Should I Plead Guilty to a DUI Charge in Georgia?
If you’ve been charged with a DUI in Georgia, your first instinct may be that you simply need to cooperate with the police and act according to the law.
You may think that your rights don’t matter if you are guilty. However, you should not plead guilty or go to jail without fighting for your rights.
Pleading guilty to a DUI in Georgia comes at a steep price. Georgia law dictates that jail time and a fine occur when someone is charged with a DUI. If you plead guilty, you automatically incur that jail time, license suspension for up to a year, fines, and more.
Because the penalties for a DUI in Georgia are so severe, you should have every incentive to fight for your rights and avoid jail time by pleading not guilty. Here’s why you shouldn’t plead guilty to a DUI charge in Georgia.
Impacts of a DUI in Georgia
Georgia DUI Point System
If you are charged with a DUI in Georgia, you become a liability to insurance companies, employers, and other drivers. Your driving record is tracked for 24 months (i.e. the points you accumulate during that time).
If you have more than 4 points on your driving record in 24 months and you are under the age of 21, you face license suspension. Similarly, if you accumulate 15 or more points on your driving record in 24 months, you face license suspension.
Minor violations such as speeding incur fewer points than serious violations like attempting to evade a police officer or driving under the influence. Automatic suspension is usually associated with more serious violations, meaning that being charged and convicted of a DUI would result in automatic suspension.
Georgia DUI Penalties
In Georgia, a jail sentence is included in every mandatory minimum sentence for a DUI offense, even if it is your first offense. Pleading guilty to a DUI means facing jail time among several other penalties. Whether it is your first offense or third, there are serious consequences behind pleading guilty to a DUI in Georgia.
First-time DUI Offense
For a first-time DUI conviction in Georgia, you could face some or all of the following penalties:
- Fine of $300-$1000
- Up to one year in jail (minimum required is 24 hours)
- Suspension of license for three months to one year
- Minimum 40 hours of community service
- Mandatory enrollment in DUI school
Second DUI Offense
For a second DUI conviction in Georgia, you could face some or all of the following penalties:
- Fine of $600-$1000
- Up to one year in jail (minimum required is 72 hours)
- Suspension of license for 120 days to three years
- At least 30 days of community service
- Mandatory ignition interlock device installation
- 17 weeks of substance abuse treatment
Third DUI Offense
For a third DUI offense in Georgia, you could face some or all of the following penalties:
- Fine of $1000-$5000
- Up to one year in jail (minimum required is 15 days)
- Suspension of license for two to five years
- At least 30 days of community service
- Mandatory ignition interlock device installment
- 17 weeks of substance abuse treatment
Any DUI conviction beyond this in ten years is considered a felony and could result in one to five years in prison.
Other DUI Penalties
Aside from the penalties associated with Georgia DUI laws, some consequences that can affect your life and personal circumstances including:
- Increase in auto insurance premiums
- Termination of employment
- Inability to obtain employment
- Inability to obtain a loan (mortgage or student)
- Towing charges for the vehicle
- License reinstatement fees
- Inability to obtain a professional license
- The social stigma attached to a DUI conviction
This conviction becomes part of your permanent record, labeling you as a criminal. This cannot be erased or expunged. Pleading guilty to a DUI charge means that you are accepting these penalties to the full extent of the law without challenge.
How to Fight Georgia DUI Charges
When you subject yourself to all of the possible penalties of a DUI by pleading guilty, you’re leaving yourself without the chance to fight.
No legal system in place is perfect. An attorney can investigate the situation thoroughly to give you the chance you deserve to fight for your rights. From looking at suppression issues to everything being done by the book, your attorney can develop a strategy to get you the best possible outcome for your case.
There are certain ways an attorney can help fight DUI charges in Georgia including:
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- Challenges to the initial stop: there must be reasonable cause that the driver violated the law.
- The field sobriety test: the field sobriety tests are not meant for those with other medical conditions. The field sobriety tests can also be inaccurate and not directly correlated to alcohol impairment.
- Inaccurate breathalyzer test results: Breathalyzer tests can also be inaccurate. For example, breath strips or toothpaste can throw off breathalyzer readings.
- Insufficient cause to arrest: Probable cause of impairment while driving must be present for a DUI arrest to occur.
- Officer circumstances: Was the officer certified? Does the officer have a prior disciplinary record? This may affect an officer’s believability in a courtroom.
Criminal Defense Attorney Andrew L. Schwartz
If you have been charged with a DUI in Marietta, Georgia, look no further than Criminal Defense Attorney Andrew L. Schwartz.
Dedicated to defending the rights and freedom of those accused of serious felony or misdemeanor crimes, Schwartz will take the time to out-prepare the prosecution and explain the criminal law process to you every step of the way.
Contact Andrew L. Schwartz today for a no-obligation, free legal consultation.
