Brookhaven DUI Lawyers: New Court Info.
The City of Brookhaven held its first court session on April 19, 2013. The newly formed City of Brookhaven will run a court that has jurisdiction of local ordinances, traffic offenses and certain misdemeanor offenses to include DUI. Brookhaven's court does have jurisdiction over DUI offenses, including DUI less safe alcohol, DUI per se alcohol, and DUI drugs crimes.
Brookhaven DUI Charges
Like other cities across the State of Georgia, Brookhaven will enforce DUI laws for both refusing to take testing and for testing over the legal limit. Georgia's legal limit is .08 for those 21 and over, and .02 for minors. Broohaven DUI charges will also result in a license suspension that must be challenged within 10 days of an arrest. The Department of Driver Services will suspend the driver’s license or privilege to drive in Georgia of anyone charged for DUI who test over the legal limit or refuses testing.
Brookhaven DUI Penalties
Brookhaven will be responsible for implementing DUI fines and punishments in-line with state law. Therefore, you can expect a first DUI charge in Brookhaven to carry a fine between $300-$1,000, to require 40 hours of community service, 12 months probation, attending DUI school, and getting a substance abuse evaluation. Typically, DUI probation will cost somewhere between $30-$50 a month for monitoring and may require you to give random breath or urine samples.
The Two Types of Brookhaven DUIs
Brookhaven DUIs for drinking and driving will consist of three main DUI charges: the less safe DUI and the per se DUI. A DUI less safe case is made when the police officer believes they have the evidence that you were so impaired by alcohol that you could not drive your vehicle safely. Brookhaven’s less safe DUI charges will focus on your driving actions, your performance on field sobriety tests and your overall demeanor and interaction with the Brookhaven police.
The second alcohol DUI charge- the per se DUI- will be charged if you blow or a blood test reveals you are over the legal limit. A vast majority of DUI suspects will only be asked to provide breath samples, but cops do have the right to ask for blood as well.
The third main DUI charge that is enforced in Brookhaven is the DUI drugs charge. A DUI drugs charge requires the arresting police officer to prove that you were incapable of driving your vehicle safely due to drugs consumed before you drove. The drugs can be perfectly legal prescriptions you have, or illicit drugs. Either way, the prosecutor will generally need to prove you were less safe. Georgia laws do not currently provide for any per se- or legal limit- of certain drugs in your system.
Fighting Your Brookhaven DUI Charges
to fight Brookhaven DUIO cases, you and your lawyer will attend court both in the Office of State Administrative Hearings (for your license) and in the Brookhaven Municipal Court. At your municipal court hearing(s), your lawyer will negotiate with the prosecutor to work out a plea or resolution to your case. If nothing is able to be worked out, you do have the right to have your case transferred and heard in DeKalb County.
Additionally, your lawyer will attend your driver's license hearing with you in Atlanta at the OSAH building on Peachtree Street. This hearing addresses only your driving privileges, and does not have any bearing on your prosecution in Brookhaven unless you sign an agreement dealing with your license and a plea in your case.
Brookhaven DUI Lawyers
Both attorneys Watson and Zeliff represent clients and Brookhaven and have handled hundreds of cases with the City’s prosecution team. The same prosecution team covers courts in Dunwoody, Sandy Springs, John’s Creek, Doraville, and other local courts. Attorney Watson is on Brookhaven’s defense lawyer panel and knows how to negotiate your case within Brookhaven.
If you have been charged with a DUI or traffic charge in Brookhaven, call us today to talk about your case and come up with your best defense. We are available 24/7 and can usually appeal your license suspension within 1 business day. We have a satellite office location conveniently located off I-285 in Dunwoody, just outside the City of Brookhaven.