3818 Powder Springs Road, Powder Springs, GA 30127-2736
Some of our more widely needed services are:
- DUI Defense
- Drug Possession
- Fourth Amendment Enforcement
- Traffic Violations
- Driving While License is Suspended or Revoked
- Drivers License Protection
- Juvenile Defense and Delinquency Matters
- Allegations of Excessive Corporal Punishment (Spanking)
- Domestic Violence
- Assault and Battery
- Aggravated Assault
- Shoplifting
- Criminal Trespass
- Criminal Damage to Property
- Stalking
- Aggravated Stalking
Driving Under the Influence (DUI)A conviction for Driving Under the Influence in Georgia has transformed over the years from a minor inconvenience to a life shattering event. Long gone are the days of simply pleading Nolo Contendre, paying a fine, and going about your life with your valid drivers license safely in your pocket. Today serious consequences flow from even a first offense. Georgia Drivers face up to 12 months in jail, a $1000.00 fine (plus surcharges), and a one year license suspension for a FIRST CONVICTION.
Now more than ever those charged with DUI in Georgia need a top notch DUI lawyer to protect their rights and to ensure that they are treated fairly by the courts. Remember, an arrest for DUI is not a conviction for DUI. The State must prove its case, and INNOCENT people are often arrested.
Don’t be a victim of the system. Let us fight for you and your driving privileges. Time is critical though, so please call us immediately so that we may begin working on your case.
GENERAL GEORGIA DUI INFORMATION:
All information contained herein is general information and is not legal advice. Everyone’s case is unique and needs individual review by an attorney. Please contact us immediately for your own personal case assessment and confidential consultation.
PUNISHMENT FOR DRIVERS 21 AND OVER **
(Time periods are based upon arrest dates for which convictions were obtained.)
A first conviction for DUI in a 10 year period will generally carry the following punishment:
- 12 month sentence
- Between 10 days and 12 months in jail. All but 24 hours of the jail time can be suspended or probated by the Judge. Generally, if this is your first DUI in your lifetime, and you follow your lawyer’s advice, you can expect to get the minimum jail time of 24 hours
- Fine of $300 to $1000 plus surcharges
- 40 hours of community service
- Risk Reduction Course (generally referred to as "DUI School")
- A clinical evaluation for alcohol and drug dependency and any required treatment
- Suspension of your driver's license for one year. If your DUI was alcohol related, and you finish the risk reduction course mentioned above, you will be able to get your license reinstated early after 120 days. During that 120 day period a limited permit may be available for you to drive on. However, if your DUI was based on driving under the influence of drugs, your license will not be reinstated for 6 months and there is no limited permit available. **A Refusal is not eligible for a temporary permit or early reinstatement. See more on this below.
A second conviction for DUI in a 10 year period will generally carry the following punishment:
- 12 month sentence total
- Between 90 days and 12 months in jail. All but 72 hours of the jail time can be suspended or probated by the Judge
- Fine of $600 to $1000 plus surcharges
- 30 days (240 hours) of community service
- Risk Reduction Course (generally referred to as "DUI School")
- A clinical evaluation for alcohol and drug dependency and any required treatment
- (If also within a 5 year time period)
- Ignition interlock on your vehicle
- Your picture gets published in the newspaper
- Surrender the license plates of any vehicle you own
- Suspension of your driver's license for three years. No permit is available for twelve months. After twelve months an ignition interlock is required for six months. After six months with the ignition interlock you may be able to request early reinstatement of your license if all other requirements have been met. (Applies to DUI alcohol only. Different rules and suspensions apply for drug related DUI offenses)
- If not within five years then suspension is the same as for a first DUI
A third conviction for DUI in a 10 year period will generally carry the following punishment:
- 12 month sentence total
- Between 120 days and 12 months in jail. All but 15 days of the jail time can be suspended or probated by the Judge.
- Fine of $1000 to $5000 plus surcharges
- 30 days (240 hours) of community service
- Risk Reduction Course (generally referred to as "DUI School")
- A clinical evaluation for alcohol and drug dependency and any required treatment
- (If also within a 5 year time period)
- Ignition interlock on your vehicle
- Your picture gets published in the newspaper
- Surrender the license plates of any vehicle you own
- You are declared a Habitual Violator
- Revocation of your driver's license for 5 years. No permit is available. A probationary license with ignition interlock may be obtained after two years. (Applies to DUI alcohol only. Different rules and suspensions apply for drug related DUI offenses)
- If not within five years then suspension is the same as for a first DUI
A fourth or subsequent conviction for DUI in a 10 year period can be a FELONY and punished by a FELONY sentence of 1 TO 5 YEARS IN PRISON. Whether the conviction constitutes a felony or a high and aggravated misdemeanor depends on the exact dates of arrests for which convictions were obtained. CALL US IMMEDIATELY if you fall into this category.
**Under 21 Drivers convicted of DUI are not eligible for temporary permits and are subject to different reinstatement guidelines. Please call for more information.
**Temporary limited permits, if issued, are valid ONLY in the State of Georgia. Please call for more information.
**Additional restrictions, reinstatement provisions, and penalties apply to CDL drivers. Please call for more information.
**Additional suspensions and provisions apply to those convicted of a drug related DUI. Please call for more information.
** Pursuant to O.C.G.A. 40-6-391(f) FIRST OFFENDER treatment is NOT available for those convicted of DUI.
OTHER LICENSE SUSPENSION ISSUES
10 day rule Most DUI arrests in Georgia will result in the arresting officer filing a sworn report requesting that your license be suspended. The arresting officer will generally take your license and give you a yellow piece of paper to use as a temporary driving permit. If you do not read the back of this document, you may not realize that you only have ten business days from the date of your arrest to request an Administrative License Suspension Hearing (ALS Hearing). This is just one more reason why you need to call an attorney as soon as possible to review your case.
**THE STATE OF GEORGIA NOW REQUIRES A $150.00 PREPAID FEE IN ORDER TO OBTAIN AN ALS HEARING. THIS FEE MUST BE PAID AT THE TIME OF THE HEARING REQUEST, AND INCLUDED WITH THE HEARING REQUEST**
ALS Suspension / Hearing
Once a timely request for an ALS hearing is made, a hearing date is set by the Georgia Office of State Administrative Hearings (OSAH). Generally, this hearing will be about 30 to 60 days after the request is received, and typically your temporary permit to drive will be extended until the date of the hearing. If the officer fails to appear, then a Default Order reversing the suspension of your driver’s license is typically entered by the Judge. If the officer appears for the hearing, you will either have a hearing, or your attorney may convince the officer to agree to withdraw his request to suspend your license.
Implied Consent or "Refusal" suspension
By signing and accepting a driver's license in Georgia, you have implicitly consented to a test of your blood, breath or urine if a police officer determines that probable cause exists to believe that you are driving under the influence. If you refuse the state test, then your license may be suspended for one year. A person whose license is suspended based upon a “refusal” is not eligible for a temporary driving permit, nor is there any early reinstatement. These types of suspensions are often referred to as “hard suspensions”.
DUI / Traffic Law Links
Georgia DUI / Risk Reduction Schools - http://www.dds.ga.gov/DUI/SchoolMatrix.aspx
Georgia Defensive Driving Schools - http://www.dds.ga.gov/DUI/DriverClinics.aspx
DUI Intervention Programs / Drug and Alcohol Evaluations - http://www.mop.uga.edu/cetp/mop/soc.aspx
Interlock Service Providers - http://www.dds.ga.gov/drivers/interlock.aspx
Georgia DDS 2009 Driver’s Manual - http://www.dds.ga.gov/docs/forms/FullDriversManual.pdf
Georgia Driver’s License Customer Service Centers - http://www.dds.ga.gov/locations/
Georgia Teen Driver’s Information - http://www.dds.ga.gov/teens/index.aspx
DDS License Suspension and Revocations Information and Points List - http://www.dds.ga.gov/drivers/DLdata.aspx?con=1744060376&ty=dl