DUI Emergency in Georgia
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The fact is, more people go to jail for DUI than for any other crime! You can lose your driver’s license for as long as five years. Your costs for community service, probation, alcohol programs, re-education programs, driving schools, interlock devices, and other court-ordered punishment can reach thousands of dollars! Insurance will either be canceled, or the premium will be astronomical. A DUI conviction can affect you for the rest of your life!
DUI laws are complex.
Until the mid-1990s, most any general practice lawyer could handle a DUI. Now, DUIs involve complex issues of chemistry, forensic science, constitutional law, and administrative law. And thanks to over-zealous lobbyists and legislators, the laws constantly change and become even more complex. Only an experienced DUI attorney can adequately handle a DUI these days.
Whatever you do, don’t rely on the advice of friends!
Unless they are specialists in DUI defense, they cannot be informed about DUI law. Unless they practice in front of the same prosecutors and judges daily, there is no way they know how the case should be handled. The “good ole days” of having a friendly cop or judge dismiss your DUI are gone—special interest groups such as MADD pressure judges and prosecutors to aggressively prosecute DUIs.
Don’t base hiring an attorney on money alone.
The old adage “you get what you pay for” is true regarding DUI defense. You need to hire a lawyer and pay a fee that will allow him to investigate aggressively, then defend you! Hiring a lawyer at the lowest fee may result in paying a lawyer to stand there while you enter a guilty plea. Ultimately, the lawyer moves on to another plea, and you move on to jail!
Are you facing a DUI charge?
If so, the information in the three steps below is the absolute minimum you should know about what is up against. With a clear understanding of these basics, you can help your lawyer help you avoid conviction. Ignore these three links at your own risk! Spend as much time as you wish learning all you can learn on this site, but if you learn nothing else, read below.
Mandatory Punishment for DUI in Georgia
When you are arrested for a DUI in Georgia, you’ll have to deal with both your criminal case and your separate license suspension. The Georgia Department of Driver Services (DDS) will handle your license suspension under the implied consent laws, and the Georgia criminal courts will handle your criminal penalties. In other words, what happens in court won’t have any bearing on your driver’s license status and vice versa. Neither one impacts the other.
First DUI offense in previous five years
OVER 21 YEARS OLD
- Imprisonment: 10 days to 12 months in jail if BAC is 0.08 or more. (Judge has discretion and may suspend all but 24 hours.) The remainder of 12 months of confinement is usually served on probation with “special conditions” and probation fees as directed by the court and supervision as directed by a probation officer.
- Fines: Minimum fine not less than $300, not more than $1,000 plus surcharges.
- License Suspension: 6 months suspension. A “Limited Permit” is possible for Georgia drivers without “refusal.” Early reinstatement is possible after 120 days, with driving school and a reinstatement fee. Learn more at the DDS website.
- Community Service: Minimum of 40 hours.
- Risk Reduction Course (Driving School): All drivers must complete a course before reinstatement of driving privileges. The cost is approximately $250. Contact a Local DUI school for more information.
- Note: Judges are not required to give minimum sentences and typically DO NOT if there are ANY prior DUI convictions, even if outside the five years.
UNDER 21 YEARS OLD
- Imprisonment: Same as above.
- Fines: Same as above.
- License Suspension: If BAC is 0.02 gms or more, 12 months suspension with NO “Limited Permit” If BAC is less than 0.02 gms, the suspension is six months, but still No Limited Permit.
- Community Service: Same as above.
- Risk Reduction Course: Same as above.
- Note: Additional suspensions and even revocations of Class D permits can result from quitting school and other infractions or bad driving habits that add four (4) points or more to the driver’s record.
COMMERCIAL DRIVERS
- Imprisonment: Same as above.
- Fines: Same as above.
- License Suspension: If BAC is 0.04 gms or more, 12 months suspension with NO “Limited Permit” If BAC is less than 0.04 gms, the suspension is six months, but still no limited permit.
(Employment opportunities may be seriously impacted.) - Community Service: Same as above.
- Risk Reduction: Same as above.