If you are facing a DUI offense for the first time, there are a few pieces of information that you should know about the road ahead. Generally, the penalties for drunk driving vary depending on a person's criminal history and the number of previous DUIs they have.
If you are facing a DUI charge for the first time, you may be subject to the following:
- Serving a jail sentence
- Paying a monetary fine
- Performing community service
- Driver's license suspension
- Attending DUI school
- Undergoing clinical evaluation
Among the valuable legal services at Weintraub & Alper Legal, we represent people who have been arrested on drunk driving charges. Collectively, our skilled legal team has more than 55 years of experience. With a history of success handling thousands of DUI cases, our firm has a valuable skillset of knowledge and experience that may help you get your DUI charge dismissed, minimize your damages, and restore your driving privileges.
Arrested for your first DUI? Our Atlanta first offense DUI lawyers are here to help. Contact our firm today!
What Penalties Could I Face for a First DUI?
The penalties for a DUI offense in Georgia are harsh and unforgiving. The first consequence that Georgia places on individuals convicted of a DUI offense is a Risk Reduction Program. The judge has to order the completion of this program in order provide some sort of intervention that the state believes will prevent future offenses. If you are convicted of multiple DUI offenses, then you may also have to go through substance abuse treatment.
A first offense DUI is charged as a misdemeanor which is punishable by:
- A $300-$1,000 fine
- 10 days - 12 months in prison; the judge can suspend or confirm the imprisonment unless you had a BAC over .08% in which case you would need to spend at least 24 hours in jail.
- If your BAC was below .08% the judge can reduce the community service requirement to somewhere within 20-40 hours
- Completion of the state's Risk Reduction Program; this is mandatory, and the judge cannot eliminate or reduce this penalty
- Up to 12 months on probation
- A suspended driver's license for up to 1 year
If you build a strong case, the judge may be lenient with your fines, sentencing, probation, and community service. Oftentimes a judge can choose to dismiss your driver's license suspension or reduce the amount of time that you are on probation. The key to receiving a more favorable outcome after being convicted of a DUI is to seek competent legal representation from an Atlanta first offense DUI lawyer who has experience with cases just like yours.
Serving Time in a Jail Sentence
A first-time DUI conviction may result in a jail sentence from 24 hours to as much as 12 months. If your blood alcohol concentration (BAC) is shown to be above 0.08% at the time of the arrest, the law requires a minimum sentence of 24 hours. However, if your BAC is shown to be below 0.08%, a jail sentence is not required by law (though a judge may still issue one). In addition, you may face a probation period of up to 12 months. Contesting BAC tests is an effective way of fighting to reduce potential jail sentences and other punishments.
Paying Monetary Fines
Georgia law requires that individuals convicted of drunk driving pay a minimum fine of $300, to a maximum of $1,000. This amount is usually determined by a judge in court. In addition, you are also expected to pay fees associated with court procedures and other assessments. A DUI offense can amount to several thousand dollars—fighting these charges effectively with guidance from a first offense DUI attorney in Atlanta may significantly reduce the potential cost of the ordeal.
Required Community Service
Any driver over the age of 21, and drivers under the age of 21 who test for a BAC of 0.08% or more, are required to perform a minimum of 55 hours' community service. Drivers under the age of 21 who test for a BAC less than 0.08% are required to perform a minimum of 20 hours. This is another situation where contesting BAC evidence may protect you against a severe punishment.
Driver's License Suspension
If you are convicted of DUI, your license will be suspended for a period of 12 months. This could have serious consequences to your job and severely impact your financial stability. However, Georgia law allows for individuals to seek a limited driving permit in order to drive to and from a place of employment and other occupational duties.
Keep in mind that this driving permit comes with fees. When this permit expires (which is usually after 120 days), you may be able to petition for the restoration of your driving privileges. This includes attending driving school and paying a fee to reinstate your driver's license.
After an arrest, your license may be suspended by a court conviction or a DDS license suspension hearing. Ensure your rights are protected in both situations.
Attending DUI School & Clinical Evaluation
Sometimes known as "DUI school," a DUI Alcohol or Drug Use Risk Reduction Program is another required punishment for a drunk driving conviction. The course must be completed before you are able to renew your driving privileges and re-obtain a driver's license. The cost of attending these programs is approximately $250.
You are also required to undergo an alcohol/drug dependency evaluation. If this evaluation determines that treatment may be warranted, you will then be required to complete a substance abuse treatment program. Like other DUI offense punishments, this must be completed before you may fully regain your driving privileges.
DUI "Look-Back" Period
The look-back period determines the severity of some drunk driving punishments, such as license suspension. If a person has more than one DUI conviction within five years of each other, the license suspension period may be more severe. If a person has more than one DUI conviction within ten years of each other, determinations of jail time, monetary fines, community service, and other punishments may be more severe.
Don't feel overwhelmed by the situation you face—get dedicated legal counsel from our first offense DUI attorneys in Atlanta by contacting us today!
We Have the Desire to Fight
Howard J. Weintraub and Benjamin B. Alper have a 10.0 Superb Rating by Avvo
Howard J. Weintraub Has Received Commendations From the FBI, IRS, & U.S. Attorney General
Our Firm Has Over 55 Years of Combined Legal Experience
Howard J. Weintraub is an Experienced Former Federal Prosecutor