Bryan County DUI Lawyer

If you are facing DUI charges, the outcome of your case can affect your criminal record, your driver’s license, your professional standing, and your freedom. Getting the right legal representation from the start is one of the most important steps you can take. Our law firm is here to help.

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.

Georgia law treats all of these situations seriously. Whether it is your first or second DUI or a repeat offense, the criminal charges you face can carry serious consequences that follow you long after your case is resolved. A Bryan County DUI lawyer can review the unique circumstances of your case and help you build a strong defense.

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 the offense for which the offender is being punished. 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.

Georgia law also recognizes a category called a high and aggravated misdemeanor, which applies to certain DUI cases. This aggravated misdemeanor classification can increase the potential penalties beyond what a standard misdemeanor DUI would carry. Understanding whether your DUI charge falls into this category is something your DUI defense attorney can help you figure out early in the legal process.

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.

A DUI conviction can also affect your driving privileges for years. The Georgia Department of Driver Services manages license suspensions and reinstatements, and the rules around getting your driver’s license back can be complicated. Missing deadlines or failing to meet requirements can extend the time you are without full driving privileges.

Military personnel face additional concerns. A DUI criminal offense can have serious effects on military law standing, including rank, security clearances, and continued service. If you are active duty or a veteran, it is worth discussing how a Bryan County DUI case might intersect with military law when you meet with your attorney.

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.

Every law enforcement agency has its own procedures for conducting a DUI arrest. When officers fail to follow those own procedures, it can create openings for your DUI defense attorney to challenge the evidence. An experienced DUI attorney knows what to look for and how to use those errors to your advantage as your case progresses through the court system.

Why Choose Our Law Firm for Your Bryan County DUI Case

Our law firm has deep local knowledge of how DUI cases are handled across Bryan County, Georgia. We are familiar with Bryan County State Court, local courts, municipal courts, and state court proceedings throughout the area. We also understand how local prosecutors approach DUI cases, which helps us build a more effective DUI defense for our clients.

Our founding attorney is a former prosecutor, which means he has sat on the other side of the courtroom. He has represented clients across Bryan County and in the Richmond Hill area and throughout GA Bryan County. As a GA DUI attorney and criminal defense attorney, he brings that firsthand knowledge of how the prosecuting attorney thinks and works to every case he handles.

Our practice areas include DUI cases, drug crimes, assault, sex crimes, traffic violations, and other criminal defense matters. No matter what type of criminal case you are dealing with, our firm gives it the same focused attention. We offer a free and confidential consultation so you can learn about your options without any pressure. Contact our Bryan County DUI law firm today.

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.

Q. What Happens at a DUI Arrest in Georgia?

A: When a DUI arrest happens in Georgia, the officer will typically conduct field sobriety tests and chemical tests before making an arrest. After the arrest, your driver’s license may be confiscated, and you will be taken to jail. You will then go through the legal process, which includes arraignment, hearings, and possibly a trial in court. Understanding what happens at each stage can help you and your criminal defense attorney make smart decisions as your case progresses.

Q. Can a DUI Be Reduced to a Lesser Criminal Charge in Georgia?

A: In some Bryan County DUI cases, it may be possible to have DUI charges reduced to a lesser criminal offense, such as reckless driving. This does not happen in every case, and it depends on the facts, the evidence, and how your DUI defense attorney approaches negotiations with the prosecuting attorney. Outcomes like this are more common when there are legal issues with the DUI arrest or the chemical tests used. Talking to a DUI lawyer early gives you the best chance at a favorable outcome.

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

If you have been charged with DUI, Jarrett Maillet, J.D., P.C., can help. Our law firm serves clients across Bryan County, Georgia, including Richmond Hill and surrounding communities. We understand the local courts, the Georgia Department of Driver Services process, and how DUI cases are handled in GA Bryan County. Whether you are facing a first DUI or repeat offenses, our firm is ready to fight for you. Contact us today for a free consultation and more information at 912-713-3426.