Phone (678) 387-6920 / Cell Phone (404) 932-3099 / To Email Sean Click Here
Proudly Serving Atlanta, Georgia and the entire metropolitan area.
Driving Under the Influence is a very serious crime. Needless to say, if you are facing a DUI charge, you may soon enter a serious court battle with your driver’s license, your reputation, and your future on the line.
Strong DUI representation is key because DUI law is complex and the penalties are severe and may begin to take effect only 10 business days after arrest unless an appeal is filed timely and properly with the DMV.
The State can secure a DUI conviction by either showing (1) that the Defendant's blood alcohol content (BAC) was .08 grams or more within 3 hours before or after being in control of the vehicle or (2) that the Defendant was a "less safe" driver.
A knowledgeable and experienced DUI attorney can prevent the State from being able to introduce BAC results as evidence at trial because of the State's failure to follow or meet specific legal guidelines relating to the administration of the breath test or its results. Also, a knowledgeable and experienced DUI attorney can effectively challenge the accuracy and reliability of the BAC results, as well the results of any field sobriety tests. DUI cases are won by securing a dismissal or reduction to a lesser offense!
Obviously, having an experienced and skilled attorney to advise and represent you can make a critical difference in how your case is resolved. Sean J. McIlhinney is known as the DUI PRO, and he has the experience, relationships and litigation skills to provide you with the best possible defense the law has to offer, whether he is negotiating your case or trying your case before a judge or jury.
Sean always works to (a) have your DUI charge dismissed and/or reduced, (b) secure a driving permit for you at the conclusion of the case and (c) protect you from jail time! Do not make the mistake of handling your case alone or relying upon a novice or less experienced attorney! Sean is availabe for a FREE CONSULTATION.
10 Business Day Deadline for DMV Appeal
The Department of Public Safety (DPS) will automatically suspend a driver's license for 1 year if any of the following occur: (1) a Driver's BAC is .10 grams or greater; (2) a Driver refuses to take the State's test; and (3) the Driver is under 21 years of age and his or her BAC is .02 grams or greater. Fortunately, a Driver can challenge this automatic suspension but the appeal must be in writing and filed within 10 business days from the date of arrest.
DUI Penalities (for over 21 driver and non commerial drivers)
Upon a first conviction of DUI within a five-year period (the time is determined using the dates of arrest), a defendant is subject to the following penalties:
- up to a $1,000.00 fine plus Court costs
- minimum 24 hours jail time and a maximum of 12 months (an experienced DUI attorney can often times help you avoid this 24 hour jail time requirement!)
- minimum 40 hours community service
- 12 month probation
- 1 year license suspension (a knowledgeable DUI attorney can show a Defendant how to avoid this harsh sanction by securing a limited work permit)
- DUI Risk Reduction school
Upon a second conviction of DUI within a five-year period (the time is determined using the dates of arrest), a defendant is subject to the following penalties:
- up to a $1000.00 fine plus Court costs
- minimum 72 hours jail time and a maximum of 12 months
- minimum 30 days (i.e. 240 hours) community service
- 12 months probation
- 3 year license suspension (a knowledgeable DUI attorney can show a Defendant how to avoid this harsh sanction but there is a minimum loss of license for 12 months followed by a six month ignition interlock device period)
- Mandatory alcohol evaluation and/or treatment
- Mandatory publication of picture and name in newspaper
- DUI Risk Reduction school
As you can expect, the penalties for a third DUI conviction within a five-year period are even more severe than that of a second DUI conviction and among other penalties include a fine up to $5,000.00, minimum 15 days in jail, 30 days community service and a 5 year license revocation.
Defenses to Breath Test (Intox 5000)
Defenses to Field Sobriety Test
Other Successful Defenses (Probable Cause, Implied Consent)
Under 21 Drivers
DUI Testimonials
If you have questions or need representation, please call the firm for a FREE consultation.
Top Notch Counsel -- Experience Counts
Sean J. McIlhinney
Attorney at Law
4036 Wetherburn Way
Suite A
Norcross, GA 30092
Phone (678) 387-6920
Cell Phone (404) 932-3099
Fax (678) 387-6926
To Email Sean Click Here