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Criminal Defense / DUI

Bayani Law Firm > Criminal Defense / DUI

DUI, or Driving Under the Influence of alcohol or drugs, is a very serious offense which may result in devastating lifelong consequences. In Georgia a person can be convicted of a DUI if they have a blood alcohol content of .08% or greater OR if the alcohol they’ve consumed is enough to consider them a less safe driver.  If you are Under 21 the percentage is even lower.

In Georgia, a person can also be charged with a DUI if they’re under the influence of a drug or drugs that would cause them to be a less safe driver.  For all of these reasons, you need Bayani Law Firm when you or someone you love is charged with a DUI. Do not trust inexperienced Attorneys to handle this serious matter.

Every case is different, and every case is serious.

CRIMINAL Charges

If you or someone you care about has recently been arrested in Georgia and charged with a violation of the law, immediately contact Bayani Law Firm. We handle cases from juvenile issues , traffic tickets and misdemeanors to major felony charges. No case is too big or small. Call and set up your consultation today.

We understand that you may have questions about your case. We will answer all of your questions using simple terminology so that you know what to expect and what your options are.  We will go over all of your legal options. We help prepare you for court putting your case in the best possible position before you appear in court.  Each criminal case is unique, we care about you and your matter. Don’t waste time with larger firms who don’t care about results. Don’t wait any longer, you are important. Bayani Law Firm can help. Attorney Bayani is experiences as an ex- Prosecutor, as well as a Criminal Defense Attorney, this can be unique and valuable to your case.  We handle a variety of cases including but not limited to:

WE HANDLE

  • Shoplifting
  • Domestic Violence – Battery
  • Minor Possession Alcohol
  • Any Drug Charges
  • First Offenders
  • Bench Warrant
  • Hit and Run
  • Bond Hearings
  • Traffic Citations
  • Probation Violation
  • Theft & Financial Charges
  • Habitual Offenders
  • Violent Crimes
  • Felonies
  • Misdemeanors
  • Suspended License
Should I take the Field Sobriety Tests?

Field Sobriety Evaluations are strategically designed to collect evidence that will be used against you at trial. If a police officer asks you to take these tests that is the officer’s way of building a case against you. Know your rights.

Can I refuse the breath or blood test?

Yes, but there could be consequences.

It is your right to refuse to willingly provide a breath, blood, or urine sample to the Police Officer. However, under some circumstances, the Officer can obtain a warrant to forcibly draw your blood. These “vampire warrants” make many people uncomfortable, but are nonetheless a reality of DUI investigations. Secondly, if you refuse to give a breath, blood, or urine sample, the Officer will attempt to suspend your driver’s license. Quick action is needed to stop this type of suspension.  There is a 10 Day deadline to take action in trying to save your license & save preserve your right to drive. Please contact our office immediately so that we protect your right to drive.

Fortunately for Georgia drivers, there are strategic ways to defend your DUI Case, Some of the more common Defenses used include;

  • Establishing that the officer who performed the testing lacked sufficient training;
  • Arguing that any signs of intoxication that were observed were actually the result of a medical condition;
  • Proving that the officer who pulled you over lacked legal justification for the initial stop
  • Casting doubt on the accuracy of the breathalyzer results.

Call our office today, let us become intimate with your case and immediately start defending your rights. You may be facing probation, fines, community service, mandatory drug and alcohol counselling or jail time.

What is a 10-day Letter?

The ten-day period after a DUI arrest is very important in Georgia.  When your driver’s license is taken from you, for refusing to give a sample of your breath, blood, or urine after a DUI arrest, you only have 10 days to challenge this “administrative license suspension.” This is done by sending a letter in to the Department of Driver Services along with a fee. This is a no excuse – deadline, missing it can seriously jeopardize your right to drive. If you miss the deadline, you cannot drive.  Period.

It is IMPORTANT that you consult with Bayani Law Firm Immediately after a DUI arrest. The request for an administrative license suspension hearing must be made in writing, and is completely separate matter from the criminal case against you. We take care of both your DUI and your Driver’s License matter.

Understand that if you refused testing, it is also important to note that there are no hardship exceptions to the one-year suspension, such as a permit to drive to and from work, taking children to school, etc. You will not be able to drive!

There are certain circumstances that trigger the ten-day hearing request requirement.  Even if you were not notified of the administrative action does not necessarily mean the officer did not initiate one. Call Bayani Law Firm today. We will find out your license status and give you the best legal advice. We discuss all of these important matters at your First Consultation.

Can I get a DUI based on my prescribed medication?

Yes. Georgia DUI law makes no distinction between driving under the influence of illegal or prescribed drugs. Many people do not know this. In particular older citizens or people with medical conditions may also be arrested for DUI. In these special cases, it’s important to consult with Bayani Law Firm to provide us with a detailed medical history, including dosage of the drug and how long you’ve been taking it – these facts will significantly help us to defend you.

MARIJUANNA POSSESION CHARGES

Possession of Marijuana within a school zone can carry much harsher sentencing; even if you did not know you were within a school zone.

Depending on the amount of the Marijuana you are caught with, you could be charged with “possession with intent to Distribute.”

Which if convicted, you may be sentenced up to (20) twenty Years in Prison and /or up to $20,000 in fines.

Did you know you can be charged with Possession of Marijuana even if you are not “Holding” the drugs?

If you are “in control” of the Marijuana, you can be found to be in Possession of it.

If it’s within your reach and a reasonable person would believe you had knowledge of it, you can be charged with Possession of Marijuana.

MARIJUANNA POSSESION PENALTIES – First Offense Less than 1 ounce

If this is the first time you are charged with Possession of less than (1) one ounce of Marijuana, we can fight for a “Conditional Discharge” or a Diversion for you.

This means, if you complete the terms of probation or Diversion Program, successfully the Marijuana charge will be dismissed.

If you are not granted a Conditional Discharge, or if you revoke probation or the diversion program, the penalties for possession are up to $1,000.00 in fines and/or (1) year in Jail.

If you are charged with possession of more than one (1) ounce of Marijuana, you are facing serious Felony Charges.

The potential penalty for felony possession of Marijuana is 1-10 years in prison and more than $1,000.00 in fines.

We can help Call Bayani Law Firm today for your FREE consultation.

 

Marijuana Possession & Driver’s License

Regardless of the amount of Marijuana you are convicted of possessing, your driver’s license will be suspended. The length of the suspension depends on whether of not you have any previous drug possession convictions.

Your freedom is too important, you need competent representation…