Kozycki Law has a strong focus on Georgia DUI defense, with a proven record of success. Atlanta DUI lawyer, Rebecca Kozycki, won the award of 2013 Top Georgia DUI Trial Attorney by the Georgia Defense of Drinking Drivers organization. She is also certified by the National College for DUI Defense, held at Harvard Law School in Cambridge, Massachusetts. Rebecca was recognized by Atlanta Magazine as a Georgia SuperLawyer consecutively every year since 2013. While she represents criminal defendants against numerous crimes, her reputation for excellent Georgia DUI representation is widely recognized by peers and satisfied clients statewide.
Top Atlanta DUI lawyers know that one of the toughest consequences of a Georgia DUI arrest is the suspension of your driving privileges. As a leading Atlanta DUI defense attorney, Rebecca Kozycki has conducted numerous successful hearings at the Georgia Department of Drivers Services (DDS). Kozycki Law takes prompt and decisive steps to restore your right to drive.
If the officer that arrested you files for a suspension of your driver’s license, the Georgia Department of Driver Services (DDS) will determine if your Georgia license is subject to an administrative suspension. You must request a hearing within 30 days from the date of your arrest. Contact Kozycki Law immediately after your Georgia DUI arrest so we can promptly send the appropriate letter to request an Administrative License Suspension (ALS) hearing and challenge the suspension of your driving privileges. The DDS charges a $150.00 filing fee for the hearing, and this $150.00 must be included with the letter.
After we send the request for a hearing, DDS will send notification of a scheduled date. We will receive notice of the hearing date about 2 weeks prior. Kozycki Law will represent you at the hearing and typically your presence is not required.
The state must meet its burden of proof for the DDS to suspend your driver’s license. At your hearing, Kozycki Law will demand that the state prove beyond a reasonable doubt that:
- The officer had reasonable grounds to believe you were driving a vehicle while under the influence of alcohol or drugs
- You were lawfully placed under arrest
- A valid test was completed
- The test concluded that you had a blood or breath alcohol content (BAC) of .08 or more, or .04 or more if you are a commercial driver charged with DUI while driving a commercial vehicle
- You were properly advised of your Implied Consent Rights
Losing your driver’s license is more than just an inconvenience. Unless you live in a pedestrian community or you have access to reliable public transportation, you may encounter serious problems at your job or school and may be unable to receive the medical care you need. Driving while on a suspended license in Georgia can lead to even more trouble. The DDS issues restricted permits to eligible drivers “for travel to and from work, on the job, to and from school, and to and from a treatment center.”
A driver who operates a bus, a tractor-trailer, or a commercial truck or van must obtain a commercial driver license (CDL). The issuance of a CDL indicates the driver’s special training and skills in the safe maneuvering of large, heavy vehicles. The regulations governing CDLs are intended to protect passengers, other motorists and the public. Violation of the strict CDL rules concerning drug and alcohol use can result in harsh penalties.
Kozycki Law handles the most challenging DUI cases involving commercial licenses, high blood or breath alcohol content (BAC) and DUI accidents. If you have been charged with Georgia DUI, your commercial driver license and your livelihood are at stake. Kozycki Law aggressively challenges the issues to preserve your rights, your liberty and your job.
Georgia law sets the legal BAC limit at .04 for commercial drivers — one-half of the minimum legal BAC that applies to other drivers. A commercial driver can also be charged for driving under the influence of drugs. Impairment by any type of drug — including over-the-counter and prescription medications — can result in a DUI arrest with serious consequences.
Consult with Kozycki Law about protecting your driver license, call Kozycki Law today at (706) 333-8599 or contact [email protected]
A conviction for DUI can end your career as a commercial driver. Depending on the circumstances of your charge, conviction can result in incarceration, fines, probation and installation of an interlock device in your vehicle. In addition to punishments other drivers face, you also risk:
- First offense — loss of your CDL for one year
- Second offense — loss of your CDL for life
- Refusal to submit to BAC or drug tests — loss of your CDL for life
To learn more about the DUI laws that affect commercial drivers, call Kozycki Law today at (706) 333-8599 or contact [email protected] to schedule your FREE INITIAL CONSULTATION.
Georgia sets up sobriety checkpoints throughout the state. This is especially true during the holidays. Studies have shown that checkpoints are no more effective than police officers driving around looking for violations. Kozycki Law believes that these roadblocks are unjust stops, searches and seizures and will fight for you if you are arrested as a result of a sobriety checkpoint.
Remain calm. You have not committed any crime. Follow these tips so you go home instead of to jail.
- Approach the roadblock carefully, obeying the directions of the officers regarding where to park your automobile.
- Alert your passengers that you are approaching a roadblock and ask them to refrain from talking or joking.
- Do not roll down your window unless ordered to do so.
- Say nothing to the police.
- Politely refuse to perform field sobriety exercises if asked to do so.
- Remain calm and respectful at all times.
A DUI charge has nothing to do with whether your possession of the drug was lawful. The legal issue in a DUI case is whether you were impaired and lost the ability to drive safely. Just as you can be arrested for driving after drinking too much alcohol, you can also be charged with driving under the influence of properly prescribed medications. Georgia law makes it illegal to drive if you are impaired in any way by any drug in your system.
You are likely familiar with the laws against driving while impaired by alcohol. If you over a BAC of .08, you are presumed impaired. However, you can still be charged with a DUI if your BAC is lower or you refuse to take a breath test. In addition, you may be charged with driving while impaired by drugs that are undetectable through breath analysis, but which can be tested through blood or urine testing, including:
- Over-the-counter (OTC) medications — such as cold and allergy medications and OTC sleeping pills
- Prescription pharmaceuticals — for example, antidepressants, antihistamines, anxiolytics, hypnotics, muscle relaxants, sedatives, anorectics, attention deficit disorder (ADD) medications, analgesics and cough suppressants
- Illicit drugs — including marijuana, cocaine, heroin, LSD, MDMA, peyote and PCP
In addition to the DUI charge, you may also face arrest if you have in your possession an illicit substance or a legal medication that has not been properly prescribed for you.
Driving while impaired by prescription medications carries stiff penalties in Georgia, even for first-time offenders. A conviction for DUI involving a prescription drug might result in:
- License suspension
- Substantial fines
- Community service hours
- Mandatory attendance at a state-approved program
- Jail time
As with a drunk driving conviction, conviction for DUI involving drugs typically triggers increased insurance premiums.
Minors accused of underage DUI (age 16-20) are subjected to higher standards than adults are. Georgia has adopted an approach that charges minors who register a BAC at .02 or higher while driving with DUI — as opposed to applying the .08 percent base level used for adults 21 years and older.
As a minor, you face a 6 month driving suspension (if this is a first DUI) A first-offense DUI is a misdemeanor. If convicted of a first offense, there is generally $300 to $1000 in fines, 24 hours to 12 months jail time, and a minimum of 20 hours of community service. Underage drivers convicted of a per se DUI are required to complete their community service within 60 days of sentencing. (Ga. Code Ann. § 40-6-391(c), (k)(2) (2016).)
Having a child, under the age of 14, in the car with you when you are arrested for DUI subjects you to the additional charge of child endangerment, for each child that is in the car. This means if you were driving your three children home and were arrested for DUI, you will be charged with four separate DUI offenses. This fourth DUI charge may be accused as a felony. If you are convicted of a felony, you may be faced with trouble getting a job and difficulty getting your driving privileges reinstated. Rebecca Kozycki is one of the most respected DUI defense attorneys in Georgia. Call for your free consultation immediately to reach the best outcome possible in your DUI and child endangerment charges.