As a Criminal Law Specialist with many years of courtroom experience, Attorney Steven Ward is widely recognized as a seasoned and capable trial lawyer who knows the criminal justice system inside and out. He has handled hundreds of DUI cases, many by favorable negotiated dispositions without trial. Where prosecutors are unwilling to agree to a reasonable settlement, Attorney Ward brings formidable courtroom skills to bear. In fact, his reputation for aggressive and effective trial work often plays a part in the achievement of reasonable settlement agreements.

DUI cases can be staggering in their complexity, raising a variety of serious and highly technical Constitutional Law issues. In order to effectively handle DUI cases, a criminal defense lawyer must have a solid background in anatomy, biology, chemistry, physiology, and toxicology, and an intimate understanding of the function and operation of the various testing instruments and procedures used by hospital and laboratories in measuring alcohol and/or other drugs in the human body.

Steven Ward is firmly dedicated to the fight for justice and fair treatment for all those in Atlanta accused of the following types of drunk driving offenses:

• Driving Under the Influence of Alcohol or Drugs (DUI)
• DUI with a child passenger
• Accident with serious injury or death
• DUI Vehicular Homicide
  
• Hit and Run Driving
• Reckless Driving
• Contests of Speed
• Driving on a Suspended License
• Other Traffic Crimes
• Department of Motor Vehicles (DMV) or other state licensing agency Suspension/Revocation Hearings
  • DUI Conviction
  • Chemical Test Refusal
  • Medical or Drug Suspension
  • Negligent Operator (too many tickets) Suspension

Even for a first offense, the penalties for a DUI can include license suspension, substantial fines, mandatory alchohol and drug evaluation, recommended follow up, time in jail and spectacular increases in insurance rates. A conviction can jeopardize employment and personal credit, and it can seriously strain personal relationships. There’s just too much at stake in a DUI case to take chances with a lawyer who lacks experience and expertise in this challenging field. You need an aggressive and talented DUI lawyer who will fight for your rights. When things go wrong, Attorney Steven Ward helps put them right.

"Since 1996 I have focused my entire practice on DUI defense. All my energy and efforts are geared toward this specialized field of practice. I am continually keeping current on the ever-changing DUI laws by attending and speaking at  DUI seminars in Georgia and across the nation. My firm has argued DUI cases in the higher courts such as the Georgia Court of Appeals and the Georgia Supreme Court with success. I am a criminal trial attorney which allows me, on average, to participate in 25 jury trials each and every year. This is what I do."

-- Attorney Steven Ward

Examples of the results Attorney Ward has achieved include the Gray and Ellison cases, both of which resulted in a dismissal of the DUI charges against his clients and helped define the standard for an  unlawful arrest in DUI cases in Georgia.

If you or someone you know needs the legal counsel of an experienced Atlanta DUI lawyer, contact Attorney Steven Ward today at 866-731-9137, or use the contact form provided on this site to schedule your free consultation.

Driving Under the Influence (DUI):
DUI stands for Driving Under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit.

Driving with a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail. Under some circumstances, as where someone is killed or injured in an accident caused by a driver whose license is suspended or revoked, the offense can be charged as a felony, with a high fine and a possible state prison sentence. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.

Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety of others or the property of others. It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds. It is generally charged as a misdemeanor, punishable by a fine and a local jail sentence. It sometimes results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance. Automobile insurance companies know that people who drive “recklessly” are more likely than others to get in traffic accidents. Also, “reckless driving” convictions are commonly seen as part of a plea bargain in which an initial DUI charge is “reduced” to reckless driving.

Hit and Run Driving:
Hit and Run Driving is a serious offense that involves leaving the scene of an accident without first stopping and identifying oneself to the other driver or drivers. It is, at minimum, a serious misdemeanor punishable by jail time and a high fine. If someone is injured or killed in the accident, hit and run driving is charged as a felony that can result in a state prison sentence. In either case the charge has nothing to do with who was at fault in the accident. Apart from the other penalties, hit and run driving can result in long-term driver's license suspension or, in some cases, actual license revocation.

Driving Under the Influence – Murder:
Murder is the criminal charge for unlawfully killing someone, either deliberately and intentionally or recklessly with extreme disregard for human life. In some states, when someone driving under the influence causes an accident in which someone is killed the driver may be charged with murder if the circumstances are particularly aggravated.

Driving Under the Influence – Manslaughter:
Manslaughter is the criminal charge for unlawfully killing someone without actually intending to do so. When someone is driving under the influence and causes an accident in which someone is killed, the driver may be charged with manslaughter.

Driving Under the Influence (DUI) with Prior Convictions:
In all 50 states, repeat DUI offenders face progressively stiffer penalties. In some states, the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.

Driving Under the Influence of Drugs or Prescription Medications:
Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for DUI by producing a prescription for the drug in question. This is not true.  A DUI (drugs) charge has nothing to do with whether or not possession of  the drug was lawful. The legal issue in any DUI case is whether, as the result of "impairment," the driver has lost the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much alcohol.

Contests of Speed (Drag Racing):
In most states, engaging in contests of speed (racing) is a serious misdemeanor punishable by local jail time and a fine. It can also trigger license suspension or revocation by the Department of Motor Vehicles or other state licensing agency. It is also fairly certain to result in cancellation of automobile insurance. Repeat offenders usually face escalating penalties including felony prosecution in aggravated circumstances.

Other Traffic Crimes:
Every state has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many states have “point” systems to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many “points.” The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.

Administrative License Suspension Hearings:
Most states provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint. Self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:

• Medical/Drug Suspension
  Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders and loss of vision. The defense to this type of suspension usually involves the submission of written reports from health care providers and other experts.
• Negligent Driver Suspension
  This involves situations in which a driver has accumulated too many “points” for traffic tickets or has been involved in an unusually high number of accidents.
• Drunk Driving Suspension Based on BAC
  If a defendant’s chemical test shows a BAC of .08% or more most states impose a 30 to 90 day suspension. This varies from state to state and may be longer than that. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.
• Drunk Driving Suspension Based on Test Refusal
  Where the defendant refuses to submit to a chemical test most states provide for a license suspension ranging from six months to a year, but in at least one state the term is three years. The refusal suspension is not affected by the outcome of a DUI trial. If there is a refusal suspension it remains in place even if the defendant is adjudged “not guilty.” At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.

If you or someone you know needs the legal counsel of an experienced Atlanta DUI lawyer, contact Attorney Steven Ward today at 866-731-9137, or use the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions

The following information includes frequently asked Drunk Driving Defense questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel.  By contacting Attorney Steven Ward at 866-731-9137, you can receive a personal consultation regarding your specific legal claim.

Do I need a lawyer? Why can't I represent myself?
You certainly have a right to represent yourself, but remember the very old legal maxim that, "He who represents himself has a fool for a client." A drunk driving charge requires an expert drunk driving attorney, someone who is familiar with the analysis methods, evidentiary issues and constitutional issues that will be faced in a drunk driving trial. You need an aggressive trial lawyer with experience in actually bringing drunk driving cases to trial.

Do I have to take a chemical test?
If arrested for drunk driving, you will be offered your choice of a blood, breath, or urine test to measure the alcohol in your system. In most states police are not permitted to physically compel you to take a chemical test unless you are involved in an injury-causing accident. To the extent the police may not be able to employ force to coerce you, the answer is "no, you do not have to take the test." Make certain you know the law in your state before you refuse a chemical test, however. Some states do permit police to use reasonable force to obtain a blood sample if a breath test is refused, and in at least eight states the refusal itself constitutes a separate criminal offense. Wherever your arrest occurs, a chemical test refusal will probably trigger serious penalties, including administrative suspension of your driver's license for as long as three years. Even if a jury later finds you "not guilty," your acquittal will not stop the administrative suspension of your license. Thus, while you may have the "power" to refuse the test in some states, you probably do not have the right to do so in any state. And if your case goes to trial, the prosecution will use a test refusal against you as evidence of "consciousness of guilt" on your part, arguing that the reason you refused the test was that you realized the test result would prove your guilt. Refusing a chemical test is almost always a very bad idea.

Do I have to take a Field Sobriety Test (FST)?
No. You are not legally required to perform FST’s, and you should probably "respectfully decline" any request that you do so. It is virtually impossible to pass an FST. Nervous, frightened people tend to make mistakes, and you may be certain that if you are stopped for drunk driving and asked to perform an FST, you are going to be nervous and you are going to be frightened. If you make a single error - even a trivial one - in any of the several stages of the test, the officer may grade your performance as a failure. If, by some miracle, your performance is utterly flawless, one of the witnesses at your trial may be a prosecution expert, testifying that perfect performance on the FST does not necessarily indicate that you were not impaired by alcohol. The expert will then go on to explain that it may very well be an indication that you are a heavy drinker who has built up "tolerance" to alcohol over time. In other words, if you fail the test, that means you were impaired, but if you pass the test that doesn't necessarily help your case. Tell the officer that you are nervous and upset - that will certainly not be a lie - and that you "respectfully decline" to perform any FST’s.

If I am arrested for drunk driving, am I required to take a drug test?
If you are arrested for drunk driving police in most states allow you to choose between a blood, breath or urine test to measure the alcohol concentration in your blood. If you choose a breath test the test equipment used is not capable of testing you for drugs. You should be aware, however, that if you choose a blood test or a urine test, the sample you provide may be tested for drugs as well as alcohol. If the police have probable cause to believe that you are under the influence of drugs you may be required to give a blood or urine sample for testing instead of, or in addition to taking the breath test. Typically this occurs when a driver shows obvious symptoms of intoxication, but a breath test registers little or no alcohol in the system.

When I was arrested the police took my driver's license and gave me some kind of suspension paper. What does this mean?
The paper you received was very likely a Notice of Suspension of your driver's license by your state’s Department of Motor Vehicles or other licensing agency. Typically, this means that either your chemical test showed a blood alcohol concentration of .08% or higher or you refused to take a chemical test. Whichever type of notice you received, the most important thing for you to know, at least, initially, is that unless you request a hearing, the license suspension will happen automatically at the end of a specified time period. The time allowed for requesting a hearing varies from state to state. It can be as long as 30 days or as short as just a few days. Once the time for requesting a hearing has passed there is nothing that can be done to avoid or postpone the suspension. There are a number of technical, legal defenses which may apply to your case and if properly demonstrated at your hearing the suspension may be avoided. In any event, the mere request for a hearing will have the automatic effect of postponing the suspension until after the hearing, and in some cases this may be a matter of months. Under some circumstances, even if the suspension cannot be avoided, your attorney may be able to assist you in obtaining a “restricted” license, which would permit you to drive to and from work, school or medical appointments.

What should I do if I am pulled over by the police?
If you hear the siren and see the red light in your rear view mirror pull to the side of the road as soon as you can do so safely and turn off the engine. Do not get out of the car, but roll down your window and remain seated with both hands on the steering wheel. Do not make any sudden movements that might raise personal safety concerns in the officer’s mind. When the officer approaches your window you will probably be asked to produce your driver's license, automobile registration, and in most states, proof of your automobile insurance. After examining these documents the officer will likely tell you the reason why you were pulled over and you may be asked some questions. You are not required to provide any information beyond the driver's license, registration and proof of insurance, but whether or not you decide to give more information, you should remain courteous. This may not prevent the officer from giving you a citation, but it just might tip the balance in your favor in a judgment call situation. Do not argue with or lie to the police officer. That will not help the situation and it could result in further charges being added to the citation which the officer might otherwise have ignored. The officer will ask you to sign the ticket. You should do so without objection. You are not admitting guilt by signing the ticket. If you read the fine print you will see that what you are signing is a promise to appear in court on a specific date at a specific time. If you refuse to sign the ticket the officer will handcuff you and take you into custody. Remember, a traffic ticket situation need not involve personal confrontation. It’s up to you.

What criminal penalties can I expect if I am convicted of drunk driving?
While there is considerable variance from state to state most drunk driving laws provide a first offense a fine ranging from $500 to $2500, including special assessments, a jail term of six months to a year, and a driver's license suspension. In most states, the judge has the discretion to grant probation so that all or most of the jail sentence is held over the defendant’s head until probation is completed. The probation term is usually from three to five years. The judge will usually impose additional probation requirements ranging from attendance at AA meetings and participation in alcohol rehabilitation and education programs to attending M.A.D.D. panels and performing community service (usually picking up trash at the side of the freeway). Repeat offenders often face an additional condition of probation which requires them to install some sort of ignition interlock device on their automobiles. With one of these devices in place the driver must blow into an mouthpiece and if there is alcohol on the breath the device will prevent the engine from starting. The penalties escalate with greater intensity on each subsequent conviction until eventually, the defendant may be charged with a felony and face a term in state prison.

If I refuse to take a chemical test, can I still be convicted?
You certainly can. The process of chemical testing for alcohol and drugs is a relative newcomer to the business of prosecuting impaired drivers. Chemical tests can be quite helpful to juries in determining the facts, but they are not essential. Prosecutors were obtaining convictions in drunk driving cases long before chemical testing was available. In most cases, refusing a chemical test will not greatly improve your prospects at trial, and any minor benefit it may produce is usually overwhelmed by the many other harsh consequences it brings.

How long will I lose my driver's license?
The answer to this question varies from state to state, and according to the reason for the license suspension. Most states are relatively tolerant in the case of a non-aggravated first drunk driving offense. If your chemical test shows a BAC of .08% or more most states require an administrative suspension of your license usually for a term of 30 to 90 days. Administrative suspension has nothing to do with the Court, but is handled by your state Department of Motor Vehicles or other licensing agency. These suspensions typically go into effect automatically if you do not request a hearing within a specified time, which can be a short as ten days or less. If you move quickly to request a hearing, however, you may continue to drive, at least until after the hearing. If your license was suspended for refusing to take a chemical test the term of the suspension will be longer, in some states as long as three years. It is much more difficult to convert a refusal suspension to a restricted license. With either type of suspension, you should be aware that driving with a suspended license triggers extremely harsh penalties in most courts especially when the license suspension arises out of a drunk driving conviction.

If I am convicted of drunk driving can my insurance company cancel me?
Yes, and many companies will do so as soon as they learn of the conviction. Others may not cancel, but will not accept renewal of your policy when it expires. That doesn’t mean that you cannot purchase insurance, but you will probably be limited to an “assigned risk” policy, and your premiums will be very expensive.

Professional Profile

Attorney Steven Ward understands that DUI charges carry severe consequences for individuals and their families. He is committed to providing clients with aggressive and dedicated legal representation, while simultaneously treating clients with genuine courtesy and respect.

If you or someone you know needs the legal counsel of an experienced Atlanta DUI lawyer, contact Attorney Steven Ward today at 866-731-9137, or use the contact form provided on this site to schedule your free consultation.

FIRM ADDRESS:
Stein & Ward
1355 PEachtree St. NE, Ste. 150
Atlanta, GA 30309
Telephone: 866-731-9137
Free Initial Consultations
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After-hours Appointments Available Upon Request

MEMBERS OF THE FIRM:
Steven Ward

COURTS ADMITTED:
Georgia

PROFESSIONAL MEMBERSHIP:
Georgia Association of Criminal Defense Lawyers