If you have been arrested for driving under the influence (DUI) in Georgia, it is important to have an experienced defense lawyer on your side. The consequences of a conviction include steep fines, loss of your driver's license and possible probation or time in jail.
At Fortson, Bentley and Griffin, P.A., we know how to defend against DUI charges. We can help you with all aspects of your defense, including the administrative proceedings to keep your driver's license from being suspended or revoked.
Contact us online or by telephone at 877-355-0830 to speak with one of our experienced Athens DUI defense lawyers.
Georgia Drunk Driving Penalties
Police are quick to make drunk driving arrests, and prosecutors push hard for convictions. For the accused, it is important to have a strong defense lawyer who knows how to challenge DUI evidence and get charges dismissed or reduced.
Penalties for DUI convictions include:
| Fine | Jail Time | Community Service | |
| First offense in Five Years | Minimum $300 Maximum $1000 Plus surcharges and assessments | Minimum of 24 hours of jail. The maximum amount of jail time is 12 months. | Minimum of 40 hours |
| Second offense in Five Years | Minimum $600 Maximum $1000 Plus surcharges and assessments | Minimum of 72 hours of jail. The maximum amount of jail time is 12 months. | Minimum of 240 hours |
| Third Offense in Five Years | Minimum $1000 Maximum $5000 Plus surcharges and assessments | Minimum of 15 days of jail. The maximum amount of jail time is 12 months. | Minimum of 240 hours |
Criminal License Suspension
1st Offense in Five Years
Everyone under 21 convicted of DUI loses their driver's license. There are NO exceptions and there is no provision whatsoever for a restricted license for a driver under 21. The suspension is six months if the Blood Alcohol Content result was less than .08, twelve months if the result was over .08. The license suspension is 120 days for a driver over 21 and there is a procedure to obtain a restricted permit to drive to work or school during that 120 day suspension as well.
2nd Offense in Five Years
If you plead guilty to a second DUI offense within five years, your license will be (at least theoretically) suspended for a period of three years. After twelve months without driving privileges of any sort, you may obtain an ignition interlock permit if you have completed DUI School and a clinical evaluation. There is no limited permit or other authorization for any driving whatsoever during the first year. It may be possible for you to reinstate your license after eighteen months, provided you have not only completed DUI School but an alcohol and drug evaluation.
3rd Offense in Five Years
For a third DUI offense within five years, the law mandates that your license be revoked for five years. You may be able to get a probationary license (with an ignition interlock requirement) after two years.
Administrative License Suspension
Under Georgia Law, if you are charged with a DUI, the arresting officer will likely issue you what is called a "1205 form". If you don't act within 10 BUSINESS DAYS of your DUI charge and file an appeal with the Department of Driver's Services, you driver's license can be suspended for up to a year. This process is known as an "Administrative License Suspension" and is a separate license suspension from the license suspension associated with the criminal charge of DUI. Having an attorney to help you with this process is vital to you maintaining your license.
We can help you defend against the criminal DUI charges as well as represent you in the administrative driver's license proceedings. We will use our skill and experience in criminal law to help you fight DUI charges and avoid the consequences of a criminal conviction.
DUI Defense Strategies
In handling DUI defense cases, we consider questions such as:
- Did the arresting officer have reasonable articulable suspicion to make the stop?
- Was the Intoxilyzer 5000 in proper working condition?
- Were the field sobriety tests properly administered?
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Were your constitutional rights violated at any time during the arrest?
Contact Our Drunk Driving Charge Lawyer Serving Athens-Clarke County and All of Northeast Georgia
If you are seeking experienced legal representation for a DUI defense case, please contact us online or by telephone at 877-355-0830 to speak with one of our experienced Athens DUI defense attorneys. We are available to meet with clients in jail if necessary.
