Georgia DUI Arrest

THE BREAKDOWN   

Summary

Being arrested for a Georgia DUI is a serious crime. A Georgia DUI can be broken down into four main categories: types of DUI crimes, DUI criminal process, DUI consequences or penalties, and DUI criminal defense strategy.

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Georgia DUI Consequences

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Georgia DUI: First Time & Repeat Offenders

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Georgia DUI Criminal Process

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Georgia DUI Criminal Defense Strategy

Georgia DUI Consequences:
First Time & Repeat Offenders  

Driving under the influence in the State of Georgia is a serious crime that comes with serious consequences. Penalties faced for being arrested for a Georgia DUI varies for first time and repeat offenders. The penalties for being arrested for a Georgia DUI can be broken down into four sections: jail time and probation, fines and costs, community service and counseling, license penalties. 

1st DUI Offense

Jail Time and Probation

  • Up to 1 year in jail (if sentenced). Rather than being sentenced to jail for one year, that time will most likely be pushed to probation along with other fines and punishments. 
  • If BAC (blood alcohol concentration) is over a .08, 24 hours of jail time is required. In which some of that time will be served upon your arrest.

Fines and Costs  

  • Up to $1,000 fine 
  • Up to 1 year of probation (if not sentenced to jail: which is unlikely for a first time DUI offender.)
  • Must complete a 20 hour DUI course for “Risk Reduction Program”
  • 1 year of probation fees 
  • attorney fees (flat rate fees available)
  • court fees   

Community Service and Counseling

  • 40 total hours of community service
  • If deemed as needed by the court, professional counseling will also be required.  

License Penalties 

  • Drivers License suspended for up to 1 year 
  • Temporary and restricted drivers license may be issued

  • Must attend 20 Hour DUI school for the “Risk Reduction Program”. Find a DDS Georgia certified DUI school near you. 
  • After 120 days from DUI arrest date, you can submit an early reinstatement of your drivers license by submitting to DDS. The early reinstatement fee is $210 online or $200 if by requesting by mail.

  • Note: If your DUI was due to drugs alone or a combination of drugs and alcohol, your case will be treated more severe: as both 180 days of drivers license suspended is required and no temporary license will be issued during this time period. 

2nd DUI Offense

Jail Time and Probation

  • 2nd DUI is generally a misdemeanor.
  • 3 day to 12 months if convicted: part of that time could be spent on probation
  • If 2nd DUI occurs within a 10 year period, more aggressive sentencing will apply overall. 

Fines and Costs  

  • Up to $1,000 fine
  • probation fees
  • attorney fees
  • IID (ignition interlock device) and install fee 
  • court fees   

Community Service and Counseling

  • Minimum of 30 days of community service: 240 total hours
  • Must be professionally evaluated for drug and alcohol dependency. 
  • If clinical evaluator determines you need additional treatment, you will have to complete the number of counseling sessions recommended as part of your sentence.
  • If deemed by the court, professional counseling will also be required.  

License Penalties 
2nd DUI offenders within a 5 year period will lose their license.

  • If over 21 years of age, your license could be suspended up to 3 years. 
  • After 120 days of suspension, you might be eligible for an IID (Ignition Interlock Device) limited driving permit (which specifies where you are allowed to drive: work, school, treatment, or probation. 

  • Must attend 20 Hour DUI school for the “Risk Reduction Program”. Find a DDS Georgia certified DUI school near you.
  • After 18 months days from 2nd DUI arrest date, you can submit an early reinstatement of your drivers license by submitting to DDS: assuming all requirements required by the court have been fulfilled. The early reinstatement fee is $210 online or $200 if by requesting by mail

3rd DUI Offense

Jail Time and Probation

  • 3rd DUI conviction within 5 years is considered a “high aggravated misdemeanor” and will be prosecuted as a felony crime.
  • 120 days to 12 months ( a minimum of 15 to 90 days could be served in jail): the remaining sentence will be served on probation.
  • 12 to 36 months probation (time depends on probation and other associated offenses or crimes committed)  

Fines and Costs  

  • up to $1,000 to $5,000 fine 
  • Must complete a 20 hour DUI course for “Risk Reduction Program”
  • probation fees 
  • Court fees
  • IID (ignition interlock device) and install fee
  • Attorney fees   

Community Service and Counseling

  • Minimum of 30 days of community service: 240 total hours
  • Must be professionally evaluated for drug and alcohol dependency. 
  • If clinical evaluator determines you need additional treatment, you will have to complete the number of counseling sessions recommended as part of your sentence.
  • If deemed required by the court, professional counseling will also be required.  

License Penalties 

3rd DUI offenders within a 5 year period will lose their license.

  • If over 21 years of age, the defendant is a habitual violator and your license will be revoked for 5 years.
  • Must surrender license plates of all motor vehicles that are registered.
  • After 2 years from 3rd DUI arrest, the defendant can submit an early reinstatement of drivers license by submitting to DDS: early reinstatement fee is $210 online or $200 if by requesting by mail
  • Must attend 20 Hour DUI school for the “Risk Reduction Program”. Find a DDS Georgia certified DUI school near you.
  • If granted a restricted drivers license,  an IID (Ignition Interlock Device) limited driving permit (which specifies where you are allowed to drive: work, school, treatment, or probation. 

4th DUI Offense

Jail Time and Probation

  • 4th DUI conviction is a felony offense. 
  • Status of being convicted felon for the rest of defendant’s life. 
  • Possibility of 5 years in prison less time served on probation
  • Mandatory minimum incarceration of at least 90 days to 1 year.

Fines and Costs  

  • $1,000 to $5,000 fine plus statutory charges 
  • Mandatory alcohol and drug treatment program fee
  • probation fees
  • attorney fees
  • court cost

    Community Service and Counseling

    • Minimum 60 days or 480 hours of community service: unless serving 3 years in prison.
    • 17 weeks of alcohol and drug counseling
    • Mandatory and court supervised treatment DUI court program
    • If deemed as needed by the court, professional counseling will also be required.  

    License Penalties 

    • 4th DUI offenders lose their license indefinitely 
    • Must surrender license plates of all motor vehicles that are registered.

    Georgia DUI Criminal Process

    While every DUI case is treated different, below is the general DUI criminal process in the state of Georgia.

    1. The Arrest
    You or a loved one has been arrested for a Georgia DUI in the metro Atlanta area.

    2. Bonding Out
    You or a loved one bonds out of Jail. 

    3. Hire DUI Lawyer Brent Sherota
    Call Brent, That’s It! (Brent will lead your defense in steps 3 thru 11 of the Georgia DUI criminal process) against career motived prosecutors.

    4. The 30 Letter / Georgia ALS Hearings
    Upon your arrest, your Georgia drivers license will suspended for up to 1 year. Defense has 30 days after arrest to appeal suspension with written letter.

    5. Discovery Motions: filed and reviewed
    Discovery motion is the process of receiving knowledge of the evidence for or against a defendant.

    6. Motion Hearing
    Motion hearing is when a request is made to the judge(s) to make a decision on what evidence can and cannot be used against your DUI case.

    7. Pre-Trial
    This phase of the criminal process happens after the preliminary hearing and before a case goes to trial. The pre-trail phase will determine what evidence will be used against your DUI case and what will be suppressed.

    8. Plea Negotiations or Bargaining
    To avoid a costly trial, prosecution and defense will attempt a negotiation or plea bargain a deal to settle the penalties charged to your DUI case.

    9. Trial by Judge or Jury
    If no plea negotiations can be settled upon between the prosecution and defense, your case has the right to be heard by a trail judge or jury.

    10. Georgia DUI Penalties
    Depending on DUI arrest circumstances or repeat offender status, the penalties can differ: see Georgia DUI penalties in section above.

    11. Appeal
    If your case goes to trail and the verdict goes against any legal reasonable end result, you have the right to appeal Georgia DUI case.

    Georgia DUI Criminal Defense Strategy   

    Hire Brent, Thats It
    Brent Sherota is a DUI criminal defense attorney that serves the metro Atlanta, GA area. There are many reasons why hiring Brent Sherota is an effective DUI criminal defense strategy.  

    • Aggressive Defense
    • Experienced 10 years
    • Affordable flat rate fees
    • Client motivated and results driven
    • Localized 25 years in the Atlanta, GA metro area
    • Modernized with technology

     

    “Brent’s attention to detail helped me get my DUI case dropped.”

    J. Kelly

    “Mr. Sherota defended my case but he also walked we through the entire DUI process and helped me get back on feet.”

    S. Garrison

    “After making a bad choice, hiring Brent was a decision I don’t regret. He helped me and family get through a tough time.”

    M. Davidson

    Schedule Free Georgia Criminal Defense Free Consultation.

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