When you make the decision to drive under the influence (DUI), you are not just putting yourself in danger; you’re putting everyone else on the road in danger. What happens when you get a DUI in Georgia? The consequences for a DUI conviction can be disastrous.
The criminal record that comes with that conviction will follow you forever. It can impact every aspect of your life, including your personal relationships.
The most important thing you can do for your case is to hire a DUI attorney to represent your interests. This may be the first time you’ve ever had to deal with criminal charges. You will want experienced help from someone who understands Georgia’s DUI laws as they apply to your case. Our firm can walk you through your options and help you develop a strong defense strategy.
Hire a DUI Lawyer
When you are facing a potential criminal conviction for a DUI, you should hire a DUI lawyer to help you figure out your next steps and avoid that conviction. Most of all, you want to make sure you have someone handling your case who appreciates the high stakes you’re facing.
Adam M. Cain has spent his career helping individuals like you who are facing criminal charges. He’s even worked as a prosecutor. In 2013, he started the Law Offices of Adam M. Cain, LLC, to help those charged.
According to recent data from the Georgia Department of Driver Services (DDS), there were over 200,000 DUI arrests in 2023 from the Atlanta metropolitan area alone. Additional data from the Governor’s Office of Highway Safety showed 507 alcohol-related traffic fatalities in the state in 2022. The state takes DUI charges very seriously in an effort to protect drivers and pedestrians alike.
Reach Out for Support
There’s nothing wrong with asking for help when you really need it. A DUI arrest can open your eyes to certain life choices that you want to change. You may want to consider reaching out to a local alcohol-related support group like Samba Recovery or Choices. Surrounding yourself with other people with similar problems can provide you with some perspective and give you a judgment-free zone to voice your own fears and concerns.
What Happens When You Get a DUI in Georgia?
According to Georgia state law, any driver who is pulled over and found to have a blood alcohol content (BAC) of 0.08% or higher may be arrested for being over the legal limit. If you’re under 21, the legal limit is 0.02%. From there, you will need to contact a DUI lawyer to start building a defense in Georgia.
Here is a brief rundown of what happens when you get a DUI in Georgia:
- It begins with the arrest. The police will pull you over for suspected drunk driving. They will likely conduct a field sobriety test and/or a breathalyzer test. Refusal of a breath test can lead to an automatic arrest under the state’s implied consent laws. If arrested, you’ll be booked and processed at the police station. Make sure you call your lawyer as soon as you can and say nothing to the police.
- An officer will issue a form to suspend your driver’s license. The suspension begins shortly after your arrest unless you request an appeal with the DDS beforehand. This short window gives you the opportunity to keep your license in some cases.
- At your arraignment, you will be able to enter a plea of guilty or not guilty. Your lawyer will be with you. A judge will set bail and a trial date.
- Your lawyer and the prosecutor will discuss the terms of the trial. Your lawyer may file several motions. The prosecution may offer a plea deal. It depends entirely on the details of your case.
- Once your trial begins, anything could happen. If convicted, you may face a lighter sentence if this is your first offense. If there are aggravating factors, such as a serious injury or someone’s death, you will suffer much harsher penalties that will likely include prison time.
FAQs
What Is the Penalty for a First Offense DUI in Georgia?
The penalty for a first offense DUI in Georgia depends entirely on the details of your specific case. Generally, a first offense DUI is a misdemeanor in Georgia that comes with a minor fine, possible jail time, probation, and community service. However, if aggravating factors are present, such as a minor in the car or a higher BAC level, the penalties will be harsher.
Can You Drive After Getting a DUI in Georgia?
Yes, you can drive after getting a DUI in Georgia, but only for as long as it takes the Department of Driver Services (DDS) to suspend your driver’s license. The suspension is automatic, but you have a limited time to request a hearing. You can choose to have an ignition interlock device installed in your car so you can maintain driving privileges after a DUI charge.
What Is the Most Common Penalty for a First Offense DUI in Georgia?
The most common penalty for a first offense DUI in Georgia is a fine that averages anywhere between several hundred dollars and $1,000, as well as a suspension of your driver’s license. Depending on the details of your case, you may suffer additional penalties. Your lawyer can try to negotiate for leniency, but it’s ultimately the judge’s decision.
What Is the Three-Hour Rule for DUI Cases in Georgia?
In Georgia, the three-hour rule refers to the presumption of accuracy for chemical tests following a DUI arrest. Chemical test results are presumed to be valid evidence of drunkenness at the time of driving if the test is administered within three hours of arrest. Tests taken outside that window can result in incorrect results, which can weaken the state’s case.
Contact Us Today
At the Law Offices of Adam M. Cain, LLC, we can help you determine your next steps for your DUI case. Contact us to speak to someone on our team who can help.
