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If you were charged with driving under the influence in Georgia, you may be worried about your future while waiting for the court to contact you about your case. It’s normal to think about what led up to your arrest and wonder what your punishment will be.
But it’s important to keep your case in perspective, as being charged with a crime doesn’t necessarily mean you’ll get the maximum punishment. There’s even a chance your charges will be dropped or reduced, as long as you hire an experienced lawyer to handle your case. So rather than lose sleep about the penalties, contact local DUI defense lawyers, and then learn the details of this charge.
How Do You Get Charged with a DUI in Georgia?
Every state has its own definition of a DUI charge, so you should familiarize yourself with Georgia’s DUI standards if this is where you were arrested. In this state, you can get a DUI if you’re in control of a moving vehicle while you’re intoxicated by alcohol or drugs.
If you’re unsure what intoxicated means in this context, Georgia DUI laws can clear this up, as they state that intoxication means you’re under the influence of a drug or alcohol to the point where it is less safe to drive. Similarly, you can get a DUI if you’re under the influence of any aerosol, glue, or other toxic vapors that make it less safe for you to drive.
Note that you don’t have to commit a separate unsafe act while driving to be charged with a DUI. If a police officer notices that you seem uncoordinated, slur your words, have bloodshot eyes, or smell like alcohol, they could say that you’re committing an unsafe act by being in control of a vehicle.
Of course, the more common way to be charged with DUI is by taking a blood or breath test that shows your blood alcohol content (BAC) is 0.08% or higher within three hours of driving a car. If you’re under 21, you can be charged if your BAC is 0.02% or higher. If you have a commercial driver’s license (CDL), you can get a DUI if your BAC is 0.04% or higher.
Finally, if you test positive for any amount of marijuana or another controlled substance while driving, you could be charged with a DUI in Georgia. So, even if you don’t feel impaired, you could face charges. Contact Fayette County DUI defense lawyers to discuss the evidence against you and learn how you can fight it.
What Penalties Do You Face for a Georgia DUI?
The punishment for a DUI depends on how many times you’ve been convicted of this crime. But whether it’s your first or third offense, you can usually expect jail time, fines, driver’s license suspension, and community service.
The specific penalties for a first DUI include:
- 24 hours to 12 months in jail
- $300 fine
- 40 hours of community service
- DUI school
- License suspension for up to 1 year
- Substance abuse assessment
- 12 months of probation
A second DUI can be punished by:
- 90 days to 12 months in jail
- $600 fine
- 240 hours of community service
- DUI school
- License suspension for 1 to 3 years
- Substance abuse assessment
- 12 to 36 months of probation
- Surrender of license plate
The penalties for a third DUI can include:
- 120 days to 12 months in jail
- $1,000 to $5,000 in fines
- 240 hours of community service
- DUI school
- License suspension for up to 5 years
- Substance abuse assessment
- 12 to 36 months of probation
- Surrender of license plate
If you get a fourth DUI conviction within a ten-year timeframe, it’s a felony that comes with these penalties:
- 1 to 5 years in prison
- $1,000 to $5,000 in fines
- 480 hours of community service
- DUI school
- License suspension for up to 10 years
- Substance abuse assessment
- 5 years of probation
- Surrender of license plate
No matter how many DUIs you’ve been convicted of over the years, you should consult an experienced DUI lawyer. The right legal team will look for ways to show the court that you’re not guilty of this crime or shouldn’t get the maximum punishment if convicted.
How Can DUI Defense Lawyers Defend You from This Charge?
If you know you drank alcohol before driving and felt impaired behind the wheel, you might wonder if it’s worth your time to get criminal defense help. After all, if the breath or blood test results make it clear that your BAC was above the legal limit, you might feel like a DUI conviction is imminent.
However, this isn’t always the case. Experienced lawyers have several defense angles to consider when representing drivers like you, including showing that some evidence should be inadmissible. For instance, even if your lab results show that your BAC was over 0.08%, your lawyer might discover that the test was incorrectly performed. They could also find that the sample was improperly stored and the test results may be inaccurate.
Skilled DUI defense lawyers will also look at the police report to analyze whether the police had probable cause to follow you and pull you over. Additionally, they might find that the police violated your criminal rights during the arrest. If so, they’ll typically ask for the case to be dismissed.
If your lawyer doesn’t find a reason for the case to be dropped, they’ll work on proving that the prosecutor can’t prove beyond a reasonable doubt that you were driving while impaired. They might also work toward getting the charge reduced to a less serious offense. If you’re anxious to find out what the defense angle for your case might be, contact Overman & Overman, LLC at 770-501-7425 for a free consultation.
