Bryan County DUI Lawyer

DUI Legal Limits

There are legal limits in place for a person’s blood alcohol content (BAC) level. These legal limits for the following groups are as follows:

• Adults (21 and over): A BAC of 0.08 percent or higher.
• Commercial drivers: A BAC of 0.04 percent or higher.
• Underage drivers (under 21): A BAC of 0.02 percent or higher.

A person can also be charged with DUI if they are impaired by drugs, including prescription medications, over-the-counter drugs, and illegal substances/narcotics. Additionally, an individual can be charged with a Less Safe DUI, where their BAC is technically under the legal limit, but they have noticeable impairment while driving.

Open Container Law

In Georgia, drivers are forbidden from carrying open alcohol in a moving vehicle. Open alcohol cannot be within reach of a driver or any of the passengers. Open containers include bottles, cans, flasks, cups, or any other container that is open or has a broken seal.

Penalties for DUI

DUI penalties vary based on the severity of the offense, whether it is a first-time or repeat offense, and whether there are any aggravating circumstances, including causing an accident or having a high blood alcohol content. Generally speaking, penalties are broken down by which offense it is for the offender. A first offense will typically see the following penalties:

• 10-day to 12-month jail term.
• Penalties: $300 to $1,000.
• License suspension that may last up to a year, during which time a limited driving permit may be obtained.
• 20 hours or more of community service.
• DUI Alcohol or a drug use risk reduction program completion.

A second offense DUI (within 10 years) will typically see the following penalties:

• 90 days to 12 months of jail time.
• $1600 to $1,000 in fines.
• Three years of license suspension, followed by 120 days of limited driving permit eligibility.
• 30 days or more of community service.
• Clinical assessment and therapy for substance abuse.

A third offense DUI (within 10 years) will typically see the following penalties:

• 120 days to 12 months in jail.
• $1,000 to $5,000 in fines.
• Revocation of license for five years; after two years, a limited driving permit may be issued.
• 30 days or more of community service.
• Clinical assessment and therapy for substance abuse may be required.
• Possible car forfeiture.

After the fourth offense, a person is declared guilty of a felony and faces harsher punishments, such as longer jail terms, larger fines, and longer license suspensions.

Consequences Beyond Legal Penalties

A DUI conviction can bring penalties that go beyond just the legal scope. There are other penalties that a person may face as a result of the conviction. These include:

• Increases in your car insurance premiums/rates.
• Employment being placed in jeopardy, especially jobs that involve driving. A conviction can also hinder future job opportunities.
• The DUI may come up in background checks with housing applications, potentially affecting housing prospects.
• Some countries can deny entry to those who have convictions, thus restricting travel.

Defending Against a DUI Charge

With the help of an attorney, defending against a DUI charge requires an intense understanding of the law. An attorney can look at the facts of your case to build a strong defense that would be most appropriate in your situation. Generally speaking, there are a few methods a lawyer will consider when defending a DUI case. These methods include:

• Contesting the traffic stop by making the case that the officer lacked sufficient suspicion to start the stop.
• Interrogating field sobriety tests by calling attention to errors or inappropriate ways the tests were conducted.
• Contesting the BAC results by posing difficulties for the breathalyzer’s calibration and upkeep or the procedure for drawing blood samples.
• Providing evidence of improper police conduct by showing that the arrest was made without following the correct protocols by the officer.

FAQs

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

A: Jail time for a first DUI arrest is likely but often not long. If your blood alcohol content is 0.08 percent or more, the least time required is 24 hours; however, this may go up to as long as 12 months. Particularly in cases without aggravating circumstances, judges frequently impose the minimum sentence in addition to possible alternatives like community service and probation.

Q: Do You Lose Your License for the First DUI in Georgia?

A: Yes, you lose your license for a first DUI. The suspension period can last up to one year. However, you may be eligible for a limited driving permit, which allows you to drive to work, school, and other essential places. Completion of an alcohol and drug evaluation is usually required to regain driving privileges.

Q: Is There a New Law for DUI?

A: The state’s DUI regulations have not recently undergone any significant modifications. Nonetheless, in order to increase enforcement and handle emerging challenges, DUI laws are changed on a regular basis. It is imperative to be up to date on any changes to local legislation that may impact DUI laws and associated consequences. To obtain up-to-date information, consulting an attorney is recommended.

Q: What Is the Fine for a DUI Conviction?

A: In Georgia, a first DUI carries a fine of $300 to $1,000. You can also be liable for court fines, mandatory DUI education program fees, and other related expenditures in addition to the penalties. Second DUIs carry fines of $600 to $1,000, and third DUIs carry fines of $1,000 to $5,000. Subsequent offenses are subject to higher fines.

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

If you have been charged with DUI, Jarrett Maillet, J.D., P.C., can help. Contact us today for more information.