Driving Under The Influence
There is a limited amount of time to contest your suspended license and address the charges resulting from a DUI in Georgia.
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Attorney Karen J. Shelley, Esq.
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Driving Under The Influence
There is a limited amount of time to contest your suspended license and address the charges resulting from a DUI in Georgia. As soon as you are released from jail, you should contact an attorney to protect your license. If you refused a chemical test, are under 21 years of age, a second DUI in five years then If you or someone you know has been charged with a DUI, contact The Shelley Law Firm today to begin your defense.
Note
If you were arrested for driving under the influence (DUI) in Georgia, the police will immediately confiscate your driver's license and you will receive a DS-1205 form. Serving as a notification for the pending administrative license suspension (ALS) hearing as well as a temporary driving permit, you can receive this form for either refusing to comply with the breathalyzer test or for blowing over the legal limit (0.08% for drivers 21 and over; .02% for drivers under 21; .04% for drivers operating a commercial vehicle)
Civil / Administrative Court & Georgia’s Implied Consent
It is important to remember that a DUI arrest in Georgia comes with a 30-day time frame from the date of arrest to submit a hearing request to the Department of Driver Services OR apply for a ignition interlock device.
This is due to the Implied Consent Statute*. Civil or administrative procedures refer to motions involving your license to drive and have NOTHING to do with the criminal penalties that result from a DUI charge in criminal court.
We strongly suggest that you refuse. After all, a sample provides evidence to support the arresting officer’s suggestion that you have committed a crime. As a result, your refusal will trigger the 30-day window in which to contact the Department of Driver Services to save your license.
Back at the scene, when you refused, the officer will have typically taken your license and issued you a Form 1205, which is a temporary permit for your driving privileges.
This is when you MUST take action and contact the Department of Driver Services to save your actual license to drive. The best way to get this process started is to contact an experienced DUI attorney immediately and allow them to handle this complex process while you breathe a sigh of relief.
Sometimes it’s hard to remember whether you refused at the scene or not. The officer’s patrol car, the headlights, the flashlights, the sirens & the humiliation can all lead to confusion and uncertainty as to what actually happened during your arrest.
Therefore, we strongly suggest that you contact an experienced DUI attorney you can turn to for help in saving your license immediately after the process begins. It goes step by step and we will be with you every bit of the way.
Simply because you are a licensed driver, you must consent to a sample of your blood breath or urine & if you refuse to provide this sample, your license to drive can be suspended up to one year.
DUI Criminal Court – Penalties
The criminal court is where a Judge will determine if you are guilty of DUI, either by a plea of guilty, a jury trial, or a dismissal from the State’s attorneys. Because a DUI conviction in Georgia could result in losing your license, additional jail time, and hefty fines, it’s important to contact an experienced DUI attorney who can help you as quickly as possible.
A DUI conviction stays with you forever. It cannot be expunged or cleared from your record, unlike other misdemeanors. There is no “first offender” for DUI. This is because car insurance companies need to know who to insure and who not to insure. A DUI will affect how much you pay for car insurance and will limit your ability to obtain a Commercial Driver’s License.
At The Shelley Law Firm, an experienced Georgia DUI lawyer will review the evidence against you and use experience and specialized DUI training and expertise to:
- Negotiate to have your charges dropped or dismissed
- Negotiate to have your charges reduced
- Negotiate for a diversion program (when available)
- Negotiate for probation instead of jail or prison time
- When a trial is unavoidable; prepare by hiring our own experts to refute the State’s forensic evidence against you.
Penalties For DUI in Georgia
A DUI conviction in Georgia cannot be removed or expunged from your record. It stays with you for life. If you have more than one DUI on your record, the penalties become more severe – especially if you are within a five or ten-year time frame.
When the government calculates the timeframes from one DUI to the next, the law is based on the date of arrest, not the date of conviction.
DUI Sentence In Georgia
- 12 months of probation
- A minimum fine of $300 plus court costs and surcharge. Usually ends up from $1000,00 to $2000.00
- Between 1 - 10 days in jail, which many times can be waived
- At least 40 hours of community service
- Substance abuse counseling and recommendations - this costs $110 and can be done via Zoom with a certified counselor anywhere In Georgia.
- Attendance of the DUI Risk Reduction School (commonly referred to as DUI School) – costs $360 total.
- Attendance at a Victim Impact Panel
- Drivers License Suspension, with a 120 day limited permit to drive, full license reinstated after the 120 days with proof that of completion of the DUI Risk Reduction class.
We are available 24/7 for immediate assistance
If you or a loved one has been arrested or has been subjected to a law enforcement encounter please rely on an experienced criminal defence attorney, Karen Shelley immediately to shroud the situation with the legal knowledge required to protect your freedom, your driver’s license, your home or your children.
About
Experienced Trial Attorney Karen Shelley protects your freedom and your reputation with compassion and honesty.
Pratice Areas
- Battery & Assault
- Probation Violations
- Sex Crimes
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Text 470-231-8855 and we will make ourselves available for a FaceTime or Zoom call IMMEDIATELY.