DUI

When you find yourself in the unfortunate situation of getting a DUI, a lot of things can happen quickly. From being pulled over, to being asked to perform sobriety tests, to being ticketed and even arrested. The whole process can be jarring and challenging to navigate. It’s important to know what to expect when you get a DUI and how to protect yourself throughout the process.

Consequences of a DUI

The range of consequences should you be convicted of a DUI are pretty large. Most charges come with some jail time and a fine, but more serious outcomes can occur. In Georgia, the severity of the results of a DUI charge are directly related to how many prior DUIs you have had and how many years between those DUIs.

Assuming you’re 21 or over at the time of your charge, the Official Code of Georgia Annotated, under Section 40-6-391 provides the following punishments:

Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor, upon a third conviction thereof, be guilty of a high and aggravated misdemeanor, and upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as follows:

(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:

(A) A fine of not less than $300.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph;

(C) Not fewer than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program;

(E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court's discretion such evaluation may be waived; and

(F) If the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated;

(2) For the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:

(A) A fine of not less than $600.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A period of imprisonment of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (f) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration;

(C) Not fewer than 30 days of community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program;

(E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and

(F) A period of probation of 12 months less any days during which the person is actually incarcerated;

(3) For the third conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:

(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 15 days of actual incarceration;

(C) Not fewer than 30 days of community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program;

(E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and

(F) A period of probation of 12 months less any days during which the person is actually incarcerated;

(4) For the fourth or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:

(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose;

(C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program;

(E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and

(F) A period of probation of five years less any days during which the person is actually imprisoned;

This is a lengthy list of penalties, but these are only the primary consequences to getting convicted of a DUI. A judge can order additional penalties be added to your sentence, including the use of an interlock ignition device. These devices are temporarily installed in your car. You have to blow into them to start your car and keep blowing into them at regular intervals along your drive. If you fail to blow at a safe alcohol level, your car won’t start for a set amount of time.

Hiring an attorney

Being charged with a DUI is serious, and you should strongly consider engaging a Georgia DUI defense attorney to help navigate the process. Relying on their expertise may help get your charges reduced and/or decrease the amount of punishment you receive should you be convicted or plead guilty. A lawyer can adequately review the particulars of your case and may even be able to get it dismissed.

First and foremost, an attorney can advise you on whether to plead innocent or guilty to the charges. Proving innocence depends on the evidence – is there enough available to challenge the charge? Secondly, they’ll want to know what your blood alcohol level (BAC) was at the time of your arrest. In Georgia, if your BAC is .08 or more, you may not be able to avoid a conviction.

However, a qualified attorney may be able to challenge the validity of the BAC results if proper evidence is available. Lastly, should you be guilty, a lawyer can help with a plea bargain which may minimize your sentence and reduce penalties.

Finding the right attorney requires you to look for a few specific qualifications:

• Familiarity with Georgia DUI laws.
• How many cases they’ve handled.
• What fees are associated with this type of case (you get what you pay for in this instance, so it is generally not advisable to hire the cheapest lawyer you can find.)
• How much time they’ll personally give to you and your case.
• Have they handled cases in the county and/or city courts where your case is pending and do they have a good working relationship with the prosecutors in those courts.

At The Patterson Cozzo Law Firm, we pride ourselves on not only our expertise in the cases we take on, but also in the level of personal attention we give to our clients. As Georgia locals, our team understands the intricacies of Atlanta DUI laws as well as the need to act quickly after a DUI charge. Handing your case from start to finish quickly and carefully allows us to present the strongest defense possible with the goal of getting you an optimal outcome. Consultations are free. Learn how you can set up one today.