Located in suburban north Fulton County, Roswell is an affluent and diverse city. But getting a DUI charge there can be an anxiety-provoking and an altogether scary experience, particularly because most people have a lot to lose when facing a criminal charge. As Roswell DUI lawyers, we wanted to set out for you 6 important things to know about the process as well as key information that can be of help to you as you face a DUI charge. This blog post is written to give you five important things to know about DUI cases in the Roswell Municipal Court. This will hopefully allow you to make better informed decisions and potentially mitigate the consequences of a DUI charge.
- The Legal Blood Alcohol Concentration (BAC) Limit: Under Georgia law (thus its applicability to the city of Roswell), the legal limit (what’s known as the per se limit) for blood alcohol concentration (BAC) is 0.08%. If you're found operating a vehicle with a BAC level at or above this limit, you can be arrested and charged with DUI. Indeed, even if you’re under .08, you can still be legally charged with DUI. For drivers under the age of 21, however, the limit is much lower at .02, which is really a very small amount of alcohol.
- Administrative License Suspension: Getting arrested for a DUI in Roswell means your driving privileges are at risk. Georgia employs an administrative license suspension (ALS) program, which means that your license can be suspended if you refuse to submit to a breathalyzer test or take a blood test. You need to act quickly if you are arrested for a DUI and submit an ALS appeal to the Georgia Department of Driver Services. Also, an Ignition Interlock Device can be used instead of the appeal on certain occasions.
- Potential Consequences: A Roswell DUI conviction can have serious negative consequences. Fines, mandatory alcohol education programs, awareness classes, probation, community service, and even jail time are all possible under Georgia law.
- Ignition Interlock Device (IID) Requirement: In Georgia, a DUI conviction can in certain cases result in the mandatory installation of an Ignition Interlock Device (IID) in your vehicle. This device requires you to pass a breathalyzer test before starting your car as well as periodically while driving. The IID is set to record and monitor your BAC levels. Violations or attempts to alter, modify, or tamper with the device can result in further legal consequences. Understanding the potential IID requirement is essential for managing your expectations and planning accordingly. In some cases, an IID can be utilized instead of an ALS appeal, as described above.
- Seek Professional Legal Guidance: Navigating the complex legal landscape of a DUI case in Roswell requires professional expertise. Hiring an experienced Roswell DUI attorney who specializes in municipal court proceedings and knows the prosecutors and judges is highly recommended. A skilled attorney can assess the specifics of your case, provide personalized advice, and build a strong defense strategy tailored to your situation. They can also guide you through the court process, ensure your rights are protected, and potentially help you achieve the best possible outcome.
- The Roswell Municipal Court: Located at 38 Hill Street, Roswell, GA 30075, the Roswell Municipal Court serves as a vital component of the judicial system in Roswell, Georgia. Kim Moody is the Municipal Court Administrator and Krista Young is the Prosecuting Attorney, also known as the solicitor. As a local court, it handles a range of cases, including traffic offenses, code violations, and misdemeanor criminal cases, including DUI (Driving Under the Influence).
Here are some things to know about the Roswell Municipal Court:
Structure and Jurisdiction: The Roswell Municipal Court operates under the authority of the City of Roswell. It has jurisdiction over violations and offenses that occur within the city limits, including misdemeanor criminal offenses, traffic violations, and city code infractions.
Judicial Proceedings: The Municipal Court in Roswell is presided over by a municipal judge, also known as the city court judge. The judge is responsible for overseeing the court proceedings, hearing cases, and delivering fair and impartial judgments. The court follows all Georgia established legal procedures and rules to ensure the protection of individual rights and due process.
Focus on Traffic Violations and DUI Cases: One significant area of focus for the Roswell Municipal Court is traffic violations, including speeding, reckless driving, hit and run, driving with no insurance, and failure to yield. Additionally, the court handles DUI cases, which are taken seriously due to the potential risks associated with impaired driving. DUI cases involve individuals accused of driving under the influence of alcohol or drugs, and the court plays a crucial role in adjudicating these offenses.
As dedicated DUI lawyers in Roswell, GA, we understand the gravity of DUI charges and their potential implications on individuals' lives. Our goal is to provide comprehensive legal representation to those facing DUI charges, ensuring their rights are protected and building a compelling defense strategy tailored to their unique circumstances. If you or a loved one find yourselves entangled in a DUI case, do not hesitate to reach out to us.