Being arrested on account of a DUI is horrible. Your heart races. I have so many questions in my mind. Will I go to jail? Will I lose my license? How will this affect my job? What will my family think? The apprehension and anxiety may be staggering.
If you're facing a First DUI Offense in Georgia, you're not alone. This happens to thousands of Georgians each year. And though it is a serious situation, it is not the end of the world. The knowledge of what to do next can help you do the correct things to secure your present and future. We have helped myriad individuals at Downie Law, LLC. Here's what you need to know.
The Two Bottom Battles You Meet.
A little-known fact is that a DUI arrest forms two legal battles. The first is a criminal court case. The second is the administrative case with the Georgia Department of Driver Services on your license. Both are serious. Both have strict deadlines. Both require attention.
The result of your criminal case is whether or not you are found guilty of DUI and the punishment that you receive. Depending on your administrative case, you may or may not lose your driver's license. You need to fight both.
Immediate Action on Your License.
As an arrestee, you were probably given a piece of paper with the name of a DDS Form 1205 by the officer who took your driving license as a physical one. This paper is your temporary driving permit, but it is only temporary, only for 45 days after the date you were arrested.
This is the deadline that you need to know the most. The Georgia Department of Driver Services grants an administrative hearing to you only within 30 days of your arrest date. Should you request the hearing within those 30 days, your license will be valid until the hearing is held. Failure to meet the deadline will automatically suspend your license on the 46th day of your arrest. No exceptions.
This is the hearing where you have the opportunity to contest the suspension. This hearing can be immediately requested by an attorney who will save your driving privileges as your case progresses.
Penalties for a Criminal First DUI.
In Georgia, when convicted of a first DUI, there are some penalties that the law provides. These are the bare minimum requirements, and the judges may set higher requirements.
jail time: a first time carries at least 24 hours in jail. Most first-time offenders are placed on probation instead, although this 24 hours is a requirement in most counties.
Fines: You will pay between $300 and $1,000 in fines, not to mention court costs and fees, which may increase the amount of money you have to pay by several hundred dollars.
Community service: There is a minimum of 40 hours of community service required.
DUI School: You will need to attend a DUI Risk Reduction Program, also known as DUI School. It is a 20-hour course that addresses the impact of alcohol and drugs on driving.
Medical examination: You will require a substance abuse examination. The results can lead you to undergo treatment or counseling.
Probation: The majority of first-time offenders are given probation, which is usually 12 months with probation conditions such as not being able to consume alcohol and undergoing random tests.
The Impact on Your License
Failure to win your administrative hearing or a conviction in criminal court will result in suspension of your license. A first DUI with a blood alcohol reading of 0.08 percent or higher is a one-year suspension.
But you can have a restricted driving permit. This will give you the opportunity to commute to work, school, medical appointments, and other important engagements. To be eligible, you will be required to attend DUI School, pay a fee, and install an ignition interlock device in your car.
The ignition interlock device will not start the car until you blow into it. It also involves random tests when you are on the road. It is put up at your cost.
Other Consequences You Should Be Aware of.
In addition to the legal consequences, a DUI conviction has implications in other aspects of your life. Your automobile insurance premium will go up tremendously. Most insurance companies demand SR-22 insurance, which is costlier. The DUI conviction will be permanent in your criminal record. Georgia does not permit the expungement and sealing of DUI convictions.
Your employment might be in jeopardy if you commute to work. Although you may not be a professional driver, there are even employers that require you to disclose criminal convictions on your application. You will have to say yes or no.
Your Rights and Defenses
Although it is your first DUI, your rights and your defenses are not taken away. They must have a case that is proven beyond a reasonable doubt. They will have to demonstrate that the traffic stop was lawful, the field sobriety tests were conducted correctly, and the chemical test was correct.
The most common are objections to the cause of the traffic stop, to the accuracy of the breathalyzer, and to whether the officer did everything in accordance with the law. In some cases, the evidence may be suppressed, resulting in lesser charges or even dismissal.
Should You Just Plead Guilty?
It is often believed that it is the least difficult way out to make a plea and be done with it. This is virtually never a mistake. Pleading guilty entails accepting all the punishments, including the criminal record that remains permanent, without trying any other options.
The cases are sometimes downgraded to reckless driving or other minor offences. Evidence may be successfully challenged sometimes. In certain cases, first-time offenders may be put on diversion programs. Until you have an experienced attorney look over your case, you do not know what is possible.
Why You Need Legal Help
The first DUI is also serious, but it can be handled with the appropriate intervention. The system has time limits, processes, and woes that are not known by the majority. Late time may lead to loss of license. Never say something that is going to hurt your case. One can be the victim of a bad deal.
A skilled lawyer defends your rights, fulfills important deadlines, contests evidence, and bargains for the most favorable results. They are the ones who make you know what your options are so that you can make good decisions concerning your future
Moving Forward
The first DUI is one of the mistakes that should not be your life. Through proper legal assistance, a good number of individuals proceed with lesser penalties, less suspension of their license, and a clear way of forgetting this.
If you're facing a First DUI Offense in Georgia, don't face it alone. Call Downie Law, LLC now to have a confidential consultation. We will hear you out, give you options, and begin to construct your defense. You have something to fight over, and that is your future.
