Pembroke DUI Lawyer

Why Choose Us?

At Jarrett Maillet J.D., P.C., we utilize our legal knowledge with determination to tackle your case head-on.

We can provide legal representation and challenge evidence in an effort to secure plea deals and reduce or dismiss charges. We understand DUI laws. Therefore, we can identify procedural errors during arrest and advocate for you in court. We can also assist with administrative hearings to prevent license suspension and work to minimize the long-term consequences of a DUI conviction.

DUI Laws in the State

In order to protect motorists, Georgia has severe DUI regulations. For drivers 21 and older, the legal blood alcohol content (BAC) level is 0.08 percent; for drivers under 21, it is 0.02 percent; and for commercial drivers, it is 0.04 percent. Serious consequences, such as fines, license suspensions, and even jail time, may follow violations of these restrictions. The open container law, which forbids carrying an open alcohol container in a moving vehicle, is also enforced.

• First DUI conviction. A first offense carries a maximum one-year jail sentence, fines between $300 and $1,000, a one-year license suspension, and 40 hours of community service that must be completed. There is a $210 charge to have the driver’s license reinstated.
• Second DUI conviction. There is a mandatory minimum jail penalty of 48 hours and a maximum punishment of one year in jail for second offenses. In addition to a three-year license suspension and a minimum of 30 days of community service, the fines range from $600 to $1,000.
• Third DUI conviction. A third conviction carries a minimum 15-day jail sentence, fines between $1,000 and $5,000, a five-year license suspension, and a minimum of 30 days of community service. In addition, the offender pays for their name, picture, and address to be published in a local newspaper.

DUI Less Safe

Even if a driver’s blood alcohol content is less than 0.08 percent, they may still face DUI Less Safe charges in the state. If a driver’s ability to drive safely is compromised by alcohol or drugs, they will be charged with this offense. The same penalties that apply to a DUI Less Safe also apply to a regular DUI: fines, jail time, license suspension, community service, and required alcohol education classes.

Felony DUI

DUI offenses can escalate to felony charges under specific circumstances, such as having multiple prior offenses, causing serious injury or death (vehicular homicide), or significant property damage. Felony DUI convictions carry severe consequences, including:

• Mandatory 90 days in prison.
• One to five years of imprisonment.
• Fines up to $5,000.
• Completion of an alcohol or drug education program.
• Clinical evaluation.
• 60 days of community service.
• Up to five years of probation.

The long-term impact of a felony DUI includes difficulties in finding employment or housing, loss of voting rights, and challenges in obtaining security clearances for military personnel.

DUI Drugs (DUID)

DUI charges extend to impairment by drugs, whether illegal substances, prescription medications, or over-the-counter drugs. Penalties for DUID are similar to those for alcohol-related DUIs and include:

• First and second offenses. Misdemeanors are punishable by up to one year in jail, fines of up to $1,000, community service, alcohol education classes, and license suspension.
• Third and subsequent offenses. Felonies are punishable by up to five years in prison, fines up to $5,000, community service, and mandatory alcohol education classes.

Refusal to take a required blood or breath test can lead to immediate license suspension under the state’s implied consent laws.

Sobriety Checkpoints

State law permits sobriety checkpoints, where law enforcement can stop vehicles to check for signs of intoxication. While these checkpoints may seem intrusive, they are deemed necessary for public safety. If detained at a sobriety checkpoint, it’s advisable to request legal counsel to navigate the situation effectively.

FAQs

Q: How Much Is a DUI Lawyer?

A: The cost of a DUI lawyer in Georgia varies depending on a number of factors. First, each lawyer charges their own fees. Some charge by the hour, and some charge a flat rate. Generally speaking, the cost of an attorney will be higher for more complex cases with more serious charges than the cost will be for simple ones.

Q: Should I Get a Lawyer for My First DUI?

A: While it is not required to get a lawyer for your first DUI, it is highly recommended that you do so. An attorney can help you navigate the legal system, explain the laws to you, advocate on your behalf, and fight for lesser penalties. They can also help you through administrative duties, such as license suspensions.

Q: What Is the Three-Hour Rule for DUI in Georgia?

A: The three-hour rule for DUI is the period of time after a driver is arrested for DUI that a chemical test (blood, breath, or urine) must be performed to ascertain the driver’s blood alcohol content. In particular, the test needs to be performed by the state three hours after the driver last used the car. By following this regulation, the BAC measurement is made as accurate as possible in relation to the driving time.

Q: How Likely Is Jail Time for a First DUI?

A: For a first DUI, jail time is a possibility, but it is not a guarantee. First-time offenders are frequently given shorter jail terms or alternative penalties like probation, community service, or DUI school. If a person is given jail time, the maximum sentence is one year. The seriousness of the offense, the BAC level, the presence of any injuries or property damage, and the judge’s discretion all affect the chance of jail time.

Contact Jarrett Maillet, J.D., P.C., Today

If you or a loved one is dealing with a DUI charge, contact Jarrett Maillet, J.D., P.C., today. We can help you in the legal process and defend your rights during this process.