DUI / TRAFFIC LAW

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.