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Warner Robbins DUI Lawyers

1. Grantham & Peterson:

   Driving Under the Influence (DUI):

   Driving Under the Influence (DUI) can arise out of an alleged use of alcohol, drugs (legal or illegal), inhalants, or any combination thereof. In Georgia, every driver is presumed to have consented to a test of their blood, breath or urine upon request. Drivers are still entitled to an implied consent warning upon an officer requesting that they submit to such a test or tests. Failure to comply with the request for testing can result in the suspension of a driver's license or privilege to drive in the state.

   Quite often, there has been a failure by the officer to comply with the requirements of the implied consent warning, proper testing procedures, Miranda warnings, field sobriety testing or other matters. It is our task to identify these deficiencies and attempt to turn them to your advantage.

   It's important to know what to do if you are arrested for DUI. There are many different ways that a driver can be charged with DUI in the state of Georgia. We begin with the premise that you must be driving or be in actual physical control of a motor vehicle in order to be charged. The offense can occur on public roads or on private property.

   Less safe offenses:

   It is a violation of Georgia law to be driving or be in actual physical control of a motor vehicle while under the influence of one or more of the following to the extent that the person is "less safe."

   1. Alcohol
   2. Any drug (legal or illegal)
   3. The intentional influence of any glue, aerosol, or other toxic vapor
   4. Per Se Offenses

   It is a violation of Georgia law to have an alcohol concentration of 0.10 grams percent or more within three hours of driving or being in actual physical control of a motor vehicle from alcohol consumed prior to or at the time of driving.
   
   It is a violation of Georgia law to have an alcohol concentration of 0.04 grams percent or more while driving or being in actual physical control of a moving commercial motor vehicle.
   
   It is a violation of Georgia law to be under the age of 21 and have an alcohol concentration of 0.02 grams percent or more within three hours of driving or being in actual physical control of a motor vehicle from alcohol consumed prior to or at the time of driving.
   
   It is a violation of Georgia law to have present in the person's blood or urine any marijuana or controlled substance, including any metabolites or derivatives, whether or not there is any alcohol usage.

   It is a separate offense to commit a DUI offense (as otherwise defined above) while transporting a child under the age of fourteen (14) years. This offense does not merge with the additional charge of DUI.
   

   In evaluating alcohol test results, the following presumptions should be considered:

   1. If the alcohol test shows the alcohol concentration is 0.05 grams percent or less, it is presumed that the person is not under the influence of alcohol
   2. If the alcohol test shows the alcohol concentration is in excess of 0.05 grams percent but less than 0.08 grams percent or less, no presumption as to whether the person is under the influence of alcohol shall arise from the alcohol test result
   3. If the alcohol test shows the alcohol concentration is 0.08 grams percent or more, then it is presumed that the person is under the influence of alcohol.
   4. If the alcohol test shows the alcohol concentration is 0.10 grams percent or more, this is a per se violation as discussed above.

   Note: If you were arrested for DUI in Georgia, you may have only ten (10) business days to request a hearing or your license will be suspended.

   Penalties for DUI Convictions in Georgia:
   
   FOR DRIVERS 21 YEARS OF AGE & OLDER:

   If it is a first DUI within five years, you are facing:

   1. Jail time: Minimum of 24 hours if you tested .08 or higher, maximum of 12 months.
   2. Fines: $300 to $1000, plus court costs and statutory fees.
   3. Community service: Minimum of 40 hours.
   4. License Suspension: Minimum of 120 days (you should be eligible for a limited permit during that time if you submitted to a blood, breath or urine test); and up to a one year suspension without any permit if you refused to submit to a blood, breath or urine test.
      Drug & alcohol dependency evaluation: May be ordered by the court.

   If it is a second DUI within five years, you are facing:

   1. Jail time: Minimum of 72 hours, maximum of 12 months.
   2. Fines: $600 to $1000, plus court costs and statutory fees.
   3. Community service: Minimum of 30 days.
   4. License Suspension: Maximum of three years, but you may be eligible for early reinstatement after one year with an ignition interlock device.
   5. License plates: Confiscated.
   6. Drug & alcohol dependency evaluation: Mandatory.
   7. Your photograph: In the local newspaper at your expense.

   If it is a third DUI within five years, you are facing:

   1. Jail time: Minimum of 15 days.
   2. Fines: $1000 to $5000, plus court costs and statutory fees.
   3. Community service: Minimum of 30 days.
   4. License Revocation: As a "habitual violator" your license will be revoked for five years. After two years you may be eligible for a probationary license with an ignition interlock.
   5. License plates: Confiscated.
   6. Drug & alcohol dependency evaluation: Mandatory.
   7. Your photograph: In the local newspaper at your expense.

   FOR DRIVERS UNDER 21 YEARS OF AGE:

   If it is a first DUI within five years, you are facing:

   1. Jail time: Minimum of 24 hours if you tested .08 or higher, maximum of 12 months.
   2. Fines: $300 to $1000, plus court costs and statutory fees.
   3. Community service: Minimum of 40 hours if tested .08 or higher, 20 hours if tested below .08.
   4. License Suspension: 12 months if tested .08 or higher, 6 months if tested below .08. No work permit available.

   If it is a second DUI within five years, you are facing:

   1. Jail time: Minimum of 72 hours, maximum of 12 months.
   2. Fines: $600 to $1000, plus court costs and statutory fees.
   3. Community service: Minimum of 30 days.
   4. License Suspension: Maximum of three years, but you may be eligible for early reinstatement after 18 months with an ignition interlock device.
   5. License plates: Confiscated.
   6. Drug & alcohol dependency evaluation: Mandatory.
   7. Your photograph: In the local newspaper at your expense.

   If it is a third DUI within five years, you are facing:

   1. Jail time: Minimum of 15 days.
   2. Fines: $1000 to $5000, plus court costs and statutory fees.
   3. Community service: Minimum of 30 days.
   4. License Revocation: As a “habitual violator” your license will be revoked for five years. After two and a half years you may be eligible for a probationary license.
   5. License plates: Confiscated.
   6. Drug & alcohol dependency evaluation: Mandatory.
   7. Your photograph: In the local newspaper at your expense.

   FOR DRIVERS OF COMMERCIAL VEHICLES:

   If it is a first DUI within five years, you are facing:

   1. Jail time: Minimum of 24 hours if you tested .08 or higher, maximum of 12 months.
   2. Fines: $300 to $1000, plus court costs and statutory fees.
   3. Community service: Minimum of 40 hours.
   4. License Suspension: Minimum of 120 days (you should be eligible for a limited permit during that time if you submitted to a blood, breath or urine test); and up to a one year suspension without any permit if you refused to submit to a blood, breath or urine test.
      Drug & alcohol dependency evaluation: May be ordered by the court.
   5. One year disqualification from holding a CDL.

   If it is a second DUI within five years, you are facing:

   1. Jail time: Minimum of 72 hours, maximum of 12 months.
   2. Fines: $600 to $1000, plus court costs and statutory fees.
   3. Community service: Minimum of 30 days.
   4. License Suspension: Maximum of three years, but you may be eligible for early reinstatement after one year with an ignition interlock device.
   5. Disqualified from obtaining a CDL for life.
   6. License plates: Confiscated.
   7. Drug & alcohol dependency evaluation: Mandatory.
   8. Your photograph: In the local newspaper at your expense.

   If it is a third DUI within five years, you are facing:

   1. Jail time: Minimum of 15 days.
   2. Fines: $1000 to $5000, plus court costs and statutory fees.
   3. Community service: Minimum of 30 days.
   4. License Revocation: As a “habitual violator” your license will be revoked for five years. After two years you may be eligible for a probationary license with an ignition interlock.
   5. Disqualified from obtaining a CDL for life.
   6. License plates: Confiscated.
   7. Drug & alcohol dependency evaluation: Mandatory.
   8. Your photograph: In the local newspaper at your expense.