DUI Lawyer in Atlanta
At The Law Offices of Howard J. Weintraub, P.C., we represent people in the Atlanta metro area and throughout Georgia who have been arrested on DUI charges. If this is the situation you are in right now, one of the biggest questions you have probably deals with wanting to know what you are in for.
The penalties for persons convicted in Georgia of a DUI vary depending upon the person's criminal history regarding the number of DUI convictions that the person has had within the previous five years (the look back period of time for the determination of the period of license suspension upon conviction) and within the previous ten years (the look back period of time for the determination of jail time, the fine amount, the length of community service, etc., to be issued by the judge upon conviction). These look back periods of time are measured from the date of the arrest of your last DUI conviction to the date of the arrest of your present DUI offense.
First Offense DUI:
If this will be your first DUI conviction, with no prior DUI convictions within the previous ten years, this is the punishment you will be facing.
How Much Jail Time Will You Be Looking To Get:
Georgia law requires that, if you had a blood alcohol concentration of 0.08 grams or more at the time of the offense, the judge must sentence you to 10 days in jail. All of this sentence can be waived or suspended by the judge except for 24 hours. What this means is that you must be sentenced to at least 24 hours in jail.
The maximum amount of jail time that can be imposed upon you by the judge is 12 months.
Georgia law provides that, if you had a blood alcohol concentration under 0.08 grams at the time of the offense, no minimum jail time of 24 hours is required. However, the maximum amount of jail time that can be imposed by the judge still is 12 months.
After You Finish Your Jail Time, How Much Probation Will You Be Looking To Get:
Georgia law provides that the judge must place you on probation for a period of 12 months, crediting any jail time that you have served.
How Much Of A Monetary Fine Will You Be Required To Pay:
Georgia law requires that the judge impose a fine of not less than $300.00 and not more than $1,000.00. In addition to the fine amount, you will be required to pay court surcharges and assessments.
How Much Community Service Will You Be Required To Perform:
Georgia law requires that all drivers who are 21 years old and over (irrespective of the level of their blood alcohol concentration) and those drivers who are under 21, with a blood alcohol concentration of 0.08 grams or more at the time of the offense, are to perform a minimum of 40 hours of community service. Georgia law provides that those drivers who are under 21 years old with a blood alcohol concentration of under 0.08 grams at the time of the offense are to perform a minimum of 20 hours of community service.
How Long Will Your Georgia Driver's License Be Suspended:
Georgia law requires that if you have a Georgia driver's license and you are convicted in Georgia of DUI, your license will be suspended for a period of 12 months commencing on the day you are convicted. The law also allows for certain offenders to be able to obtain a limited driving permit that allows the offender to go to and from his/her place of employment or to perform the normal duties of his/her occupation; allows the offender to receive scheduled medical care or to obtain prescription drugs; allows the offender to attend a college or school at which he/she is regularly enrolled as a student; allows the offender to attend meetings of support organizations such as Alcohol Anonymous; and allows the offender to attend (pursuant to court order) any driver education or improvement school or an alcohol or drug program or course approved by the court or the commissioner of motor vehicle safety.
This permit can be obtained on the day you are convicted of DUI by going to the Georgia Department of Driver Services and paying a fee of $25.00. The permit is nonrenewable and becomes invalid upon the expiration of 120 days following the conviction for DUI.
After this passage of 120 days, Georgia law allows for early reinstatement of your driver's license if you have completed an approved driving school risk reduction course (see below) and submit proof of this completion to the Georgia Department of Driver Services. The cost of reinstatement of your license is $200.00 if it is done through the mail and is $210.00 if it is done in person at the Georgia Department of Driver Services.
Note: If you are under 21 years old and your blood alcohol concentration at the time of the offense was less than 0.08 grams, your license will be suspended for 6 months and you are not eligible for a limited driving permit during the period of suspension. If you are under 21 years old and your blood alcohol concentration at the time of the offense was 0.08 grams or more, your license will be suspended for 12 months, and you are not eligible for a limited driving permit during the period of suspension.
You Will Have To Attend A DUI Alcohol Or Drug Use Risk Reduction Program ("DUI School"):
As part of your sentence, the judge will require you to attend a DUI Alcohol or Drug Use Risk Reduction Program approved by the Georgia Department of Human Resources (commonly referred to as "DUI School"). This course also is required by Georgia law to be completed before you will be able to renew your driving privileges in Georgia or before you will be able to ever again obtain a Georgia driver's license or a license from another state, should you choose to move out of Georgia.
The cost of the driving school is approximately $250.00. The availability of classes is convenient as most schools operate on a schedule of Saturday and Sunday classes of 7 hours each day and then on Monday and Tuesday evenings for 3 hours each session, for a total of 20 hours.
You Will Be Ordered To Undergo An Alcohol And/Or Drug Clinical Evaluation:
Georgia law requires that in addition to any and all other conditions of reinstatement of your Georgia driver's license, you are required to undergo a clinical evaluation to determine if you have any alcohol and/or drug dependencies. If the evaluation indicates that treatment is warranted, you will be required to complete the appropriate substance abuse treatment program.
If you have been arrested for a DUI, let us be your Atlanta DUI Lawyer.