Driving under the influence (DUI) charges typically arise when law enforcement stops a driver and conducts a breathalyzer or blood test that reveals an elevated blood alcohol level (BAC). The legal threshold for DUI charges is 0.08 BAC for general motorists and 0.04 for commercial drivers. Someone can also be charged with DUI even if the officers do not have a blood alcohol test. That is called a DUI “less safe” and occurs when a cop thinks someone is a less safe driver because of alcohol or drugs even without a blood test.
If a jury finds someone person guilty of this offense, that person may face severe Carrollton DUI penalties. If you or a loved one are facing charges, speak with a confident and intelligent DUI attorney about your legal options.
First and second-offense DUI charges are always misdemeanors so long as they do not result in physical harm. While the punishments for these charges are the least severe, they are certainly more than a slap on the wrist.
For a first-offense DUI, penalties may include fines ranging from $300 to $1000, up to a year behind bars, and many hours of community service. Depending on the circumstances, a person’s license may be suspended for up to one year, but many times a lawyer can help secure a driver permit and reinstatement of license prior to the expiration of that one year.
For a second-offense DUI, jailtime can also range up to a year but there is a mandatory 72-hour sentence. Fines could be anywhere from $600 to $1000. License suspension in these cases can increase up to a year-and-a-half, but a lot depends on how close in time to one another the DUIs are. If a person receives additional charges when the DUI charge was given, the time and fines they are looking at are likely to increase and there is also likely to be a number of fees and surcharges added.
All DUI charges also come with mandatory drug and alcohol evaluations that may lead to additional penalties or requirements. Legal advice from a Carrollton attorney can provide a person with a better idea of potential overall penalties they may face for a specific DUI charge.
A third-offense DUI within ten years is considered a high and aggravated misdemeanor. In these circumstances, a convicted individual may be looking at up to a year in jail with a mandatory 15-day sentence. Fines may range up to $5000, and a convicted person’s license may be suspended for five years.
In Georgia, a person receives the status of habitual offender when they receive a fourth DUI conviction within ten years. What this means is that an otherwise misdemeanor charge automatically becomes a felony. Anyone charged for DUI as a habitual offender may face:
These penalties can become even more severe if someone is accused of causing bodily injuries or fatal harm while driving under the influence. A Carrollton DUI penalty attorney can develop a strategy to possibly avoid a person having habitual offender status on their record or decrease the overall penalties someone faces upon conviction.
With the severity of Carrollton DUI penalties, it is clear that a conviction can have lasting consequences on a person’s life. When someone does make a mistake or is wrongly given a charge, a committed lawyer can stand by their side to advocate for fair treatment from the courts. Our goal is to help secure an agreement that allows you to right your wrongs and move forward.
Do not hesitate to call J. Ryan Brown Law. We accept phone calls and can schedule an appointment to meet and discuss your case in person.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
