drinking and driving lawyer in Georgia

A conviction for DUI can have life changing consequences. In addition to possible jail time, suspension of your driving privileges and high fines, you may face the embarrassment of being arrested, being forced to attend alcohol or substance abuse treatment, being placed on probation, and, in some cases, having your name and photograph in the local newspaper. If you receive a DUI in Georgia, you need an experienced Georgia DUI attorney to help you fight your case. Georgia DUI law is a very technical area of law and you need someone who has specialized training and experience in the area of Georgia DUI law. Our Georgia DUI lawyer has represented personal auto and commercial drivers in cities and counties throughout Georgia in cases involving DUI. Contact our Georgia DUI lawyer 24/7 to discuss your options.

YOU MUST ACT NOW – THE 10 DAY RULE

When you are arrested for DUI in Georgia, the arresting officer will likely keep your driver’s license and issue you a temporary driving permit, known as a form 1205. The officer keeps your license because a petition will be filed with the Georgia Department of Driver Services to have your license suspended while your DUI case is pending in the court system. This form 1205 usually authorizes you to drive for only a period of 30 days following your arrest. However, in some Georgia counties it can take months before your DUI case is resolved. Therefore, you can lose your privilege to drive before you are ever found guilty of DUI.

A Georgia DUI lawyer can help you protect your driving privileges. You have a right to a hearing before a judge to determine whether your license should be suspended while your DUI case is pending but you must act quickly. This hearing is entirely separate from the criminal case against you and is frequently referred to as an Administrative License Suspension hearing or ALS hearing. If you fail to specifically request a hearing from the Georgia Department of Driver Services within 10 days of your arrest, your license will be suspended while your DUI case is pending after the expiration of 30 days. Your request for a hearing must contain specific information. An experienced Georgia DUI lawyer can help you draft a request for a hearing and fight for your rights at the ALS hearing. If you do not act within 10 days of arrest, you are virtually guaranteed to lose your driving privileges approximately 30 days following your arrest.

When you are arrested the 10 day clock starts ticking. Our Georgia DUI lawyer is available 24/7 to discuss your case. If you are arrested at night or on the weekend, don’t wait. Contact our Georgia DUI attorney immediately to discuss your options.

THE POLICE CAN PROVE A DUI CASE IN TWO WAYS

An adult driver with a blood alcohol content (BAC) of .08 percent or greater is considered to be DUI “per se” in the State of Georgia. A driver under the age of 21 can be determined to be per se DUI if he/she has a BAC of .02 or greater. This basically means that you are presumed to be too drunk to operate a vehicle if your BAC is greater than these numbers. The police usually determine your BAC by having you blow into a machine, known as an Intoxilyzer 5000 following your arrest.

One common misperception, however, is that this is the only way that the police can prove a DUI case. If you are arrested for DUI, you may refuse to blow into the machine and seemingly frustrate police efforts to obtain a proper BAC reading. However, if the police can prove that you exhibited physical signs of intoxication at the time of your arrest to such a degree that it was “less safe” for you to drive, then you can be convicted of DUI “less safe.” Simply refusing all BAC tests is not enough to defend your DUI case. If you are arrested for DUI by an officer with even minimal experience in making DUI arrests, you can be virtually guaranteed that his or her report will contain words to the effect of “The subject exhibited physical signs of intoxication including the smell of alcohol about his person, glassy, blood shot eyes, slurred speech and appear to be unsteady on his feet” or some combination of words to that effect. The reason this is included in the report is so that if the police can’t prove your BAC, they have the fall back argument that you were DUI “less safe.” You need a Georgia DUI lawyer who is familiar with these police tactics and understands the highly technical nature of Georgia DUI law. Our Georgia DUI attorney has experience in counties and cities throughout Georgia fighting cases involving DUI “per se” and DUI “less safe” cases.

THE PENALTIES FOR A GEORGIA DUI CAN BE HARSH

In Georgia, the law looks back 10 years into your driver’s history and the more DUI convictions that you have, the harsher the penalties. However, even a first offense DUI can carry very severe consequences including the possibility of:

  • Jail time of between 10 days and 12 months,
  • 12 months of probation,
  • A fine of $300 to $1,000
  • Suspension of your license for one year. Note that you may receive limited permit for such things as medical appointments, school and work. You may also seek reinstatement of your license after 120 days if you complete a DUI school, and
  • Community service of at least 40 hours.

The penalties become harsher with a second DUI and include the possibility of:

  • Jail time of between 90 days and 12 months,
  • 12 months probation
  • A fine of $600 to $1000
  • Suspension of your license for 3 years with no possibility of a limited permit for 12 to 18 months. You may also be required to place an ignition interlock device on all of your vehicle once you receive driving privileges
  • Community service of at least 240 hours,
  • Publication of your name, address and photo in the local newspaper.

Likewise, a third DUI within 10 years can result in:

  • Jail time of between 120 days and 12 months,
  • 12 months probation,
  • A fine of $1,000 to $5,000,
  • Suspension of your license for 5 years with no possibility of obtaining a probationary license for 2 years. Once your privileges to drive are restored on a probationary basis, all of your vehicle must have an ignition interlock device for at least 6 months,
  • Confiscation of the license plates of all of your vehicles,
  • Community service of at least 240 hours,
  • Publication of your name, address and photo in the local newspaper.

Because the penalties for a Georgia DUI are so harsh, you need a Georgia DUI lawyer who is accessible and experienced. In many cases, our Georgia DUI attorney can have your case dismissed or reduced in order to avoid the potentially life altering consequences of a DUI. Call us toll free 24/7 for a free consultation to discuss your options.