DUI Lawyers in Atlanta, Georgia
If you have been arrested for DUI (driving under the influence), you have 10 business days from the date of your DUI arrest to properly request an Administrative Law Hearing from the Georgia Department of Motor Vehicle Safety. This is a SEPARATE COURT DATE from the court date you may have received on your citations. This legal process can be confusing - don't lose your license - Call an Atlanta DUI attorney at Conaway & Strickler, P.C. today so we can help you SAVE YOUR DRIVER'S LICENSE.
Facing a Georgia DUI charge is a scary experience. Not only does a person endure the horrifying and humiliating experience of being arrested, they then have to appear in court where they will have to face the prosecutor, the judge, and all of the State's prosecutorial power.
Conaway & Strickler, P.C. represents people throughout Georgia who have been charged with the criminal offense or DUI. We handle criminal and DUI cases only, and have an in-depth knowledge of the court system throughout the greater Atlanta metro area. Our Atlanta drunk driving defense lawyers know the judges and prosecutors operating within these courtrooms, and we understand best how to get your case dismissed.
Georgia DUI Charges - Frequently Asked Questions
As experienced DUI attorneys, we are often asked specific questions about drunk driving offenses, penalties and other related matters. While we are happy to address your questions when you contact an attorney at our firm for your initial consultation, we have also included some frequently asked questions regarding Georgia DUI charges:
What is the legal limit in Georgia?
An alcohol content reading of .08% within three hours of driving is a "per se" DUI, if you are over the age of 21. There is also a "less safe" provision in Georgia DUI statutes where the State must prove that alcohol and/or other intoxicants caused the driver to be less safe. An alcohol content of .08% raises the presumption of the driver's intoxication. If you are under the age of 21, the legal limit within three hours of driving is .02%. If you are driving a commercial vehicle, the legal limit is .04.
What if I have a Commercial Driver's License (CDL)?
If you were driving a commercial vehicle and tested at .04% or higher, you are facing the 10 Day Rule (see next question.) If you have a CDL, but were not driving a commercial vehicle at the time of your arrest, your CDL is immediately suspended - AT THE TIME OF YOUR ARREST. You may continue to drive your personal vehicle, but you must contact Conaway & Strickler, P.C., PC to find out how - it is NOT automatic.
What is the 10 Day Rule?
The 10 Day Rule states that you only have 10 business days from the date of your arrest to request an administrative hearing before the Georgia Department of Motor Vehicle Safety. You must request this hearing in order to contest the suspension of your driver's license. This is separate from the court date you may have received on your citation. This is confusing and it is meant to be - don't lose your license - contact a Georgia DUI lawyer at Conaway & Strickler, P.C. right now to save your driver's license from being suspended! The first thing you need to do is look at your citations and whatever else you received at the time of your arrest. Did you receive an 8 1/2 by 11 inch paper from the Georgia Department of Motor Vehicle Safety?
If you are unaware that you received this form, call Conaway & Strickler, PC now! This could mean the difference between a full year suspension of your driver's license and simply having a work permit for 30 days, and no suspension!
What are the
penalties for DUI in Georgia
?
The criminal penalties for a Georgia DUI conviction are severe. You may face imprisonment, fines, driver's license suspension, probation, and community service. A DUI conviction also means higher insurance rates, difficulty renting automobiles and having to say to all current and future job prospects, if asked, that you have a DUI conviction.
What should I do after being pulled over?
First and foremost, the most critical thing that you can do is to be courteous to the officer. Getting nasty with the officer will only get you to jail more quickly. You do not have the right to an attorney at the time of being pulled over. You do have the right to refuse all field sobriety tests - standing on one foot, watching the pen (HGN test), touching of your nose, the walk and turn, and reciting the alphabet by starting at d and ending with u.
You do have the right to refuse the breathalyzer, blood, or urine tests. Remember however, if you do this, you face a one-year suspension of your driver's license. It may be in your best interest to request an independent blood or urine test (at your expense) which the officer must comply with.
What if I am under 21?
If you are a Georgia driver and are under the age of 21, a blood alcohol level of just .02% within three hours of driving is sufficient for a DUI conviction. Your license is revoked and it is therefore necessary to go through the entire process of obtaining a license again. If your blood alcohol level is less than .08%, then your revocation will last for 6 months. If your blood alcohol level is greater than .08%, your revocation will be for one year.
What other helpful hints can Conaway & Strickler, P.C. offer?
You are probably on video. Watch what you say.
You do not need to respond to the officer's questions about whether you had anything to drink that night, where you were coming from, etc. You can say, "I need to talk to my attorney before I answer any more questions." Be respectful. An unhappy officer is not something you want.
The firm of Conaway & Strickler, P.C. has handled over a thousand DUI cases. We are Atlanta criminal defense trial attorneys dedicated to preserving your rights and getting your case dismissed. We have payment plans and accept all major credit cards. Call us now to avoid your license suspension, excess fines and jail time.
Sentencing Requirements for DUI in Georgia
The specific penalties that a driver may face for an Atlanta, Georgia DUI conviction will vary on a case to case basis, but following are the basic sentencing requirements which may be imposed:
1st DUI Conviction
- Jail Time - must serve 24 hours, 10 day minimum/12 month maximum
- Fine - $300 minimum/ $1,000 maximum
- Community Service - not less than 40 hours
- Risk Reduction/DUI School
- Mandatory Alcohol Evaluation and/or Treatment
- License Suspended - 12 months, limited driving permit allowed
- Probation - 12 months reporting regardless of paying fine early
2nd DUI Conviction in 10 Years
- Jail Time - must serve 72 hours, 90 day minimum/12 month maximum
- Fine - $600 minimum/ $1,000 maximum
- Community Service - not less than 240 hours
- Risk Reduction/DUI School Mandatory
- Alcohol Evaluation and/or Treatment
- License suspended - 3 years
- Probation- 12 months reporting regardless of paying fine early
- Picture in Paper- photograph must be published in paper
- Ignition Interlock Device mandatory on all cars you own or operate for 6 more months after license suspension ends
3rd DUI Conviction in 10 Years
- Jail Time - must serve 15 days, 120 day minimum/12 month maximum
- Fine - $1000 minimum/ $5,000 maximum
- Court may suspend fine if you are ordered into a treatment program
- Community Service - not less than 240 hours
- Risk Reduction/DUI School Mandatory
- Alcohol Evaluation and/or Treatment
- License suspended for 5 years as Habitual Violator
- Probation - 12 months reporting regardless of paying fine early
- Picture in Paper - photograph must be published in paper
4th DUI Conviction in 10 Years
A fourth or subsequent DUI conviction within a 10 year period is a felony. However, arrests occurring prior to July 1, 2008, are not counted for felony treatment.
- Jail Time - must serve 90 days, 1 year minimum/5 year maximum
- Fine-$1,000 minimum/$5,000 maximum (the Court may suspend up to one-half of the fine if you undergo treatment in a substance abuse program.)
- Community Service - not less than 60 days
- Risk Reduction/DUI School Mandatory
- Alcohol Evaluation and/or Treatment Required
- License suspended for 5 years as Habitual Violator
- Probation - 5 years less any time during which you are actually imprisoned
Under 21 DUI:
- Driver's license revoked
- 1st violation - 6 months revocation; 2nd violation - 1 year revocation
- If you blow more than 0.08, then license can be suspended for 1 year on 1st violation
- You may be segregated from the general population and serve weekends for 1st conviction.
- Subsequent convictions cannot be segregated or weekends.
Contact an Atlanta, Georgia DUI attorney
at our firm today!