Buttigieg & Associates, P.C.

OVER 50% OF OUR FIRM'S CASELOAD IS DEDICATED TO DUI/DWI DEFENSE. 

Our firm prides itself on representing a substantial number of clients in DUI/DWI cases across Georgia.  Over 50% of our total caseload is DUI/DWI defense cases. Our continuous research, diligent work ethic, experience, innovative approach and open dialogue with prosecutors helps keep us on the cutting edge to ensure that our DUI/DWI clients get the best defense money can buy. Read our "Recent Sucessful Cases" below for accounts of recent DUI/DWI defense successes. 

DUI/DWI IN GEORGIA 

Driving Under the Influence, or DUI, is one of the most serious misdemeanors you can be charged with in Georgia. For even the first time DUI offender, the penalties for a DUI can be mandatory jail time, automatic suspension of your driver's license, increased insurance rates, community service and substantial fines. Today, the courts can look back 10 years instead of only 5 to assess additional penalties. 

No matter how "unwinnable" you feel your case may be, contact our office today to schedule a free consultation to discuss how we may be able to sucessfully defend you. 

10-DAY RULE

From the date of your arrest, you have ten business days to file a Request for an Administrative Appeal.  If you fail to request an appeal, your driver's license will automatically be suspended.  If you file a timely request for an Appeal, you will be given a hearing to dispute the automatic suspension of your license.  Note that the Appeal must be formatted and submitted according to the requirements of the Department of Driver Services or your request for an appeal may be summarily denied.

At the hearing, the arresting officer will be present and in order to retain your driver's license you must demonstrate that the officer lacked probable cause to arrest you for a DUI, or, in the alternative, you must get the arresting officer to withdraw his or her request for a suspension.

DO I NEED AN ATTORNEY FOR A DUI?

Our firm has handled numerous DUI (drugs and alcohol) cases and has been very successful in gaining favorable dispositions for our clients. Because the DUI laws are extremely complex and because the person accused of even a first DUI has so much at stake, our firm highly recommends the accused obtain knowledgeable counsel. Any person accused of a DUI will be up against a skilled prosecutor and skilled law enforcement officers that will know how to persuasively argue their case through police training and experience.  Having a knowledgeable DUI attorney will significantly improve your chances of achieving a favorable disposition. 

EXACTLY HOW CAN YOUR FIRM HELP ME WITH MY DUI/DWI CHARGE?

Regardless of your guilt or innocence, our firm can assist you in several ways.  We have a strong regional presence and our track record in DUI cases is very good.  We have worked on numerous DUI cases and are knowledgeable of not only the current DUI laws, but also of the prosecutors and court systems within which we practice.  We approach every DUI case, no matter the facts and no matter the client, as if we fully intend on taking the matter to trial before a jury.  Specifically:

First, we appeal the administrative suspension of your driver's license which usually allows us to keep you behind the wheel while your case is pending.  This appeal is filed within the 10-day time frame allowed by the DDS 1205.

Second, we file extensive discovery motions to find out precisely what the State intends to allege against you and what evidence they have.  Sometimes law enforcement is not cooperative and we have to subpoena documents from them or obtain a court order.  Based on the materials we obtain through discovery, we then proceed to go through every aspect of your case with a fine-toothed comb to make sure that the arresting officer acted properly and lawfully at all times.  Many times, the officer will have committed mistakes which can substantially impair their ability to effectively prosecute you and may, in some cases, be cause for a dismissal of your case.  For instance, not being certified to take your breath sample, or not having probable cause to have detained you in the first place. 

Third, we do our own leg work to ensure that the State provided our office with all of the evidence and to obtain evidence not in the State's file, such as the arresting officer's training history, employment file and the very manuals he or she used while they were in DUI detection training.

Fourth, in many cases we enlist the assistance of nationally-recognized expert consultants and have them review your file to help us determine important mistakes made by law enforcement. 

Fifth, we keep an on-going dialogue with the prosecutors and law enforcement officers regarding your case.  We let them know that we are serious about defending you.  Our continuous dialogue allows us to obtain favorable recommendations in may cases which allow our clients to "plead out" to lesser infractions, such as Reckless Driving, which carry substantially lower penalties.  Sometimes the facts are such that a trial is necessary.  Because of our early preparation and zealous attention to detail, if a trial is required, we are more than ready.

Sixth, we keep the client in the loop during the entire process through phone calls and status letters with enclosures of relevant documents so you can stay on top of your case while we're working on it.

No matter the circumstances of your arrest, our firm is committed to assisting you keep your license and obtaining a favorable disposition, whether through plea bargaining or a trial of the case.

HOW MUCH DOES YOUR FIRM CHARGE FOR A DUI CASE?

No two DUI cases are alike, and as such, our firm charges our clients on a case-by-case basis. Generally, a DUI case will cost in the neighborhood of $2,500-$7,000, depending on the complexity of the case, the number of previous DUI's the client has had, and whether the case will be plead out or tried.  Generally, a client with no prior DUI's will pay a total of $2,500.00.

CAN I COME IN AND TALK TO A LAWYER FOR FREE?

Initial client consultations are always free.  Please contact us to set up an appointment. You may call our Forsyth office at (478) 994-3226, our Macon office at (478) 405-8880, telephone attorney Dustin M. Buttigieg directly on his cellular at (478) 973-1621, email us or use our convenient contact page to ask questions.

WHERE DOES YOUR FIRM PRACTICE?

We handle DUI cases Statewide, with an emphasis on Middle Georgia. We have offices in Macon, Georgia and a second office in Forsyth, Georgia.

HOW DO I CONTACT YOUR FIRM TO REPRESENT ME IN MY DUI/DWI?

You may call our Forsyth office at (478) 994-3226, our Macon office at (478) 405-8880, telephone attorney Dustin M. Buttigieg directly on his cellular at (478) 973-1621, email us or use our convenient contact page .Please keep in mind that you only have a few days from the date of your arrest to save your driver's license.

RECENT DUI CASES HANDLED SUCESSFULLY BY OUR FIRM:

State v. C.S., (DUI, Fleeing/Alluding, Failing to Maintain Lane, etc.) 2011

Client was arrested for DUI after C.S. swerved into the lane of an on-coming law enforcement officer on H.W. 96 in Houston County, GA while allegedly under the influence of alcohol. After avoiding being struck by C.S.'s vehicle, the arresting officer turned around to pursue C.S. Then, C.S. attempted to allude the officer by failing to stop and by driving out into a field and running away on foot. C.S. was arrested after his wife was observed picking him up near the scene of the crime later in the night. 

C.S. retained our firm in 2009 to represent him and C.S. was able to retain his full driving privileges at all times.  On June 30, 2011, the State DISMISSED this case and terminated the prosecution.  Although the Nolle Prosequi order was silent as to the reason for the dismissal, our office believes it was dismissed in large part due to evidence that could not be located.

State v. R.W., (DUI) 2011

Client was arrested for DUI after law enforcement determined Client was under the influence of alcohol while driving in Fulton County, Georgia.  R.W. maintained his innocence and felt he had been railroaded by the officer he had stopped to get directions from. After hiring our office, R.W.'s case was evaluated and a demand for jury trial was made. On June 30, 2011, R.W. and attorney Dustin M. Buttigieg appeared in Fulton County State Court ready for trial, but instead of a trial the case was dismissed for lack of prosecution as the arresting officer was not present.

State v. D.A., (DUI, Failing to Maintain Lane, etc.) 2011

Client was arrested for DUI after law enforcement determined Client had wrecked his girlfriend's truck on a rural road. D.A. was arrested at his parent's home hours after he had driven. The case originated in Probate Court, but was transferred to Superior Court after it became clear the arresting officer would not consent to any reduction of charges, despite several legal issues. Ultimately, the DUI and all other traffic citations were DISMISSED and D.A. plead guilty to a misdemeanor obstruction charge stemming from D.A. lying to another officer once arrested.  D.A. was sentenced to 12 months probation which terminated when he paid a fine of approximately $250.00.

State v. T.H., (DUI & Possession of Marijuana) 2010

Client was stopped for Failing to Maintain Lane when the officer noticed bloodshot and glassy eyes and other signs of impairment. The officer located a package of marijuana in T.H.'s pocket and T.H. made admissions to the officer that he had smoked marijuana earlier in the day. After a review of the arrest video, attorney Dustin M. Buttigieg believed the arresting officer had improperly mirandized T.H. and that the marijuana found on T.H. as well as T.H.'s statements, should be suppressed. Prior to a hearing on T.H.'s Motion to Suppress Evidence, the fair-minded prosecutor for the case reviewed the video and came to the same conclusion. T.H. accepted a negotiated plea of Reckless Driving and paid a small fine. The DUI and Possession of Marijuana charges were dismissed.

State v. D.M., (DUI, Open Container, etc.) 2010

D.M. was on Felony Probation when he was stopped by law enforcement for Failing to Obey a Traffic Control Device, Open Container and DUI (alcohol).  D.M. displayed evidence of impairment on all field sobriety tests and blew a 0.85 on the Intoxilyzer 5000, over the legal limit. 

D.M. hired our firm on January 12, 2010 and three days later, on January 15, 2010, his DUI was reduced to a Reckless Driving, the citations for Failing to Obey a Traffic Control Device and Open Container were DISMISSED and his only punishment was 40-hours of community service and a reasonable fine.  There were no probation consequences. 

State v. J.S., (DUI) 2010

J.S. retained our office to help resolve his DUI charge so he could accept employment with the City of Macon Fire Department.  If convicted of the DUI, the Fire Department could not have hired J.S. because he needed a driver's license to drive the firetrucks and ambulances. Through extensive negotiations with the D.A.'s office, J.S. received a Reckless Driving, rather than a DUI, and was able to accept a salaried position with the City of Macon.

STATE v. J.D., (DUI, Hit & Run, etc.) 2010

J.D. was charged with Hit & Run, Failing to Maintain Lane and DUI after he allegedly struck a car at an intersection, drove off, and wrecked his own automobile miles down the road.  Through extensive negotiations with the arresting officer and the Solicitor, J.D.'s DUI was reduced to a Reckless Driving.

STATE v. C.B., (DUI-drugs) 2009

A young African American man, C.B.,  was stopped by law enforcement for "loud music" whereupon the officer performing the stop alleged C.B. had "red eyes", a "green tongue", "trouble understanding" and other signs of being under the influence of marijuana.  C.B. had admitted to the officer that he had smoked marijuana earlier in the evening. and was summarily arrested and charged with DUI Drugs and Loud Music. 

C.B. retained our firm and, through a succesful DDS Appeal, was able to keep his driver's license pending final resolution of the case. Through hard work, diligent efforts and some fortunate events on the eve of trial, we were able to get all charges DISMISSED.

State v. C.H., (DUI, Speeding) 2009 

A law enforcement officer pulled over a young woman, C.H., for speeding. Upon stopping her, the officer stated he noticed several signs of intoxication.  The officer asked C.H. to perform a series of Field Sobriety Tests which she performed. The officer believed C.H. had "failed" these tests and that she was driving under the influence of alcohol.  C.H. admitted to the officer that she was, in fact, coming from a bar and that she had consumed a few beers. She was taken to the Bibb County Detention Center and registered almost double the legal limit on her breath test.  She was arrested and charged with DUI and Speeding. 

Through diligent discovery efforts, our firm learned that C.H. had actually been given two sets of breath tests instead of just the one.  The first breath test showed an "invalid sample" reading, meaning the machine was detecting the presence of residual alcohol in C.H.'s mouth.  In Georgia, law enforcement training materials state the officer should have waited twenty-minutes before re-testing C.H.'s breath. However, the officer gave C.H. another test after waiting only four minutes.  Through constant dialogue with the Chief Solicitor, the State reduced its charge to Reckless Driving and C.H. happily pled guilty to "Reckless Driving" and paid a total fine of $350.00. 

STATE v. C.M., (DUI-underage) 2008

C.M., a 19-year old female (under the legal drinking age), was stopped in Macon, Georgia for running a red light. The officer asked if she had been drinking and she replied that she had "drank a few sips."  C.M. admitted she was coming home from a local night club. She was given a breath test and registered 0.22, which, for drivers under 21 years old, is over the legal limit.

C.M. hired our firm soon after her arrest and we filed a DDS Appeal. C.M. was allowed to keep her license pending final resolution of the case. After extensive discovery, review of all documents in the case, and several conferences with the Chief Solicitor, we were able to negotiate a plea for C.M. that allowed her to ultimately pled guilty to Reckless Driving and avoid a DUI on her record.