What Happens To First Time Offenders in Georgia?

There are two classifications for a DUI charge in the state of Georgia. A DUI offender can be classified as a less safe driver, based on demeanor, manner of arrest and arresting circumstances. You may also be classified as a per se DUI arrest depending on the BAC results of a breathalyzer or chemical test.

The Less Safe or impaired driver by alcohol or drugs and DUI by test result exhibiting unlawful Alcohol level both carry sentencing protocol and will cost a minimum of $300 to $1000 fine, a minimum of 24 hours jail time served from a 10 day penitentiary sentence, 12 months of DUI probation and a required 40 hours of community service rendered. Upon conviction, a defendant will lose their drivers license for the duration of twelve months with an early reinstatement after completing a DUI school program and payment of a $200 fee after 120 days but with a limited work permit if approved by Georgia. The ALS or Administrative License Suspension for first time DUI’s require a request for an administrative hearing from the defendant, 10 days upon the arrest.

The state of Georgia allows law enforcement to make an arrest under a DUI suspicion without a BAC test. IF you appear as a less safe driver you will be charged with a DUI even if your BAC results are less than the court ordered prerequisite which is .08%. Jail Sentencing is a standard of 10 days to one year, with all except for the mandatory 24 hours eligible for sentence suspension. For “less safe” offenders, the 24 hour jail time may be waved upon court discretion, upon pleading guilty where you will be placed on a twelve month probation instead.

Georgia law dictates a mandatory 40 hours of community service for adults, while minors are required at least 20 hours of community service if convicted. The judge determines the community service hours. There is an automatic suspension for a license if the offender fails to request for an administrative hearing within 10 days upon arrest. All license suspensions can be revoked after completing 120 days of the suspension period and completion of an alcohol and drug risk reduction school plus a payment of fees amounting to $200.

Under 21
BAC levels for convicted offenders under the age of 21 are .02% and above. There is no incarceration but a license revocation of 6 to 12 months with no limited driving permit is mandated by court ruling. The minor will also need to complete a minimum of 20 hours of community service.

Get DUI Help: Repeat Offenses for DUI Arrests

Georgia laws that were ratified on July 1, 2008, DUI has imposed harsher punishment for routine DUI offenders. Whereas Georgia DUI laws have constantly placed elevated DUI penalties on persons convicted for recurring DUI offenses, this latest DUI decree places larger importance on punishment and alteration for those who carry on to get convicted for drunk driving. The General Assembly approved legislation raising the penalty for driving under the influence in the state of Georgia. The latest regulation aims at sternly disciplining repeat drunk driving lawbreakers. First time offenders are also affected by the new regulation. Aside from being court-ordered to complete driving competency program, paying fines and completing community service, convicted offenders with drinking and driving in Georgia must pass an evaluation for alcohol exploitation and be present at a treatment program.

Since the State of Georgia practices a looking window policy, previous arrests and conviction of DUI related charges from your parent or Georgia neighboring states are taken into consideration when measuring the degree and kind of DUI charge filed on your account.

In Georgia, the interlude of instance in which a judge can evaluate an offender’s documentation (the “look-back” period) is five to ten years. With the DUI statute in place, all arrests made after July 1, 2008 will be subject to a look-back period of ten years compared to the previous five year look back window. Fundamentally, this means that it is a challenge to be tagged as a first-offender if you have a previous DUI charge. In addition, a fourth DUI arrest will result in felony charges and felony and will be tried as such.

Hire an experienced Georgia DUI Attorney Today!

The most important aspect of your defense is hiring a law firm that has a deep understanding of the DWI laws that govern conviction, plea bargaining, appeal and sentencing for Georgia. For experienced Georgia DUI lawyers or drunken driving defense attorneys, go to the right Georgia DWI attorney that has a profound understanding of DWI laws in Georgia and gain a reliable drunk driving defense. The first consultation is completely confidential and will be free of charge.