Penalties for a first offense DUI in Georgia - GA

Penalties for a first offense DUI Drunk Driving in Georgia
Fine: $300-$1,000 (plus statutory surcharges, fees and assessments which can add 20% to 25% to the fine amount).
Jail: 10 days to 12 months (all jail time but 24 hours of the sentence may be suspended, stayed, or probated). The only persons who may avoid the 24 hour mandatory jail sentence are first offenders who had a chemical test (blood, breath, or urine) of less than 0.08 grams %. The new law will be applied by each judge, and therefore, a person who refused testing may be eligible for (but not necessarily ENTITLED to) a "no jail time" sentence. All others who are convicted must go to jail. Drivers under age 21 convicted of a first offense under subsection "k" may be allowed to serve their sentence on weekends or during their non-working hours and they must be segregated from the general jail population. This separation from other prisoners applies to the first offense only.
Community Service: A minimum of 40 Hours of Community Service is MANDATED, but persons under 21 with a first offense under subsection "k" of the DUI code and who have a BAC level of less than 0.08 grams % must perform not less than 20 hours. The exact number of hours is set by the sentencing judge. Some courts prefer that community service hours be completed before a plea is taken.
Probation: 12 months, less any days of actual incarceration, if the defendant is sentenced to less than 12 months imprisonment.
Risk Reduction Program (DUI Driving School): Mandatory participation in a 20-hour program approved by the Department of Human Resources at an approximate program fee of $175 plus an assessment fee of $75. (The minimum class enrollment hours changed to 20 hours for all cases arising May 1, 1999 and after.)
License Suspension: For those 21 and over when arrested, a one-year suspension, but a "work permit" is available to first offender adults if the driver has a Georgia license. After 120 days and completion of the DUI driving school course, application for reinstatement by drivers 21 and older is possible. Therefore, 120 days after conviction, adult first-offenders may apply to the Department of Public Safety for possible early reinstatement of his or her license by submitting proof of completion of the Risk Reduction Program and paying a reinstatement fee in the amount of $200 (mail-in) or $210 (walk-in).

Augusta GA Evans Georgia Lawyer DUI, DWI, Drunk Driving, Driving Under the Influence, Driving While Intoxicated or Driving While Impaired

Augusta GA Evans Georgia Lawyer DUI, DWI, Drunk Driving, Driving Under the Influence, Driving While Intoxicated or Driving While Impaired: Georgia law permits prosecution of persons who are DUI-alcohol in several ways.

Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI or DWI. Contact a Georgia DUI LAWS lawyer near you for a free consultation.
TWO TYPES OF DUI-ALCOHOL: In a "traditional" DUI case, the State must prove that the driver was a less safe driver as a result of alcohol consumed. This type of case can be pursued even if no alcohol content test result exists from a blood, breath or urine test. A test result would not exist, for example, when a person had refused testing. Whenever a person has taken a blood, breath, or urine test, the State also will attempt to introduce evidence of the quantitative result. To "help" the prosecutor prove "less safe" driving, the legislature passed a law that permits a prosecutor to benefit from certain "legal" inferences about any alcohol "level" if proven in court. Under prior law (before July 1, 2001) a blood alcohol level of 0.08% or higher was the level of "inferred" impairment for all drivers. A change in the wording of the law appears to have eliminated that "inference," which gave the prosecutor an advantage at trial. Georgia law also sets forth other "inferences" in the law, including the fact that persons who have a blood alcohol level of .05 or under are inferred (presumed) to NOT be impaired by alcohol. However, the State can attempt to refute that inference ("presumption") of non-impairment by other proof (e.g., a collision, atrocious driving, disregard for the safety of others, slurred speech, etc.). If a person is 0.06 or 0.07, neither the driver nor the prosecutor is given the benefit of an "inference." In other words, "the BAC number" does not receive a legislated "inference" for EITHER side.
The second way that the State may attempt to prove some DUI cases [where there is a chemical sobriety test result (blood, breath or urine) over the applicable legal limit] is known by lawyers as the "per se" DUI-alcohol offense. It would be more accurate to call this driving with an unlawful blood alcohol level. To prove this type of DUI-alcohol, the State does not need to prove any "less safe" driving or any "drunken" condition. The offense is committed simply by having an unlawful blood alcohol level and "operating" an automobile. For persons charged under paragraph 5 of subsection "a" of the DUI law (the adult standard), the prohibited "level" is 0.08 grams % or more. Before July 1, 2001, the adult standard was 0.10 grams % or more. For persons charged under subsection "k" (for drivers under age 21 at the time of the arrest who take a blood or breath alcohol test), the "per se" limit is now only 0.02 grams % (as little as one drink). For persons charged under subsection "i" of the DUI code (for persons driving a commercial vehicle who take a blood or breath alcohol test), the "per se" level is 0.04 grams %. For all "per se" calculations, the State is allowed to use a test taken by police within three (3) hours of driving, when the alcohol in the person's system was consumed BEFORE the driving ended.
Hence, when there is a blood, breath or urine test result "in evidence", there are two separate ways that the State may seek to prove a DUI case: (1) by proving less safe driving ability, utilizing a test result, if available (and the inferences discussed above) or proceeding on other evidence in the case, such as driving conduct, field sobriety tests, smell of alcohol, etc., or (2) by proving that the person was driving with an unlawful blood alcohol level. This method of proving DUI-alcohol requires a blood, breath or urine test. In refusal cases, the State usually can only pursue and prove a "less safe" DUI-alcohol case since no chemical test result is available to prove the blood alcohol level.

DUI Driving Under the Influence - Consequences and Programs

DUI Driving Under the Influence - Consequences and Programs

During the 1980s, Georgia counties began testing pilot programs to help reduce drinking and driving. This program proved that intervention can save lives, so the programs were instituted statewide.
Now judges are required to order the completion of the state's Risk Reduction Program for all DUI offenders. The goal of this program is to help those snagged by a DUI conviction avoid letting alcohol or drugs have a continued adverse affect in their lives. A multiple DUI offender can also be ordered to complete a substance abuse treatment program as part of their court sentence.
Court-imposed Penalties
First offense: A person convicted of DUI for the first time will be charged with a misdemeanor and will be given the following punishment:
A fine of $300 to $1,000.
Imprisonment of 10 days to 12 months, which the judge may suspend, stay, or probate (unless your BAC registered 0.08 or more). Then, you'd have to serve a minimum of 24 hours in jail.
At least 40 hours of community service, unless your BAC registered under 0.08, in which case the judge may be lenient and order 20 to 40 hours.
Completion of the Risk Reduction Program. This program is ordered for all DUI convictions.
Probation period of up to 12 months, including time served.
One-year driver's license suspension.Second offense: A second DUI conviction within five years will also be a misdemeanor and will earn you the following:
A fine of $600 to $1,000.
Ninety days to 12 months in prison, with no less than 72 hours actually behind bars.
A minimum of 30 days of community service.
Completion of the Risk Reduction Program. This program is ordered for all DUI convictions.
A clinical evaluation to determine whether an alcohol or treatment program is necessary. If it is, then completion of that program will be ordered as part of the sentence.
Probation period of 12 months, including time served.
Three-year driver's license suspension.Third offense: A third DUI conviction raises the charge to a "high and aggravated" misdemeanor, with the following penalties:
Fine of $1,000 to $5,000.
Mandatory prison sentence of 120 days to 12 months, with no less than 15 days of actual incarceration time.
Minimum 30 days of community service.
Completion of the Risk Reduction Program. This program is ordered for all DUI convictions.
Clinical evaluation, and then completion of a subtance abuse treatment program.
Probation of 12 months, minus time served.
Five-year driver's license suspension.
Nolo ContendereA "nolo contendere" plea ("no contest"―basically that you are not contesting the charges, but you're not pleading guilty either) will not help you in Georgia. A nolo contendere plea is, as far as consequences go, the same as pleading guilty. You'll be convicted of DUI, which will go on your record and will count the same as a guilty plea.
Driver Education
You can take a state-approved DUI/Defensive Driver course once every five years to reduce the number of points accumulated on your license. This course may even help lower your insurance rates; check with your agent. This course will not, however, reduce your penalty should you be convicted of DUI.

Georgia uses the terms DUI (driving under the influence) Augusta Attorney

Georgia uses the terms DUI (driving under the influence) and DWI (driving while intoxicated) interchangeably, but the trend is shifting to exclusive use of DUI because that term encompasses drugs as well as alcohol. Either term means that the driver was operating a vehicle while impaired by some type of chemical.
Blood alcohol content (BAC), tested by a breath, urine, or blood sample, will determine the penalties to be charged for an alcohol-related DUI offense. In Georgia, a BAC of 0.08% or higher automatically counts as a DUI.
Note, however, that you can get a DUI with a BAC of lower than 0.08%. All the officer has to do is observe that your ability to drive is impaired, and on go the handcuffs.
Also, while alcohol and illegal drugs are clearly grounds for a DUI, legitimately prescribed or over-the counter medications can also get you in trouble. If they affect your ability to drive―and a lot of them do―you could be arrested.
Of course, it helps the state's case if the officer collects chemical evidence that your BAC was over 0.08%. To make it easier for the police to do this, Georgia (like most other states) has a law that punishes drivers who refuse to take a chemical test.
Called the Administrative License Suspension Law, it works like this: If you are pulled over and a police officer asks you to submit to a breath, blood, or urine test to determine your BAC, and if you refuse, your license may be suspended for one year.

Georgia Driving Points Per Violation

Points per Violation - If you are arrested for DUI in the Augusta GA area, call a drunk driving defense lawyer immediately.

Points are issued and accumulated in a variety of ways. Below is a sampling of common offenses and the number of points they can earn you:
Reckless driving: 4 points
Unlawfully passing a school bus: 6 points
Improper passing on a hill or curve: 4 points
Speeding (miles per hour over the speed limit):
15-19 MPH: 2 points
19-24 MPH: 3 points
24-34 MPH: 4 points
34 MPH or more: 6 points
Disobedience of any traffic-control device or traffic officer: 3 points
Possessing an open container of an alcoholic beverage while driving: 2 points
Failure to secure a load: 2 points
All other moving violations: 3 points
Child restraint (first offense): 1 point
Child restraint (second and subsequent offense): 2 points
Aggressive driving: 6 points (license suspension for drivers under 21)
HOV lane violation (fourth and subsequent offense): 1 point
How to Get Your License BackAfter the appointed time period has lapsed for your license suspension, you can request it to be reinstated different ways.
You can visit a customer service center that offers full reinstatements. Not all driver's license offices offer this service, so you may have to drive to a nearby county to have yours done. Check the list to find the closest facility.
You can also write a letter of request to have it reinstated. Send your full name, address, driver's license number, date of birth, and signature to the following address:
Georgia Department of Driver Services
P.O. Box 80447
Conyers, GA 30013

Augusta GA DWI DUI Lawyer Attorney Evans Georgia

Courtesy of http://www.georgiacriminaldefense.com/

DUI [driving under the influence or sometimes referred to as D.U.I. or DWI] is the crime most often committed in Georgia by citizens who are typically law-abiding, tax-paying, hard-working people. Most of our clients have no prior DUIs when they call us or e-mail us for help. The nightmare that our clients face by being arrested, cuffed, jailed, processed at jail, followed by having to post bond to be released and then retrieve their car from impound can be life-shattering for many.

Augusta Georgia Evans GA dui lawyer dwi attorney
Other related issues such as explaining to an employer why you were not at work and did not call in to advise of your absence, or dealing with the embarrassment of explaining to a neighbor or family members what has occurred can keep you awake at night. Assessing how a DUI might affect your job, your chances of being promoted, and whether or not (if convicted) you may be terminated or demoted are real-life catastrophes for most of our clients.
Driving under the influence of alcohol, drugs, impairing vapors or a possible combination of two or more of these impairing substances are commonly referred to by the acronym "DUI". Have no doubt that a DUI conviction is very serious . The level of importance of this crime can best be judged by the regularity by which reports of traffic fatalities connected with impaired driving make the 6:00 television news or the local newspapers. Ironically, numerous local weekly news tabloids in many Georgia municipalities will list the names of each and every DUI arrest made in that jurisdiction over the prior week, yet omit many criminal charges of a more serious nature, such as child molestation or spousal assault.
Annually, new DUI legislation is pushed by whatever political party is in power. The appearance of being opposed to DUI helps politicians get re-elected, and virtually every politician will jump aboard that bandwagon.
The well-known “non-profit” group, Mothers Against Drunk Driving (MADD) is the primary instigator of these legislative changes. The Governor’s Office of Highway Safety (GOHS) and the PAC (Prosecuting Attorneys Council) are also extremely active in pushing for new, more punitive laws each year. These three groups “tag-team” the Legislature each session and push, berate, beg and draft laws to try to get tougher laws enacted.
Our Georgia lawmakers have passed (or sought to pass) legislation increasing the penalties for a DUI conviction each year for the past 15 years. Some proposed changes that have not passed would make the consequences of a DUI conviction extremely harsh. For example, one recent proposal (that did not pass) would have made anyone convicted of DUI ineligible for public office in Georgia and would have also blocked such persons from voting again in Georgia! That would mean that neither President George W. Bush (one DUI conviction) nor Vice President Richard Cheney (two DUI convictions) would have been eligible to either vote or to run for the position of “dogcatcher” in Georgia, had it passed.
In this atmosphere of heightened concern for stopping drunk driving and accidents involving impaired drivers penalties can be very tough. If you face a second or third (or more) conviction for DUI, especially if within a five-year period of time, as measured from the dates of arrest for each DUI which either resulted in a plea of nolo contendere (“no contest”) to DUI or a DUI conviction to the date of the arrest of the present offense, you can be facing months in jail and total loss of driving privileges. Minimum mandatory penalties built into the law and the recently-invented “DUI Court Program” that is spreading across Georgia assure that penalties are extremely harsh, expensive and life-altering.
Criminal Penalties and Sanctions in Georgia DUI Cases
[ NOTE: Distinguishing the CRIMINAL action from the ADMINISTRATIVE license suspension proceedings. The following information deals with the CRIMINAL aspects of a DUI conviction. Over 95% of all people arrested for DUI in Georgia will also be served (by the arresting officer) with a copy of a yellow form, 8 ½ inches wide by 11 inches high, called a “DPS-1205” form. This is a proposed ADMINISTRATIVE suspension (not criminal) for either REFUSAL to be tested at the time of the DUI arrest OR for agreeing to be tested for alcohol concentration and rendering an alcohol content over the applicable legal limit for that “category” of drivers. In Georgia, the legal limit for drivers under age 21 is 0.02 grams percent, for drivers of commercial vehicles weighing 26,001 pounds or more, the limit is 0.04 grams percent, and all other drivers age 21 and over, the legal limit is 0.08 grams or more.
For persons who refuse, a potential 12-month “hard suspension” for the refusal to be tested can occur that can be instituted against your driving privileges even before the criminal case comes up in court. For the administrative “penalties”, this is the ONLY punishment or loss of entitlement that you can suffer if you lose the ADMINISTRATIVE hearing that determines whether you did or did not wrongfully refuse the state-administered test. In other words, no fines, jail or probation applies to the administrative side of your “DUI case”. Hence, any information regarding license suspension set forth below relates ONLY to the criminal charges. For more information on the Administrative License Suspension (ALS) consequences of either refusing or submitting to testing and producing a result at or over the appropriate legal limit, see this web site link.
Mandatory Jail Time and Probation.
Even 1 st DUI offenders convicted of the criminal charge of “driving under the influence” in Georgia typically face jail time in most DUI courts. Georgia law requires jail time if a person submitted to a breath, blood or urine test and the person's blood alcohol level when arrested was 0.08 grams percent or more. Many judges make it a practice to give a minimum of 24 hours in jail on all offenses. Almost always, your judge (if requested to do so by your attorney) will permit you to receive credit against your jail sentence for any time you spent in jail the night of your DUI arrest. Plus, a DUI carries mandatory probation equal to 12 months MINUS any days that you actually serve in jail. Unlike most other traffic offense crimes such as reckless driving or hit and run, the probation for a DUI conviction cannot be shortened to less than 12 months.
Fines, Surcharges and Other Penalties.
Fines for a first offense (or second offense) DUI-alcohol conviction can be as high as $1,000.00 plus statutory add-ons called “surcharges” that will add roughly 40% to 50% more to the fine amount. A third DUI conviction within 5 years can lead to the imposition of fines as high as $5000 plus surcharges.
If the offense is DUI-drugs, the surcharges will be even higher, and will be roughly DOUBLE the fine amount that the judge imposes. For a detailed chart of possible judicial penalties for various DUI offenses (e.g., fist in 5 years, second in 5 years, etc.) with full footnotes, please see Mr. Head’s copyrighted chart outlining all offenses and the minimum MANDATORY punishment.
A DUI conviction also requires that the person convicted (or who --- if permitted to do so by the judge --- pleads nolo contendere) perform not fewer than 40 hours of community service [for a first offense within a five year period]. For a person unfortunate enough to face conviction of a second or third DUI within the five-year “lookback” period, the MINIMUM number of community service hours will be 240. It can be even more in some courts.
All DUI Convictions Result in Suspension (or Revocation) of Georgia License or Privilege to Drive in Georgia.
Any Georgia DUI conviction --- even that of a first offender and even if he or she is allowed to enter a plea of “nolo contendere” ---results in a suspension of the person’s Georgia driver's license. A revocation (totally cancellation of license) can occur if the person gets three DUIs in 5 years. To get reinstated, the person MUST (1) attend and satisfactorily complete a “DUI school” class that (in Georgia) lasts 20 hours and (2) pay the required reinstatement fee of $200 if done through the mail and $210 if the person “walks in” to process the reinstatement at the DDS offices that handle such requests. Absent doing these things, the person convicted in Georgia --- both Georgia-licensed drivers and non-resident motorists who get convicted of DUI in Georgia --- can NEVER drive on Georgia’s highways again. NEVER!
Drivers licensed by another state who get arrested and convicted in Georgia for DUI will need to complete the same course --- or its “approved” equivalent course in another state ---to EVER be permitted to drive again in Georgia. Not all “DUI schools” in other states are accepted as being “equivalent” in the State of Georgia, so ask your experienced, knowledgeable DUI specialist for guidance on attending a qualified program. Often, by attending the approved course in the non-resident motorist’s home state (e.g., South Carolina), he or she can satisfy reinstatement requirements in BOTH that state and in Georgia.
Incidentally, any first offense conviction reported to DDS for a driver who is under age 21 at the time of conviction being received at DDS will result in a “hard suspension” (meaning, NO DRIVING PRIVILEGES AT ALL) for 12 full months if there is a test result in his or her case of 0.08 grams percent or higher, and for 6 full months of there is no test result of 0.08 grams percent or higher.
Obtaining a “Work Permit” (Limited Driver’s License) for Georgia-licensed Drivers.
For others age 21 or over who have a first DUI in 5 years, and are licensed by the state of Georgia, the conviction means that they will have a suspension for one year, but are immediately eligible for a “work permit” (limited driving permit) at a cost of $25 so long as the person provides the necessary documentation [either a “first offender” affidavit signed by the judge handling your case OR certified copies of all the uniform traffic citations and plea/sentencing sheet of the convictions] for turning in at a DDS office along with the required $25 fee. Such persons age 21 and over (when the DUI disposition reaches DDS) can also get an early reinstatement of their full license IF he or she completes the DUI school [called the “risk reduction school” by Georgia statutes] and pays the required statutory reinstatement fee. The first possible date by which this “full” license can be reinstated is 120 days after the conviction date. criminal lawyer, Augusta Georgia, Evans GA, attorney, lawyer, law, law firm, Richmond, Columbia, county, dui, driving under the influence, dwi, driving while intoxicated, police, arrest, alcohol, liqour, beer, whisky, drunk, driving, influence, intoxicated, impaired, breath test, crime, criminal, license, suspended, vehicular
A person licensed in another state who is convicted of DUI in Georgia cannot obtain a “work permit” (limited license) in Georgia at all. Unless the non-resident’s attorney can assist him or her to get a Georgia license, he or she will have to wait out the 120 days of “hard suspension” (no privileges at all) and then seek to get a Georgia license. This assumes that the person has complied with attending DUI school AND pays the $200 (by mail) or 210 (walk-in) reinstatement fee, AND that the person (at that point) has a valid license from his or her state that can be surrendered for purposes of getting licensed in Georgia.
Most Georgia judges add even more “punishment” to the list of minimum judicial penalties required by law. Many judges, for example, now mandate that each person in his or her court that gets a DUI conviction must be screened by a state-approved and licensed “alcohol and drug” counselor to assure that the person does not have a dependency on alcohol and/or drugs. If the person being screened does have issues that require treatment for dependency or addiction, then the judge who ordered such an assessment typically mandates that all recommended treatment be followed by the person convicted, with such follow-through being made one of the conditions of the person’s probation.
Another recently added “condition” of probation imposed by many Georgia judges, especially many in metro Atlanta, is the attendance and completion of the “MADD V.I.P. Program”. This is the “victim impact panel” meeting that lasts for two hours and involves family members of victims of drunken driving accidents to stand before the attendees and explain the devastation that has befallen them after the death or permanent disability caused by a DUI-accident. M.A.D.D. currently makes millions of dollars from these programs, which now generate a substantial portion of its more than $50 million annual revenues. To see how it is ranked among charities, go to this helpful web site.
Beyond the minimums called for by Georgia law, a judge can add other conditions of probation for any offender, including those convicted for a first lifetime DUI offender. Examples of possible additional conditions of probation that a judge may impose include (a) random alcohol or drug screens during the term of probation, at your expense, (b) installation of an interlock device on any vehicle that you drive, (c) attending a certain number of AA meetings, (d) payment of restitution for damages caused by you or your vehicle, (e) [usually for drivers under age 21] writing an essay about what you learned from this experience, including the DUI school, (f) anger management classes [usually when bad behavior toward the officer is shown], (g) [usually for drivers under age 21] completing the requirements for Boy Scout merit badges in traffic safety, law and citizenship in the community [Mangiapane v. State, 178 Ga.App. 836 (1986)], or (h) wearing a bright pink bracelet on your wrist that reads “DUI CONVICT”. [Ballenger v. State, 210 Ga.App. 627 (1993)].
The variability and range of penalties is limited only by conditions that an appellate court would find illegal or excessive. Minimum penalties for repeat offenders within five years are far greater and more painful, and these consequences can be reviewed in the copyrighted chart shown earlier. This is why hiring a very good and experienced attorney is essential in ALL cases where DUI is charged.
Beyond Court-imposed Penalties are the Non-Judicial Loss of Entitlements and Penalties.
Plus, after reviewing these possible “judicial” penalties the value of fighting these serious cases becomes readily apparent. Beyond the judicial penalties set forth above, there are dozens of additional problems and non-judicial sanctions that will follow a DUI conviction, which (in Georgia) CAN NEVER BE EXPUNGED from your criminal history. Georgia is one of many states that has no statutory procedure for removal of a criminal record, once it is entered against you.
Persons who have job-related travel commitments may be the hardest hit by these non-judicial consequences. Issues like car rental, travel to Canada and complying with company insurability rules all pose problems. Furthermore, any person convicted for DUI who is NOT a United States citizen or possesses permanent resident status in the United States may face deportation for certain offenses.