Georgia Drug Use: Georgia DUI Attorney

Georgia DUI Law

Georgia has specific laws in place to deal with motorists who drive under the influence of alcohol and drugs. The penalties associated with a DUI conviction, as well as the stigma of having a criminal record, can change your life forever. It may be difficult to find a job because of your criminal record and it will be difficult to get from one place to another because of the license suspensions and revocations that occur when you are charged with or convicted of driving under the influence. Hiring a Georgia DUI lawyer is one of your best options in terms of examining evidence, having access to expert witnesses, and guiding you through the legal process. While it won’t guarantee that you will win your case, having a Georgia DUI attorney represent you can give you the best chance of winning your case or minimizing the penalties imposed if you are convicted.

Georgia DUI Laws

In Georgia, there are two theories under which a DUI case can be prosecuted. One is a traditional DUI case. In a traditional DUI case, the prosecutor simply has to prove that a driver had impaired driving abilities after consuming alcohol or unable to operate a motor vehicle as safely as they would be able to if they had not consumed alcohol. Georgia has a provision in its DUI laws that is an inference about the level of blood alcohol concentration needed to impair drivers. According to this inference, a driver is inferred not to be impaired if a blood alcohol test determines that their BAC is less than 0.05%. However, prosecutors can still work their way around this inference by using information observed or gathered by law enforcement officials. If there was an accident or a driver exhibited bad driving habits, this inference can be refuted. Prosecutors may use information such as the smell of alcohol on the driver’s breath, an intoxicated appearance, and failure to pass sobriety tests as additional evidence of impairment.

The second theory under which DUI can be prosecuted is not concerned with the level of impairment of a driver. This type of case is based solely on chemical testing results, where the prosecutor only has to show that the defendant’s blood alcohol concentration level exceeded the 0.08% legal limit. There are separate BAC limits for drivers in certain classes. Commercial drivers have a blood alcohol limit of 0.04%. This limit is in effect because these drivers often operate oversized vehicles and may be hauling hazardous products. These drivers need to be alert and aware to ensure the safety of other motorists and pedestrians. For drivers under 21 years of age, driving with a BAC as little as 0.02% can result in DUI charges. This BAC can be the result of just one alcoholic beverage. Because the penalties for a DUI offense can be severe, it is important that you contact a Georgia DUI lawyer as soon as possible so you can prepare the best possible defense for your case.

Georgia DUI Administrative Penalties

Like other states, Georgia has administrative penalties for DUI offenses. One of the penalties is for a refusal to submit to chemical testing when asked to do so by a law enforcement officer. If you refuse a test, the state will want to suspend your driver’s license for one year. If you do not live in the state of Georgia, the state will seek to suspend your Georgia driving privileges for one year. This can be a real problem if you live close to state lines and must commute into Georgia for work every day. You have ten days to request a hearing to appeal the suspension for refusal. When you are requesting this hearing, you do not have to count weekends or state holidays in calculating this ten-day period. However, it is best to make your request as soon as possible. If you give yourself some leeway, you can correct any problems before they have the potential to damage your case. If you wait until the last minute, you may have to deal with consequences that have the potential to make your life very difficult. If you do not submit your request for a hearing within the required ten-day period, you will almost certainly lose your license. Extenuating circumstances may extend your time period, but these circumstances must have prevented you from reasonably requesting a hearing. For example, being hospitalized with a serious illness or having emergency surgery.

These hearings are important because they give you the chance to practice testifying in front of legal professionals and also give your attorney the opportunity to cross-examine witnesses that may come up during your criminal trial. If you do nothing to request a hearing, you will lose your license, so this is one of the most important aspects of the administrative hearing. If a chemical test showed that your blood alcohol level was .10% or greater, your license or your Georgia driving privileges will be suspended. The term of the suspension and the restrictions associated with the suspension depend on the number of prior offenses and any other information unique to your case.

For a first offense, the term of the suspension is one year, but the offender can minimize this period. After the 30-day temporary license issued at the time of arrest expires, the offender can apply for a work permit that will also last for 30 days. This will allow the offender to drive to work, school, and DUI treatment programs, but it does not allow for driving to unnecessary locations such as the mall or movie theater. At the end of this 30-day work permit, the offender can apply for early reinstatement of their Georgia driver’s license. Second offenses within a 5-year period result in a 3-year suspension with no availability of a work permit. If the offender attends a DUI education program and complies with all other conditions of the suspension, they may apply for early reinstatement after a 120-day suspension period. Third offenses or more within five years results in a 5-year suspension with no possibility of a restricted license or work permit. After two years, an offender can apply for a restricted permit that will allow them to drive to work only if they meet extremely strict requirements. Because the penalties have the potential to damage your reputation and make it difficult for you to get where you need to go, having a Georgia DUI attorney representing you is essential to preserving your driving privileges.

Georgia DUI Criminal Penalties

The penalties for a first DUI offense are as follows:

o Fines of $ 300 to $ 1,000 with additional costs and assessments

o 10 days to 12 months of jail time with 24 hours minimum; persons under age 21 may be allowed to serve on weekends and must be separated from other prisoners

o Minimum of 40 hours of community service

o DUI driving school

o License suspension

The penalties for a second DUI offense are as follows:

o Fines of $ 600 to $ 1,000 with additional costs and assessments

o 90 days to 12 months in jail with 72 hours of mandatory jail time; may be served in an inpatient treatment facility

o Probation of 12 months or 12 months minus any jail time served

o Mandatory drug and alcohol treatment assessment

o License suspension

o Publication of photo and identifying information in newspaper

Because these penalties can destroy your reputation and make your life very difficult, hiring a Georgia DUI lawyer can help you to prepare your defense and minimize the impact of this charge on your life.

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Filed under: Georgia Drug Use

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Filed under: Georgia Drug Use

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