Driving Under the Influence involves several legal concepts; including, but not limited to, why you were stopped and investigated by the police, how long where you detained, under what circumstances you were detained, what field sobriety tests where conducted, what statements were made, whether you submitted to a State administered test, what the resulted of the State administered test was, what your DUI history and driving history is.
Erin Fowler Law is skilled and experienced in DUI defense, contact us for a free consultation.
In the State of Georgia there are two types of Driving Under the Influence Charges: DUI Per Se and DUI Less Safe. Depending on the facts of your case, the State can charge you with both DUI Per Se and DUI Less Safe, or they could charge you with either individually.
If you are charged with at DUI Per Se it is because you submitted to a state administered breath or urine test and the State claims you tested above the legal limit.
If you have been charged with DUI Less Safe it is because the State is asserting that you where under the influence of drugs or alcohol to the point where you were less safe to operate a motor vehicle. You may still be charged with this offense if you did not submit to the State test or if your test results were under the legal limit.
You could also be charged with a Boating Under the Influence charge, many of the same consequences and conditions will apply to a BUI charge.
You have 10 days following the issuance of a DUI 1205 form to appeal the suspension of your driver's license to the Georgia Department of Driver Services. If you fail to appeal the suspension of your driver's license your license will be suspended and you may loose the ability to drive for one or more years. There are very specific facts and requirements that must be abided by when submitting your appeal. You should contact an attorney right away so you submit the form properly and on time.
Even if you were not issued a 1205 form by the Department of Driver Services, or you were able to avoid a suspension of your drivers license at your administrative hearing, you will face a suspension of your drivers license if you are convicted of a DUI. How long you will loose your drivers license is fact specific to your case. It is important that you discuss this potential consequence with your attorney.
Georgia's DUI Penalties
A fine of $300 - $1,000. 10 days to 12 months in Jail, with 24 hours minimum in jail (the judge may suspend or probate the sentence.) Community service of 20 hours (if the BAC was less than 0.08 at the time of the offense) or 40 hours or more for all others. Completion of a DUI Alcohol or Drug Use Risk Reduction Program. A clinical evaluation, and, if recommended, completion of a substance abuse treatment program (the judge can suspend this requirement).
(within a 10-year period)
A fine $600 - $1,000. 90 days in Jail, not to exceed 12 months, with a minimum 72 hours in jail. 30 days or more of community service. Completion of a DUI Alcohol or Drug Use Risk Reduction Program. Clinical evaluation and a substance abuse treatment program. A public notice ($25 cost to you) will be printed in the newspaper, along with your booking photograph. 12 months of probation less jail time.
(within a 10-year period)
A fine of $1,000 to $5,000. 120 days in Jail, not to exceed 12 months. (judge could order probation in lieu of a portion of this sentence, with at least fifteen days in prison.) At least 30 days of community service. Completion of a DUI Alcohol or Drug Use Risk Reduction Program. A clinical evaluation and, and if recommended, the completion of a substance abuse treatment program. A public notice ($25 cost to you) will be printed in the newspaper, along with your booking photograph. 12 months of probation less jail time.
(within a 10-year period)
A fine of $1,000 - $5,000. 1 to 5 years in Jail (the judge may probate a portion of that sentence) At least 90 days in jail. At least 60 days of community service (judge may suspend if you are sentenced to three or more years in jail). Completion of a DUI Alcohol or Drug Use Risk Reduction Program. A clinical evaluation and, if recommended the completion of a substance abuse treatment program. A public notice ($25 cost to you) will be printed in the newspaper, along with your booking photograph.
Our DUI attorneys are professional litigators who aggressively represent our clients' interest. Even with multiple DUI convictions already on your record, the DUI lawyers at Erin Fowler Law can help. Those convicted of DUI for a fourth time will be charged with a felony and can face up to, a $5,000 fine, and worst of all, up to 5 years in jail.
If you have been charged with a DUI that involves bodily injury, your case will automatically become a felony and you will likely face additional penalties.
For specific information about your case and your options, contact us and request free consultation.
Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of an attorney-client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case.