Criminal Defense, DUI, Family Law, and Personal Injury Attorneys practicing in Savannah and Richmond Hill and All Surrounding Counties.

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DUI - Driving Under the Influence

JAIL

FINES & PENALTIES

LICENSE SUSPENSION

IID** REQUIRED

Georgia takes drunken driving seriously and our laws reflect this in the potential punishments for conviction of DUI.  Many people think DUI cases are open and shut with no hope.  However, there are many successful defenses to the charge of DUI that the Tomlinson Law Group is trained in using on your behalf. We have the resources and skills to investigate every aspect of your case in order to present the best defense on your behalf.  We have successfully helped 1000’s of clients and can do the same for you.

 

In order to help our potential clients better educate themselves about some of the issues of DUI law, please review the following topics:

 

The Ten Day rule:

This rule pertains to an administrative action the police officer can initiate against your driver’s license.  You must request a hearing within ten business days of your arrest from the Georgia Department of Driver Services in order to avoid automatic suspension of your driver’s license. This rule can affect even those not licensed by the State of Georgia.

 

 

Field Sobriety Tests (FST):

SFSTs consist of three evaluations developed by the National Highway Traffic Safety Administration (NHTSA).  The three tests are:

 

•  Horizontal gaze nystagmus (HGN) – A nystagmus is an involuntary jerking of the eye that occurs naturally as the eyes move side to side.  Many people refer to this test as the     “pen” test because many officers with have the defendant follow the tip of their pen while moving it side to side in front of the face.

 

•  Walk & Turn – This is a divided attention dexterity test that is performed by having the person take nine steps, heel-to-toe, along a straight line, followed by a turn on the lead foot and nine steps back.

 

•  One-leg Stand – The one-leg stand test is conducted by having a person stand with one foot approximately six inches off the ground and count to thirty or until told to stop.

 

 

Punishments for DUI:

What are the penalties for a DUI in Georgia? JAIL • FINES & PENALTIES • LICENSE SUSPENSION • IID** REQUIRED

TJS practices Divorce Law, Bankruptcy Law, Family Law, DUI Law, Immigration Law, Criminal Law, Criminal Law, Personal Injury Law, Accident Law. We are your Richmond Hill , Savannah Attorney's.

TJS practices Divorce Law, Bankruptcy Law, Family Law, DUI Law, Immigration Law, Criminal Law, Criminal Law, Personal Injury Law, Accident Law. We are your Richmond Hill , Savannah Attorney's.

1ST OFFENSE

24 hours to 1 year

$300 to $1,000

Up to 1 year

No

2ND OFFENSE

3 days to 1 year

$600 to $1,000

3 years

Yes - if court allows

3RD OFFENSE

15 days to 1 year

$1,000 to $5,000

5 years

Yes

Look back Period:

10 years (Period of time that prior DUIs are relevant for sentencing. Prior to 2008, it had been five years.) **Ignition Interlock Device

 

 

How much do you have to drink (BAC*) for a DUI in Georgia?

Under 21 ----------- .02%

21 or Older -------- .08%

Commercial ------- .04%

**BAC = blood alcohol content

 

 

What if you refuse to take a chemical test in Georgia?

Georgia has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Georgia’s implied consent law.

 

REFUSAL

1ST OFFENSE

Suspension of

license for 1 year

2ND OFFENSE

Suspension of

license for 3 years

3RD OFFENSE

Suspension of

license for 5 years

Can You Get a DUI with Prescription Drugs:

Even if you are lawfully prescribed a medication, if a law enforcement officer believes that your driving is impaired, he may inquire of you whether you take medications.  He may even arrest you for being a DUI-less safe driver and then ask you to submit to a blood test.  If your blood work returns positives for medication, then the State will likely move forward with a DUI prosecution against you. The key issue is whether the medications you are taking or combinations of medications you are taking have made you less safe or unsafe to drive.  Being "less safe" or "unsafe" is a judgment call that police officers often get wrong.

 

If an officer testifies that he believes that you were impaired by your medication, the state is likely to prosecute you for DUI if the driving was extremely poor (reckless driving, failing to maintain lane, following too closely) and/or if there was accident.  Another factor is whether your blood level for that drug exceeded the therapeutic level (i.e. if you took more than your prescribed dose).

Can You Get a DUI with Prescription Drugs:

While Georgia law already imposes severe penalties for DUI convictions, anyone convicted of a DUI involving an accident may face additional criminal charges.

 

When a DUI case involves an accident, particularly if anyone is injured or killed, the consequences become substantially more severe than standard DUI penalties.  The types of FELONY charges that can be brought for a DUI involving an accident are:

 

Homicide by Vehicle – sentences range from 3-15 years in prison for each charge.

 

 Serious Injury by Vehicle – sentences range from 1-15 years in prison for each charge.

 

Feticide by Vehicle – sentences range from 3-15 years in prison.

 

Hit & Run – 1-5 years in prison.

Other "Side Effects" of a DUI Conviction

 Impact on international travel – travel to Canada, the middle east and parts of Europe can be prevented by a DUI conviction.

 

 Loss of college scholarship or grant.

 

Increased insurance rates.

 

Increased life insurance rates.

 

•  Loss of employment or military service.

 

•  Loss of a professional license or permit.