Alpharetta Felony DUI Lawyer
Most of the time when one is charged with a DUI they will be facing a misdemeanor. However, depending on the facts of the case, the individual could be looking at a felony. A DUI offense can be elevated to a felony due to aggravating factors such as a fourth DUI charge within 10 years.
If you are facing a felony DUI offense, you should reach out to an experienced DUI attorney right away. An Alpharetta felony DUI lawyer could advocate for you and help you understand your legal options.
Dealing with a Felony DUI Compared to a Misdemeanor DUI
There is a difference between the case process of how a lawyer will deal with a felony DUI compared to a misdemeanor DUI. In a felony case, the defense lawyer will deal with the District Attorney’s Office rather than the Solicitor General’s Office.
Also, it may be difficult to get a bond in a felony DUI case. For example, if the defendant has received their fourth DUI within 10 years, the judge will likely deny bond on account of public safety. This means the defendant may have to remain in jail while their case is pending.
Felony DUI charges are more difficult to defend than a misdemeanor DUI. In a felony DUI case, the prosecutor is likely going to file a similar transactions motion, which seeks to bring in the defendant’s prior record for DUI charges in the new case. When defending a felony DUI case, a defense lawyer is also battling against the admissibility of the defendant’s criminal record for DUI coming into evidence.
Defending a Felony DUI Charge
To prepare a defense for felony DUI charge, an Alpharetta felony DUI attorney will get the police reports and do open records request to get any video or audio tapes from the patrol car. The lawyer will also check to see if there is any police body camera footage. The attorney is going to do a background check on the arresting officer’s training records and see if there have been any citizen complaints made against them.
If there was a blood test conducted, the lawyer will do a full information request for anything related to the blood test. This includes how the blood was drawn, transported, stored, and tested to see if there are any irregularities along the way. If there was a breath test, the attorney will get a copy of the breath testing results and do a background check on the machine that the defendant was tested on, including getting the certificates of inspection that are issued each quarter showing where the machine is checked for calibration. They are going to look for any irregularities in the way the breath test was performed.
Felony DUI Penalties
The penalties associated with a felony DUI in Alpharetta are no less than one year in jail nor more than five years in jail. The fines go up between $1,000 and $5,000, community service is 240 hours, mandatory counseling, and then there are all the other conditions including ignition interlock on a vehicle once the individual is able to get their driver’s license back after five years. During the period of probation, they would be subject to random screens for alcohol and drugs with the condition no alcohol or drugs. To avoid the significant penalties associated with a DUI, the defendant should obtain a skilled felony DUI lawyer in Alpharetta as soon as possible.
How an Alpharetta Felony DUI Attorney Could Help
A local and experienced defense lawyer could help identify defenses to the case and battle against the admissibility of the defendant’s prior record being offered into evidence. An Alpharetta felony DUI lawyer could investigate the charges, challenge the evidence, and negotiate with the prosecutor before the case goes to trial. If you are facing felony DUI charges, contact an accomplished attorney who could help you build a strong defense. Call today and set up a consultation.