Marietta DUI Lawyer
Driving under the influence of alcohol is very dangerous and so, Georgia has enacted strict laws in an attempt to keep the public safe. The law imposes strict penalties for people who drive with a blood alcohol content (BAC) of 0.08 percent or greater. Also under the law, a person does not even have to be drunk to be charged with a DUI. When a person is under the influence of prescription or illegal drugs, they may also face charges if their behavior is considered unsafe. Our Marietta DUI lawyer can advise on the facts of your case and help you beat your charges.
Administrative License Suspension
If you are charged with a DUI, one of the possible penalties is an administrative driver’s license suspension. The suspension is separate from the DUI criminal proceeding and can prohibit you from driving until your DUI case is resolved. You have 30 days after your arrest to file an appeal that can prevent your license from being suspended. You can either request a hearing, known as the Administrative License Hearing or ALS, or install an ignition interlock device in your vehicle. If you fail to take either of these steps within 30 days, your license will be suspended for one year.
Other Penalties for a DUI
The DUI criminal case is separate from the ALS hearing. For a first conviction, you will have to spend at least 24 hours in jail and pay a $300 fine. Jail time can be increased to up to one year and the fine could also be raised to $1,000. You may also be ordered to 40 hours of community service, 12 months of probation, and a substance abuse evaluation.
A second DUI within ten years will result in escalated penalties. You will have to spend between 72 hours and one year in jail, and pay a fine between $600 and $1,000. You may also be ordered to complete 240 hours of community service, 12 months of probation, and a substance abuse evaluation. Drivers in Georgia who are convicted of a second DUI within ten years will also have a red stripe placed on their driver’s license. The red stripe remains on a person’s license for seven years.
Defenses to DUI Charges
Fortunately, there are many defenses to DUI charges. The most common of these include:
- You were not driving, which often happens when an accident occurs and police and witnesses identify the wrong person as the driver
- Lack of probable cause, which makes the traffic stop illegal
- Challenging the field sobriety tests, which you are not required to submit to
- Challenging chemical tests, such as breath, blood, and urine tests
After reviewing your case, a criminal defense attorney will determine which strategy will work best in your case.
DUI Penalties
The laws surrounding driving under the influence in Georgia are very clear and there are strict penalties for anyone who violates them. If you have been charged with a DUI, it is essential that you speak to a Marietta DUI lawyer right away. You only have 30 days to file an appeal for an automatic driver’s license suspension or to install an ignition interlock device in your car. If you fail to do this, you may not be able to protect your right to drive and that is just one of the DUI penalties you will face.
DUI Penalties for a First Offense
Even for a first offense, the potential DUI penalties you may face are quite harsh. They include:
- A fine of at least $300 with additional court costs and fees
- At least 24 hours and up to ten days in jail
- 12 months of probation
- A minimum 40 hours of community service
- Substance abuse counseling
- Attending DUI school
- Attending a Mad Mothers Victim Impact Panel
- A suspension of your driver’s license with a limited permit to drive
DUI Penalties for a Second Offense
As with any subsequent charge, a second offense for a DUI carries harsher penalties. They are as follows:
- Between 90 days and 12 months in jail, although much of this can be served while on probation but there is a mandatory three-day jail sentence
- Between 12 to 36 months of probation
- A fine between $600 and $1,000, as well as additional court costs
- 240 hours, approximately 30 days, of community service
- Suspension of your driver’s license
- DUI School
- Red stripe on your driver’s license, which will remain effective for seven years
- A hard license suspension of 120 days and the installation of an ignition interlock device
- License plate surrendering
- Possibility of DUI Court
- Public photo in the county where the crime occurred
DUI Penalties for a Third Offense
A few of the penalties for a third DUI offense are the same as those for a second offense, but some are enhanced. The penalties you may face if convicted of a third DUI offense include:
- A minimum of at least 15 days in jail, with between 120 days and one year a possibility
- A fine between $1,000 and $5,000, with additional surcharges and court costs
- Between 12 to 36 months of probation
- 240 hours of community service
- Completion of DUI School
- A driver’s license suspension of five years, with eligibility for an ignition interlock device after two years
- License plate surrender
- Photo publication in the county where the crime occurred
- Mandatory alcohol and drug treatment
- Possibility of DUI Court
Our DUI Lawyer in Marietta Can Help You Avoid DUI Penalties
If you have been charged with driving under the influence, do not prepare your defense on your own. At Andrew L. Schwartz, P.C., our Marietta DUI lawyer can advise you of your rights and help you beat your charges. The DUI penalties in Marietta, as throughout the rest of Georgia, are very serious. At the Law Firm of Andrew L. Schwarz, P.C., our Marietta DUI attorney can help you avoid them by crafting the strong defense you need. Call us now at (678) 853-2500 or reach out to us online to book a free consultation with our experienced attorney.
