Should I Get a Lawyer for My DUI Charge in Georgia?

If you’ve been charged with DUI, it’s in your best interest to talk to an experienced Augusta DUI attorney right away. The information in this article will help you understand the possible consequences of a Georgia DUI conviction, possible defenses in a DUI case, and what happens after a DUI conviction. But, it’s no substitute for personalized advice from a criminal defense lawyer who is experienced in handling DUI cases.

Attorney J. Todd Mitchell has been dedicated to helping people charged with crimes in the Augusta area for more than a decade. He knows how important it is for you to have reliable information as soon as possible after you are arrested for DUI or charged with any crime. He offers free consultations to help you protect your rights. You can schedule yours right now by calling 706-750-0501 or filling out our contact form.

Georgia DUI Charges are Serious

The first step toward making good decisions after a DUI charge is to understand the charges and possible penalties. The Georgia DUI statute makes it a crime to operate a motor vehicle:

• Under the influence of alcohol or another intoxicating substance “to the extent that it is less safe for the person to drive,” or
• With a blood alcohol concentration of .08 or greater, or
• With any amount of marijuana or controlled substance detectable in the driver’s blood or urine

A driver may also be charged with DUI if:

• They are under the age of 21 and have a blood alcohol concentration of .02 or more, or
• They are operating a commercial motor vehicle and have a blood alcohol concentration of .04 or more

The classification of the charge and the consequences of a DUI conviction vary depending on factors like whether the driver has any prior DUI convictions and whether someone was seriously injured or killed.

How soon do I need a DUI lawyer?

In Georgia, if you’re arrested for Driving Under the Influence (DUI), you have 30 days from the date of your arrest to submit an appeal letter to prevent the suspension of your license.

An administrative license suspension happens if you refuse to take a State-administered chemical test (such as a blood, breath, or urine test) following a DUI arrest or if the results of the chemical test are above the legal limit.

If you take no action, your license may be suspended for a minimum period of one year.

It’s crucial to consult with an experienced DUI attorney to determine if you need to file an appeal letter to protect your driving privileges. Delaying could result in a suspension of your license.

Is a DUI a Misdemeanor of Felony in Georgia?

A Georgia DUI may be a misdemeanor, a high and aggravated misdemeanor, or a felony.

First and second offense DUI charges are misdemeanors. A third offense is a high and aggravated misdemeanor. A fourth or subsequent offense is a felony. A DUI may also be charged as a felony if it results in severe injury or death.

The penalties also vary based on the number of prior DUI offenses and whether the DUI resulted in severe injury or death.

Is Jail Time Mandatory for DUI in Georgia?

There is a minimum jail sentence for DUI, even for a first offense. However, the amount of time the driver actually spends in jail varies. For example, with a first offense DUI, the judge has the discretion to suspend the entire sentence, unless the driver’s blood alcohol concentration is .08 or greater. In that case, the judge may suspend all but 24 hours of the sentence.

For a second offense within a 10-year period, the minimum sentence is increased–from 10 days for a first offense to 90 days for a second offense. But, most of that time may also be suspended. The minimum time a driver must serve for a second DUI offense is 72 hours.

For a third offense within a 10-year period, the minimum sentence is increased to 120 days, and the minimum time the driver must serve is increased to 15 days.

For a fourth offense (or more) within 10 years, the minimum sentence is one year, with a requirement that the defendant actually serve at least 90 days.

How Much is a DUI Fine in Georgia?

The range of possible fines for a DUI conviction also varies depending on the defendant’s prior convictions.

• First offense: $300 – $1,000
• Second offense within 10 years: $600 – $1,000
• Third offense within 10 years: $1,000 – $5,000
• Fourth offense (or subsequent) within 10 years: $1,000 – $5,000

Do You Lose Your License for Your First DUI in Georgia?

There is a mandatory driver’s license suspension for every Georgia DUI conviction. For a first offense, the suspension is for 12 months. However, in some circumstances a driver may be able to apply for reinstatement after 120 days. And, a limited driver’s license may be available. There is also a minimum one-year driver’s license suspension for chemical test refusal.

The driver’s license suspension for a DUI conviction increases with subsequent convictions. A second DUI conviction within five years can mean a license suspension of up to 18 months, and the court may order use of an ignition interlock device. After a second conviction, the driver’s license suspension jumps. For a third offense in five years, the suspension is for five years. And, a driver who has been convicted of DUI three times in five years won’t be eligible for limited driving privileges for at least two years.

How Long Does a DUI Stay on Your Criminal Record in Georgia?

Criminal records aren’t like credit reports. Convictions don’t drop off after a certain period of time. Georgia law allows for some criminal records to be restricted, meaning that they won’t show up on a background check. However, DUI records are not eligible for restriction. In other words, once a DUI conviction is on your record, it’s there forever. The only exception would be if you successfully appealed your conviction or had the conviction set aside through another type of post-conviction relief. This is one reason it’s so important to hire an experienced Augusta defense attorney. Once the conviction is on your record, your options are very limited.

The impact of a DUI conviction does diminish over time, though. For example, the driver’s license suspension is longer for a second offense within five years, not a second offense in your life. Similarly, the more serious classification of the crime and increased penalties apply to a second, third, fourth (or subsequent) DUI within 10 years.

What to Do If You’ve Been Charged with DUI in Georgia

Your first step after being charged with DUI should be to consult a local DUI lawyer. You don’t want to make decisions about how to proceed with your DUI case without thorough, accurate information about your options and the possible consequences. Your Augusta DUI lawyer can answer questions like:

Should I Plead Guilty or Nolo Contendere to DUI?

In some cases, it makes sense to plead guilty in a DUI case. Before you make that decision, you should make sure that you fully understand the consequences of the guilty plea. When the prosecutor offers you a plea agreement, they’re only talking about the direct consequences the court will impose. But, there may be more at risk. Your DUI lawyer can more fully explain the consequences of a DUI conviction so there are no unpleasant surprises after you enter your plea.

You should also know whether there are weaknesses in your case that could give you greater leverage in negotiating a plea agreement, lead to dismissal, or create an opportunity to fight the charges against you at trial.

How Do You Beat a DUI in Georgia?

Every criminal case is different, and that includes DUI cases. There’s no single strategy for every DUI case. Your Augusta DUI lawyer will assess your case for the best approach to fight the charges against you. Some examples of issues that could lead to dismissal of DUI charges or a win at trial include:

• A “bad stop,” meaning that the officer did not have probable cause to pull you over–if there was no probable cause for the stop, your DUI lawyer may be able to get all of the evidence resulting from the stop suppressed, leaving the prosecutor little to work with
• A problem with the chemical test, such as a machine that wasn’t properly calibrated or the test being administered by someone who wasn’t properly trained
• A delay between the stop and administration of a chemical test, which could mean that your blood alcohol concentration increased between the time you operated the vehicle and the time you were tested

How to Choose the Right DUI Defense Attorney

The right Augusta DUI lawyer will have extensive experience with Georgia criminal cases, including a thorough knowledge of the local criminal courts. You’ll also want to work with an attorney who has significant trial experience, since you won’t know until your lawyer investigates your case whether it’s in your best interest to fight the charges in court.

It’s also important to recognize that the right DUI attorney really means the right DUI attorney for you. Factors like experience and willingness to go to trial are important for everyone. But, you will also need to have trust in your attorney and be comfortable being completely honest as you work with them. When you schedule your free consultation with attorney J. Todd Mitchell, you’ll have the opportunity to learn more about the charges you’re facing and what to expect as the case proceeds. You can also learn more about Mr. Mitchell’s years of criminal defense experience.

To get started, call 706-750-0501 right now, or fill out our contact form.