If you are arrested and facing charges for driving under the influence (DUI), it is important that you quickly contact a Fort Oglethorpe DUI lawyer who could provide the aggressive legal representation needed in your case. A criminal DWI attorney with extensive experience in practicing criminal defense could work tirelessly to pursue a favorable outcome to your charges.
By employing effective defense strategies, a DUI attorney may be able to help you avoid penalties ranging from license suspension and probation to community service and incarceration. Set up your confidential case evaluation with an attorney and discuss what defense tactics may be possible in your case.
Georgia law establishes various DUI penalties based on the previous convictions the person has received within the past 10 years (if any). Enhanced penalties apply if the accused is found to be transporting a minor passenger, which could include an additional year in prison and a further fine of $1,000.
Besides the penalties named below, anyone convicted of a DUI in Fort Oglethorpe would be subject to 12 months’ probation (less any jail time served). Prior to probation, the individual would be required to serve a minimum of 24 hours’ jail time for the first conviction, 72 hours for the second, and an incarceration period of 15 days for the third.
Further, if convicted, a driver must undergo a clinical drug and alcohol review, and complete any required treatment. For a second DUI conviction, the individual would also be required to participate in an additional reduced risk program.
A first-time DUI conviction would be classified as a misdemeanor, and may lead to a period of incarceration ranging from 10 days to a full year, fines of $1,000, and at least 20 hours of community service. The length of community service may be extended to 40 hours if the individual’s BAC was 0.08. percent or higher.
A second conviction for a DUI within 10 years of the first could carry a prison sentence of up to one year, fines ranging from $600 to $1,000, and a minimum 30-day period of community service.
A third DUI in a 10-year period would be elevated to a misdemeanor of a high and aggravated nature, with penalties including 120 days to one year in prison, up to $5,000, and at least 30 days of community service.
Finally, if someone is charged and convicted for a fourth DUI within a 10-year period of time, they may face felony punishments, including up to five years in jail, fines ranging from $1,000 to $5,000, and no less than 60 days of community service.
Pursuant to the Georgia Code §40-6-391 drivers are prohibited from operating or controlling a vehicle while having a BAC or blood alcohol content of or exceeding 0.08 percent. The same prohibition applies to drivers with a 0.04 percent BAC or higher if they are behind the wheel of a commercial motor vehicle. Drivers under the age of 21 may not drive with a BAC of or exceeding 0.02 percent.
The law also bars drivers from getting behind the wheel with illegal drugs or marijuana in their system or while influenced by any drug, alcohol, or controlled substance. If the safe driving of a motorist is in any way impaired, they could be charged with a DUI.
A driver may be subjected to DUI per se charges (whether or not they are actually impaired) if they are found to have a 0.08 percent BAC or more. Any DUI charge necessitates swift defense action, which a Fort Oglethorpe DUI defense attorney could provide from the very start of the accused’s case.
A motorist could be subject to license suspension based on prior convictions in the previous five years. These driver’s license penalties are as follows:
If a driver is arrested for a DUI in Fort Oglethorpe, and has either refused to submit to testing or tested over the 0.08 percent BAC limit, they have only 30 days to inform the Georgia Department of Driver Services of intent to appeal a planned driver’s license suspension or suspension of the individual’s driving privileges.
A driver charged with a DUI in Fort Oglethorpe should immediately seek counsel from a skilled dui defense lawyer who could handle all aspects of their case and fight for the best possible outcome, including a shorter period of license suspension.
Unless someone has a DUI accident or was convicted of a DUI within the past five years, they could apply for a restricted or hardship license. A driver must enroll in accountability court or treatment.
The license would remain in effect for the duration of the suspension and be subject to travel restrictions and an ignition interlock mechanism. Motorists with a previous DUI conviction during the past five years could apply to receive a restricted license after four months of the suspension have passed.
The court could order Individuals who receive a second DUI conviction within five years of the first to surrender their license plates until the reinstatement of their license. In the case of a third or additional DUI, the person could permanently forfeit their right to their vehicle and the car would be sold.
It is critical not to delay in seeking a Fort Oglethorpe DWI lawyer to handle your case if you are charged with a DUI. An experienced DUI defense attorney would advise you on all components of mounting a solid defense and inform you of any available alternatives.
Call now to schedule your consultation with a drunk driving attorney.