When you face charges of driving under the influence (DUI) in Georgia, you should know your legal options and how to handle the charges. Not only do you face license suspension, but you could also be subject to other penalties. A Lithia Springs DUI lawyer could advise you of your rights and help you navigate the criminal justice system.
With the assistance of a seasoned criminal defense attorney you may be able to avoid the serious consequences that can accompany a conviction for driving under the influence. When you are dealing with a DUI-related charges, speak with our office about how we could help you prepare a defense.
DUI Charges in Georgia
Not only is driving under the influence of drugs or alcohol reckless behavior that endangers others, but it is also a criminal offense. In this state, someone can be charged with a DUI when operating a vehicle or in physical control of one and has a blood alcohol content of .08% or greater (.04% or more if the driver is operating a commercial vehicle and .02% or more if the driver is under 21 years old).
The potential penalties associated with a DUI depend on a variety of factors, including whether this was the first offense and if someone was injured or died as a result. Drivers under 21 and commercial drivers may be subject to enhanced penalties for a DUI conviction.
Penalties for a First Offense
When someone is charged with a first-offense DUI, they will be subject to a misdemeanor conviction and:
- $300 to $1,000 in fines
- A 12-month license suspension
- A sentence of 10 days to 12 months in jail
- A minimum of 20 hours of community service
However, the actual sentence will reflect the charges’ nature and the judge’s discretion.
Second or Third DUI Offense
A person convicted of a second or third DUI within ten years will be charged with a misdemeanor and could face:
- $600 to $5,000 in fines
- 90 days to 12 months in jail
- A three-year or permanent license suspension
- A minimum of 30 hours of community service
Drivers who have their license permanently revoked can apply for a restricted license after three years have passed.
Underage or Commercial Driver DUI Penalties
A person under the age of 21 in this state caught operating a vehicle under the influence with a blood alcohol content of .02% could be subject to a $300-$1,000 fine, between 24 hours-12 months in jail, and at least 20 hours of community service. Penalties increase for subsequent offenses. Those arrested for a DUI while driving a commercial vehicle are at risk of losing their license permanently, impacting their livelihood.
Be sure to consult an attorney in Lithia Springs to discuss the potential penalties in your case if you were arrested for driving under the influence.
Defending Against DUI Charges
While the consequences of all DUI-related charges are serious, a skilled criminal defense attorney could represent those who are accused. A good defense strategy depends on the facts of a particular case, but a good plan could mitigate the consequences of the charges.
Some common defenses to DUI charges could include:
- No probable cause to arrest
- Errors with field sobriety tests
- Violation of constitutional rights
- Lack of reasonable suspicion to conduct an investigation
- Inaccurate breathalyzer used or the sample was improperly obtained or assessed
When you are charged with driving under the influence, you could be subject to fines, jail time, and license suspension. Speak with an experienced Lithia Springs lawyer to develop a defense strategy.
Contact a Lithia Springs DUI Lawyer
When you are facing charges for driving under the influence, you need aggressive legal representation. Our Lithia Springs DUI lawyers could fight on your behalf. Call us today to schedule an initial consultation.