he or she will be guilty of a felony and face between one and five years in prison, in addition to a fine of up to $5,000.[\/vc_toggle][vc_toggle title=”How can a DUI conviction affect me?”]Being convicted for DUI can have wide ranging effects on your life, both personally and professionally. Not only does the financial strain of paying fines, lawyer\u2019s fees, and reinstatement costs exist, but it also impacts the ability to obtain jobs or pursue professional endeavors. For example, sitting for any state’s bar exam, nursing board, or insurance certification examination could potentially be jeopardized by a DUI conviction.<\/p>\n

Unfortunately, there is no way to \u201csoften\u201d the blow of a DUI conviction that might be available for other types of crimes. A plea of \u201cnolo contendre\u201d or \u201cno contest\u201d might be prudent in a civil context, if an individual is being sued for being DUI in causing a wreck, however, it is still a conviction under the law. And, types of \u201cavoidance\u201d sentencing options, such as \u201cfirst offender\u201d or \u201cconditional discharge\u201d are not available for a person convicted of DUI.<\/p>\n

Presumably, this is the ultimate reason to hire an attorney \u2026 to try and avoid a conviction for DUI![\/vc_toggle][vc_toggle title=”What is the BAC limit for a Commercial Driver’s License?”]When one is actually operating a commercial vehicle, the legal blood alcohol level for DUI is lower than for when you are operating a non-commercial vehicle. In Georgia, a BAC higher than .04 is grounds for a DUI charge, as opposed to the 0.08 limit for non-commercial drivers. Many professional drivers think that by refusing a BAC test at the time of your DUI arrest, you can avoid the loss of your CDL license. However, in refusing to take any tests during or after a DUI arrest you automatically forfeit your CDL license for one year in most states.<\/p>\n

There is a clear distinction, however, between merely having a CDL license while operating a non-commercial vehicle versus operating a commercial vehicle. If one who possesses a commercial license is pulled over while operating a non-commercial vehicle, the BAC and related field test results are the same as if the driver was not a commercial license-holding individual. Of course, if you lose your non-commercial privileges, you also lose your CDL privileges. This puts the owners of a CDL license in a special class of suspects who almost always, need to hire an attorney if charged with DUI, even when the evidence is flimsy \u2013 the consequences of a conviction are potentially too severe to do otherwise![\/vc_toggle][vc_toggle title=”Are DUI laws different for Drugs?”]The term DUI means “driving under the influence.” You can be found guilty of DUI alcohol for having an unlawful blood alcohol or for being under the influence to the extent it is \u201cless safe\u201d to operate a motor vehicle. With drugs, there is no \u201cautomatic\u201d quantifiable level that makes driving under the influence a crime, rather the State has to prove that the drugs (legal or illegal) made it \u201cless safe\u201d for you to drive.<\/p>\n

BE CAREFUL, it is not just illegal drugs that can cause you to be arrested for DUI, but being under the influence of prescribed drugs (even, in theory, over-the-counter drugs) can cause you to be legally arrested. However, the State still has to prove that whatever substance you were alleged to have consumed affected your ability to drive to the extent you were \u201cless safe to drive,\u201d which can often be very difficult to do.[\/vc_toggle][vc_toggle title=”Is there a different legal blood-alcohol (BAC) limit for minors (under 21)?”]Yes. If you are under twenty-one (21), the legal BAC limit is only 0.02, which is the equivalent of just about a single drink.[\/vc_toggle][vc_toggle title=”What will happen to my license if I receive a DUI charge, and I am under 21, and convicted BEFORE I turn 21?”]If you are over 21, generally speaking, you can either of obtain a work permit, hardship license, or have your license reinstated after a shorter than full suspension period of time. The same is not true if you are convicted of DUI while under 21 (or even just having your license administratively suspended); there is no such thing as a \u201cwork permit,\u201d if you are under 21. The suspension is what is often called a \u201chard suspension.\u201d So, don\u2019t get charged with DUI while under the age of 21![\/vc_toggle][vc_toggle title=”What will happens to my license if I receive a DUI, while I am under 21, but not convicted until AFTER I turn 21?”]Ah, this is an interesting issue. What happens is that the DUI is treated, for license purposes, as if you were arrested after you turned 21 years old, and you can receive a work permit and your suspension could last as little as 120 days. Another reason to hire an attorney!!![\/vc_toggle][vc_toggle title=”What about my 5th Amendment rights?”]First, under the 5th Amendment, you have the right to \u201cremain silent.\u201d You can \u201cassert\u201d this and, further, if the officer starts questioning you AFTER you are taken into custody, the officer has to alert you to your 5th Amendment rights. Unfortunately, most of the time, the officer is questioning you BEFORE you are taken into custody and, thus, does not have to warn you of your right to remain silent, before questioning you. The same is true concerning any \u201cField Sobriety Tests\u201d (FST) offered. Before asking you to perform them, unless you were already placed \u201cin custody,\u201d the officer does NOT have to advise you of your 5th Amendment rights.<\/p>\n

Your \u201csilence\u201d can NOT be used against you \u2013 same thing for any refusal to perform any of the \u201cField Sobriety Tests\u201d (FST), which are strictly voluntary. In order to exercise your 5th Amendment rights, you can either remain completely silent or you can tell the officer that you wish to assert your constitutional right against self-incrimination. Once you DO say or DO something, however, that CAN be used against you.<\/p>\n

Bottom line, if you are being investigated for DUI, just tell the officer you wish to exercise your 5th Amendment rights and say nothing else (but, see section on implied consent). result in a conviction.[\/vc_toggle][vc_toggle title=”Do I have to answer the officer’s questions when he asks, “Have you been drinking?“”]No, you do not have to answer the question. You have a 5th Amendment protection against self-incrimination and you have the right to “remain silent.” In order to assert this right, you may either remain completely silent and say nothing or tell the officer that you wish to use your 5th amendment rights against self-incrimination and then remain silent.[\/vc_toggle][vc_toggle title=”What happens if I don\u2019t answer the officer’s questions?”]It depends. You are within your rights to refuse to participate in the field sobriety tests and remain silent, under the 5th Amendment, but you must respectfully decline. If you are disrespectful towards the officer, the way do it, the consequences may extend beyond a DUI charge. For example, appearing unruly might, in and of itself, be evidence of DUI; and, if you are threatening, you can be charged with Obstruction, as a separate crime. Furthermore, when you go to court, you want the officer say you were respectful \u2013 so do so![\/vc_toggle][vc_toggle title=”How should I act when pulled over for a DUI?”]Do not get out of the car unless the officer orders you to do so. The officer has the authority to order you to exit the vehicle, but getting out before he asks is unnecessary and potentially dangerous. It puts the officer on the defensive because he is does not know whether you are armed, about to flee, or just getting out to stretch. Bad idea!<\/p>\n

You must comply with any reasonable orders that the officer may give, such as to exit the vehicle. Failure to do so may result in more fines and charges and, again, create the possibility the officer will overreact. \u201cReasonable requests\u201d does not include the FSTs or even the hand-held AlcoSensor \u2013 you may refuse, at your discretion, and as indicated in the discussion about your 5th Amendment rights, this refusal may not be used against you.[\/vc_toggle][vc_toggle title=”Do I have to complete a field sobriety test (FST)?”]No. Under Georgia law, you cannot be forced to take a field sobriety test, nor can the refusal to perform one be used against you at trial.<\/p>\n

A field sobriety \u201ctest\u201d is designed to test your coordination and balance; however, the \u201ctest\u201d is full of different acts that would be difficult for even many sober people to complete. In other words, they really don\u2019t have much to do with measuring your ability to safely operate a motor vehicle. Often, if you \u201cfail\u201d a test, the reason you did so may have some other causation (you are tired, you have a bum leg, your leg is asleep, you are excited, you are just confused) than what substance might, or might not, be affecting your ability to safely operate a motor vehicle.<\/p>\n

These sobriety tests are really extremely subjective and each officer uses \u201cclues\u201d to gather more \u201cproof\u201d of the existence of a DUI; rarely, is the officer really using them to screen you to fairly determine if you are DUI or not. Since the test is subjectively based on the opinions of each officer, the test can be manipulated to show what the officer wants it to show. And, an improperly administered, explained, or understood FST can result in \u201cbad\u201d evidence.[\/vc_toggle][vc_toggle title=”Can I choose to have my blood-alcohol (BAC) analyzed through a blood sample?”]The officer chooses the sample that is requested for analysis and one cannot demand the officer choose a specific type of sample or method of testing. Once the charged individual has complied with the officer’s request, he has the right to request an immediate blood test, paid for at the expense of the driver; please note, if your request is not granted, your arrest can be voided.[\/vc_toggle][vc_toggle title=”What should I do when pulled over for a DUI?”]The bottom line is that you do what is best for you. This is a case-by-case decision. In many cases, if you feel that you are definitely NOT DUI, you should cooperate fully, since you are more likely to be arrested if you fail to comply with the officer\u2019s requests. If you are uncertain, though, why hand the officer potentially damaging evidence that cannot be used against you?[\/vc_toggle][vc_toggle title=”What is the potential punishment for a DUI offense?”]Conviction from a DUI offense can result in impressive fines, increased insurance rates, and can wreak havoc on a driver’s license. The punishment for a DUI becomes more severe for multiple DUI violations within a five (5) year period (Habitual Violators). For the 1st DUI offense (with no injuries), the maximum penalty is 12 months in jail and a fine of up to $1000.00; the fines escalate to $5,000.00 for a 3rd \u201cmisdemeanor\u201d DUI conviction. Even with a first DUI, there is a requirement of at least 24 hours in jail, which most courts will enforce. So, hiring an attorney can make a BIG difference with jail time, probation, and keeping one\u2019s driver\u2019s license![\/vc_toggle][vc_toggle title=”What is the potential punishment for a FELONY DUI offense?”]If the DUI is alleged to have resulted in serious bodily injury (DUI \u2013 Serious Bodily Injury), or death (Vehicular Homicide) then the fines become even more severe. For example, Vehicular Homicide is when a person causes the death of another because they were DUI. If convicted, one could be facing a sentence of imprisonment for \u201cnot less than three years no more than 15 years.” O.C.G.A. 40-6-393. DUI \u2013 Serious Bodily injury, as one may imagine, is when an individual is DUI and causes serious bodily injury to another person. If convicted of this crime, one will \u201cbe guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years” O.C.G.A. 40-6-394[\/vc_toggle][vc_toggle title=”What is going to happen to my license and can I get a work permit?”]The effect on a license, if found guilty of DUI, varies. Circumstances to consider include previous convictions, damage caused, injuries incurred, etc. For example, if this is the first offense in the past five (5) years, the license may be suspended for a year, although, the judge may give a work permit, good for 120 days. If a work permit is awarded, on the 121st date from the conviction, the convicted individual is eligible to have his license reinstated, barring the attendance and successful completion of an approved DUI class. Therefore, for a 1st DUI, the effect on one\u2019s ability to drive is fairly minimal. On the 121st day, the work permit is no longer valid and driving privileges are suspended until the license is reinstated. If reinstatement is applied for through email, there is a $200.00 fee that is required. If done in person, the fee is $210.00 and addressed at the DDS offices.[\/vc_toggle][vc_toggle title=”What will happen to my license if I have a prior DUI conviction?”]If charged with and convicted of a DUI fewer than 5 years prior, one\u2019s license can be suspended for eighteen (18) months, with 120 days of \u201chard\u201d suspension (no driving at all), and eight (8) months of qualified suspension (using an ignition-interlock device). Additional penalties can be put into place for individuals with multiple DUI convictions or habitual violators.<\/p>\n

Depending on the situation, one might be able to apply for a “hardship” license. This option is not available under O.C.G.A. 40-5-58 if one has a prior conviction within 5 years and may be denied if one has a conviction within the last two years. In order to obtain a hardship license, one needs to file an application form with the DDS. No administrative hearing is required. If the applicant can show that the refusal to issue the permit would result in “extreme hardship” then the DDS must give the permit. “Extreme hardship\u201d means that one cannot reasonably obtain other transportation, and therefore, the applicant would be prohibited from: (1) Going to his or her place of employment or performing the normal duties of his or her occupation; (2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he or she is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver\u2019s license or by the commissioner. O.C.G.A. 40-5-64(c) (effective till Jan. 2013)[\/vc_toggle][vc_toggle title=”What is an ignition-interlock device?”]An ignition-interlock device is a mechanism that detects if there is any alcohol on one\u2019s breath (which begs the question about why you would have to use one, if your DUI priors were for something other than alcohol). The device is installed on a motor vehicle\u2019s dashboard. Before the vehicle\u2019s motor can be started, the driver must first exhale into the device. If the breath-alcohol concentration is greater than the programmed blood alcohol concentration, the device will prevent the engine from being started.[\/vc_toggle][vc_toggle title=”Does the administrative hearing determine whether I am guilty or innocent?”]No. An administrative hearing has nothing to do with one\u2019s guilt or innocence. This hearing strictly determines the status of your Georgia driving privileges. The administrative judge will look at the evidence to determine whether suspension is warranted. Factors that the administrative judge might consider include:<\/p>\n