Indulging in alcoholic beverages, drugs, or other substances can quickly impair your judgment. While you may “feel fine,” that doesn’t mean you’re in the best state to get behind the wheel of a car and arrive at your destination safely.
Whether you were at an intimate dinner party with friends and had “one too many” or were out celebrating a momentous occasion with a night of partying, the law enforcement officer that pulls you over will not care about the reason why you’re under the influence. Savannah GA Dui Attorney is one of the strictest states regarding DUI laws, and being pulled over for drunk driving can carry serious consequences.
What is considered a DUI in Georgia?
While some states differentiate between Driving under the Influence (DUI) and Driving While Intoxicated (DWI) — Georgia is not one of them. In Georgia, the term DUI is used to cover impaired driving under the influence of any alcohol, drug, or controlled substance.
There are a few different ways that a person can be found in violation of Georgia’s DUI laws:
Having a blood alcohol content (BAC) level of .08% or higher
If the driver’s ability is considered less safe, or clearly impaired, due to the influence of any alcohol or drugs
Possessing traces of marijuana or illegal drugs in their system
It’s important to be aware that you can be charged with a DUI even if your BAC is below the legal limit. The prosecution would need to prove that you were mentally or physically impaired while operating a moving vehicle.
Regardless of the cause of the charges against you, you’ll want an experienced DUI attorney on your side to help you fight for the best possible outcome for your case. The Law Offices of Harold J. Cronk has represented many clients in Savannah, Georgia, and the surrounding areas, against DUI convictions. We’ll listen to your side of the story and do everything we can to seek fair treatment by the justice system and a favourable result for you.
What Happens After a DUI Arrest?
Even for a first DUI offense, you will be required to serve at least 24 hours in jail. You’ll then be released without your valid license, but a temporary license instead. It’s important to contact a DUI defense attorney as soon as possible who can guide you through the legal proceedings to come. These can include plea negotiations, hearings, trial, and ultimately, sentencing — where your specific penalties are set by the judge.
Penalties for DUI Charges in Georgia
There are certain penalties that all drivers convicted of a DUI will have to face. From jail time, probation, and license suspension to treatment programs, community service, and fines, the exact penalties for your DUI charge will depend on whether it’s your first or repeat offense as well as the strength of the defense for your case. Read more about the possible penalties for DUI offenses below:
1st DUI Offense
1 day to 1 year in jail
Fines ranging from $300 to $1,000
A minimum of 20 community service hours (40 hours if BAC was .08% or higher)
License suspension up to 1 year
Example: John, a first-time offender, was pulled over after a party. His BAC was 0.09%.
Potential Defences: Challenging the accuracy of the breathalyser test, arguing improper police procedures.
Mitigation Strategies: Attending an alcohol education program, volunteering for community service beyond the minimum required hours.
2nd DUI Offense
48 hours to 90 days up to 1 year in jail
Fines ranging from $600 to $1,000
A minimum of 30 days of community service
License suspension of 3 years
Mandatory clinical evaluation, potential enrolment in substance abuse treatment program
Example: Sarah, with a previous DUI conviction, was arrested again with a BAC of 0.12%.
Potential Defences: Disputing the reliability of field sobriety tests, contesting the legality of the traffic stop.
Mitigation Strategies: Enrolling in a long-term substance abuse treatment program, participating in a DUI risk reduction program.
3rd DUI Offense
15 days of jail time with possible additional 120 days to 1 year in jail
Fines ranging from $1,000 to $5,000
A minimum of 30 days of community service
License suspension and license plate revocation until driver’s license is reinstated
Mandatory clinical evaluation, potential enrolment in substance abuse treatment program
Example: Mike, who has two prior DUI convictions, was stopped and found with a BAC of 0.15%.
Potential Defences: Questioning the chain of custody for blood test samples, arguing insufficient probable cause for the traffic stop.
Mitigation Strategies: Consistent participation in a support group such as Alcoholics Anonymous, completing an intensive rehabilitation program.
Dealing with a DUI conviction can have lasting consequences on your life. If you’re facing any of the above penalties, you shouldn’t try to take on your defense alone. Contact us