Drinking and driving is a dangerous mixture, as is combining driving with drugs that impair the person at the wheel. Driving under the influence (DUI) of drugs or alcohol is dangerous and illegal, and getting a DUI conviction can lead to serious consequences.
When you face DUI charges, a Doraville DUI lawyer could help you understand the consequences and mount a defense. First, you should know the basics of State DUI laws. Call today to schedule an appointment with one of our dedicated criminal defense attorneys.
What is a DUI?
Alcohol and other drugs can reduce your ability to drive a car, endangering yourself and the people around you. As a result, the state criminalizes DUI.
Broadly, state law defines a DUI as driving or controlling a moving vehicle while impaired. Georgia Code § 40-6-391 describes impairment as when a driver is under the influence of alcohol, any drug, or any combination of the two to the extent that it is less safe for the person to drive. For alcohol, a blood alcohol concentration (BAC) of 0.08 or more counts as a DUI. Any amount of marijuana or a controlled substance present in a driver’s blood or urine also makes for a DUI if it impairs the driver, regardless of the substance’s legality.
Special cases include underage alcohol DUIs and a DUI with a child in the car. Section 40-6-391(k) outlaws a driver under 21 driving with a BAC of 0.02 or more, and Section 40-6-391(l) states that a DUI with a child under age 14 in the car makes the driver guilty of child endangerment by driving under the influence—a separate crime with separate punishments.
An attorney in the Doraville area can further explain DUIs and how police prove them in court. The lawyer could try to show evidence of impairment was flawed or that a driver should not be held criminally liable.
Consequences of DUI Conviction
If you do get a conviction for DUI, serious punishments await and increase with multiple offenses in a 10-year period. Section 40-6-391(c) defines a first or second conviction as a misdemeanor, a third conviction as a high and aggravated misdemeanor, and a fourth or subsequent conviction as a felony.
The statute also defines the ranges of penalties that a judge must sentence for any conviction, which include a fine, jail time, a DUI Alcohol or Drug Risk Reduction Program, a clinical evaluation that can lead to a drug abuse treatment program, and 12 months of probation minus time served.
Some penalties increase for subsequent convictions in the 10-year period mentioned:
- First offense: fine of $300-1,000; jail for 10 days to 12 months (at least 24 hours in jail, even if rest is suspended or probated); at least 40 hours of community service (20 hours for drivers under 21 convicted of alcohol DUI)
- Second offense: fine of $600-1,000; jail for 90 days to 12 months (at least 72 hours actually in jail); at least 30 days of community service
- Third offense: fine of $1,000-5,000, jail for 120 days to 12 months (at least 15 days actually in jail); at least 30 days of community service
- Fourth and subsequent: fine of $1,000-5,000, jail for 1-5 years (at least 90 days actually in jail); at least 60 days of community service (0 days if jailed for more than three years); probation extends to five years
Beyond these penalties, DUI convictions can result in loss of your driver’s license and public shaming. Georgia Code § 40-5-75 suspends a driver’s license for a DUI conviction for at least 180 days, with longer suspensions for each subsequent offense. Section 40-6-391(i) mandates a notice of conviction for a second or subsequent conviction, which includes the person’s name, photo, area of residence (city, county, and zip code), and details of the arrest and conviction.
A lawyer in Doraville familiar with DUI cases could make sure you get proper sentencing and the judge follows the guidelines correctly. An attorney could also argue that you should receive minimal penalties based on your character and circumstances.
Reach Out to a DUI Attorney in Doraville Today
Driving under the influence of drugs or alcohol can be a mistake. That mistake can be quite costly in terms of money, prison, and loss of driving privileges.
A Doraville DUI lawyer could support you throughout the legal process. An attorney could fight on your behalf and help you avoid the worst consequences, so call today to learn more about your case from a legal professional as soon as possible.
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