Bloomingdale DUI Lawyer

Why Choose Jarrett Maillet, J.D., P.C.?

We are familiar with DUI law. Based on the arrest practices used by the law enforcement officer, we can identify problems with the prosecution of DUI cases. In order to avoid license suspension and mitigate the long-term repercussions of a DUI conviction, we can assist you in court and throughout administrative hearings.

At Jarrett Maillet J.D., P.C., we utilize our legal knowledge to aggressively take on your case. We can meet and discuss with prosecutors and contest evidence in order to get plea details and probation, reduced charges, and even cases getting dismissed.

Implied Consent Law

Georgia is governed by “implied consent.” According to implied consent, drivers who are detained on suspicion of driving under the influence must submit to chemical testing, which could be breath, blood, or urine tests. It is assumed that drivers have given their implicit agreement to be tested for drug and/or alcohol impairment before operating a vehicle.

When a driver is pulled over, law enforcement authorities typically read them the implied consent notice and warn them of the consequences if they refuse. A driver’s license will be automatically suspended for a year in addition to other severe and immediate penalties if they choose not to take the test. This suspension is separate from any repercussions that may follow a DUI conviction.

Determining DUI in the State

Georgia has strong DUI laws. For drivers under the age of 21, the legal blood alcohol content (BAC) level is 0.02 percent, and for commercial drivers, it is 0.04 percent. The limit for drivers who are 21 years of age or older is 0.08 percent. Penalties for breaking these restrictions can be severe and include fines, license suspensions, and even jail time.

The Open Container Law

The open container law, which forbids carrying an open alcohol container in a moving vehicle, is enforced. It is against the law to leave an open alcohol container within reach of the driver or any passengers in the vehicle. A bottle, can, or other container that is open, has a broken seal, or has had part of its contents removed and holds any amount of alcoholic beverage is referred to as an “open container.”

Penalties for DUI

In Georgia, the penalties for a DUI conviction depend largely on the circumstances of the case. However, generally speaking, penalties for DUIs are as follows:

• First DUI conviction. Penalties include up to one year in prison, fines from $300 to $1,000, a one-year license suspension, and 40 hours of community service. The reinstatement of the driver’s license costs $210.
• Second DUI conviction. Penalties include a mandatory minimum jail sentence of 48 hours and a maximum sentence of one year in jail, fines from $600 to $1,000, and a minimum of 30 days of community service. A person can also face a three-year license suspension.
• Third DUI conviction. Penalties include a minimum jail sentence of fifteen days, fines from $1,000-$5,000, a five-year license suspension, and a minimum of thirty days of community service.

DUI Less Safe in the State

Even if a driver’s blood alcohol content is less than 0.08 percent, they may still be charged with DUI Less Safe in Georgia. If a driver’s ability to drive safely is compromised by drugs or alcohol, they will be prosecuted for this infraction. Similar consequences apply to both a regular DUI and a DUI Less Safe, such as fines, jail time, license suspension, community service, and required alcohol education classes.

Felony DUI

DUI offenses can result in felony charges in some situations, such as having a history of several prior convictions, causing serious injury or death (vehicular homicide), or causing a large amount of property damage. Felonious DUI convictions carry severe consequences, including longer jail time, probation, participation and completion in drug and alcohol programs, community service, and heftier fines.

FAQs

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

A: Jail time for a first DUI arrest is usually minimal. If your blood alcohol content is 0.08 percent or above, you must serve a minimum of 24 hours in jail. Judges frequently lower this to the bare minimum required by law for a few days, particularly in the absence of aggravating circumstances. For first-time offenders, alternatives like probation, community service, or fines are typical and less likely to result in lengthy jail terms.

Q: What Is the Most Common Sentence for a First DUI?

A: The most common sentence for a first DUI is between 24 hours and a few days in jail, fines between $300 and $1,000, and a license suspension of up to a year, with the option to get a limited driving permit. In addition, offenders typically have to complete a DUI alcohol or risk reduction program and perform community service that must total at least 20 hours. It is also common for probation to last up to a year.

Q: How Do I Beat a DUI Charge?

A: Beating a DUI charge can be challenging, but it is not impossible. With the help of an attorney, you can defend against a DUI prosecution by arguing that the traffic stop was unlawful, casting doubt on the reliability of the field sobriety tests, or presenting evidence of inappropriate police behavior. It might sometimes be helpful to offer substitute diagnoses, such as illness or exhaustion, for the behavior or symptoms.

Q: Can You Get a DUI Charge Dismissed?

A: It is possible to get a DUI charge dismissed in Georgia with a strong defense. You may get your case dismissed by proving there was insufficient justification for the traffic stop, contesting the accuracy of the BAC test results, or proving your arrest infringed upon your rights as a citizen. Having competent legal representation is essential since insufficient evidence to establish impairment beyond a reasonable doubt may also result in dismissal.

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

If you or someone you know has been charged with DUI, there is a possibility for a hopeful future. Contact Jarrett Maillet, J.D., P.C., today to get started.