Brought to you by Colorado DUI Drunk Driving Defense

Warner Robbins DUI Lawyers

  1. Wilkerson, Rabb: If you have been arrested for drunk driving, you need to hire an attorney immediately. Even though your arraignment date may be months away, there is a pressing need for timely and experienced legal representation. You only have 10 days from the date of your arrest to take action that may prevent the automatic suspension of your driver's license. If you wait until day 11, the window of opportunity will be closed.
  2. Rockefeller Law Center: 1. What is the legal blood-alcohol limit in Georgia? 0.08, which is the equivalent of four (4) 8 oz. glasses of beer, two (2) or three (3) glasses of wine or mixed drinks. In Georgia, if you blow into the breathalyzer within three (3) hours of driving, and a jury determines the results are above 0.08, you will be found guilty. 2. Is there a different legal blood-alcohol limit for minors (under 21)? Yes; If you are under twenty-one (21), the legal limit is only 0.02, which is the equivalent of a single drink. 3. Is it possible to be charged with DUI without having my blood-alcohol limit at 0.08 or 0.02 (minors)? Yes; You can also be found guilty of DUI for being "less safe to drive," regardless of your blood alcohol level. A finding of "less safe to drive" would be based on evidence such as an erratic driving pattern or refusing to take a blood-alcohol test. You can also be charged with DUI for being under the influence of another substance, such as marijuana. 4. What are the ways that my blood-alcohol limit can be tested? If you were recently charged with DUI, you were probably offered an implied consent test by the arresting officer. This test can either be through the breathalyzer, a blood sample, or a urine sample. At the officer's discretion, you could have been asked to comply with all three (3). 5. Can I choose to have my blood-alcohol count tested through a blood sample? Yes. Once you have complied with the officer's first request, you have the right to request an immediate blood test, paid for by you; if your request is not granted, your arrest can be voided. 6. Is a Driving Under the Influence (DUI) charge a felony? No. A DUI charge is a non-felony. However, multiple DUI convictions are considered felonies. 7. What is the potential punishment for a DUI offense? Conviction of a DUI offense can result in some pretty stiff fines, increased insurance rates, and can wreak havoc with your driver's license. The punishment for DUI becomes more severe for multiple DUI violations within a five (5) year period and for habitual violators. 8. What is going to happen to my license? The affect on your license if you are found guilty of DUI varies. If this is your first offense in the past five (5) years, your license may be suspended for a year, although the judge may give you a work permit for 120 days. 9. How do I get a work permit? In order to obtain a work permit you must request, in writing, an administrative hearing within ten (10) business days of your arrest for DUI. This written request must be made to the Georgia Department of Driver Services in Atlanta. This request asks an administrative judge to find that you were either illegally stopped, that there was no reason to believe you were DUI, and/or you did not "refuse" the officer's request to provide a breath, urine, or blood sample. However, different requirements may exist for individuals who have either received multiple DUI charges or are habitual violators. 10. Is there a cost to obtain a work permit in the state of Georgia? Yes. There is a $150 fee. 11. Does the administrative hearing determine whether I am guilty or innocent? No. An administrative hearing has nothing to do with one's guilt or innocence. This hearing strictly determines the status of your Georgia driving privileges. 12. Will I be able to receive a work permit if the judge decides to administratively suspend my driver's license? If the judge decides to administratively suspend your driver's license then you will be unable to receive a work permit. 13. How long is the suspension? The suspension is twelve (12) months long. If your driver's license is administratively suspended, you will be unable to obtain a work permit or get your driver's license reinstated prior to the end of the twelve (12) months. However, your driver's license may be suspended for a longer period of time depending on the number of prior DUI convictions you have received and whether your driver's license was administratively suspended or not. 14. What happens when the work permit expires? A work permit expires after 120 days. On the 121st day, if you have attended the DUI class, you can have your Georgia driver's license reinstated. Effectively, the work permit is no longer valid and your driving privileges are suspended until you have your license reinstated. 15. Is there a fee to get my license reinstated after my work permit expires? Yes. You will be required to pay the reinstatement fee of $200 if done through th email and $210 if you "walk in" to process the reinstatement at the DDS offices that handle such requests. 16. What will happen to my license if I have a prior DUI conviction? If you had a DUI less than 5 years ago, your license can be suspended for three (3) years, with six (6) months of "hard" suspension (no driving at all), and twelve (12) months of qualified suspension (using an ignition-interlock device). Additionally penalties can be put into place for individuals with multiple DUI convictions or habitual violators. 17. What is an ignition-interlock device? An ignition-interlock device is a mechanism similar to a breathalyzer. The device is installed on a motor vehicle's dashboard. Before the vehicle's motor can be started, the driver must first exhale into the device. If the breath-alcohol concentration is greater than the programmed blood alcohol concentration, the device will prevent the engine from being started. 18. What will happen to my license if I receive DUI and I am under 21? If you are under 21, even a first conviction results in a suspension of no less than 120 days.
  3. Walker, Jay: Auto Accidents Traffic Law and DUI Uncontested Adoption, Juvenile and Family Law Uncontested Divorces Hurt on the Job Claims Workers' Compensation Criminal Law Wills, Estate, Probate
  4. Bell, Greg: DUI Divorce Family Juvenile Criminal

    5. 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.

     



Return to Georgia DUI Lawyers