Arrested for DUI in Georgia? The clock is ticking on preparing your legal defense. The days after your arrest are the most critical for collecting evidence like witness statements and toxicology reports. It’s not too late to consult an attorney. For the best chance of dropping, dismissing, or reducing your DUI charges, contact the team at Fennell, Briasco & Associates™ for a FREE legal consultation. (770) 956-4030
Standing Up for Our Clients’ Rights
For the average client, a DUI arrest is a single out-of-context incident that doesn’t represent the client’s reputation or standing in the community. The vast majority of DUI clients are from regular families, who simply made a bad decision and are now wrapped up in the criminal justice system. Most DUI arrestees are facing their first charge for driving under the influence and do not have a serious criminal record.
Across our service area of Cobb County, Cherokee County, Fulton County, and other areas of North Metro Atlanta, we represent hundreds of clients just like you. We understand the emotional, financial, and social consequences of facing a DUI. Don’t handle it alone. Contact our team today to learn about your legal options.
What constitutes a DUI in Georgia?
The statute that defines the crime of driving under the influence (DUI) is O.C.G.A. § 40-6-391. Under this statute, the crime of driving under the influence occurs when a person drives, operates, or has physical control of a motor vehicle while under the influence of drugs or alcohol. The DUI statute doesn’t require that the defendant actually drive a car while under the influence—simply falling asleep behind the wheel of a running vehicle might be sufficient for a DUI conviction.
While DUI cases often involve alcohol, these charges can also be applied in cases that involve the alleged use of marijuana, controlled substances like cocaine, pharmaceutical prescriptions like opiates/painkillers and benzodiazepines, and other legal and illegal drugs.
What is the legal limit for drunk driving?
The blood alcohol concentration (BAC) of an arrestee is often an important part of a DUI case. In general, drivers must be under the legal limit before they can get behind the wheel of a motor vehicle. DUI convictions can be based on the following BAC levels:
- 0.08% for regular Class C drivers
- 0.04% for commercial drivers
- 0.02% for drivers under the age of 21
What penalties can I face for a DUI?
The penalties for a DUI conviction can be severe. There are potential consequences both inside and outside of the criminal justice system. First, as part of the criminal justice system, you can face jail time, license suspension or revocation, criminal fines, community service, probation, and/or alcohol counseling. Second, outside of the criminal justice system, you can face years’ worth of ongoing challenges, like having the DUI show up on background checks and paying higher insurance premiums.
Finally, there can be a strong social stigma associated with a DUI charge, even in cases where you feel that you did nothing wrong. To understand how a DUI can affect you now and in the future, consult one of the DUI attorneys at Fennell, Briasco & Associates™ to discuss your case.
First-Time vs. Repeat DUI Offenses
First DUI Offense
A first-time DUI offense is a misdemeanor crime that can be punished by
(i) jail time of a minimum of 24 hours and maximum of 12 months
(ii) a fine between $300 to $1,000
(iii) a minimum of 20 hours of community service
(iv) completion of a DUI Alcohol or Drug Use Risk Reduction Program
(v) a clinical evaluation, including substance abuse treatment
(vi) license suspension between 120 days to 12 months, and
(vii) up to 12 months of probation
Second DUI Offense
A second DUI offense within a 10-year period is a misdemeanor crime that can be punished by:
(i) jail time of a minimum of 72 hours and maximum of 12 months
(ii) a fine between $600 to $1,000
(iii) a minimum of 30 days of community service
(iv) completion of a DUI Alcohol or Drug Use Risk Reduction Program
(v) a clinical evaluation, including substance abuse treatment
(vi) license suspension between 120 days to 18 months
(vii) up to 12 months of probation
(viii) the installation of an ignition interlock device
Third DUI Offense
A third DUI offense within a 10-year period is a misdemeanor of high and aggravated nature that can be punished by:
(i) jail time of a minimum of 15 days and maximum of 12 months
(ii) a fine between $1,000 to $5,000
(iii) a minimum of 30 days of community service,
(iv) completion of a DUI Alcohol or Drug Use Risk Reduction Program
(v) a clinical evaluation, including substance abuse treatment
(vi) license revocation
(vii) up to 12 months of probation
Fourth DUI Offense
A fourth or subsequent DUI offense within a 10-year period is a felony that can be punished by:
(i) jail time of a minimum of 90 days and maximum of 5 years
(ii) a fine between $1,000 to $5,000
(iii) a minimum of 60 days of community service
(iv) completion of a DUI Alcohol or Drug Use Risk Reduction Program
(v) a clinical evaluation, including substance abuse treatment
(vii) up to 5 years of probation
How to Defend Against a DUI Charge in Georgia
For clients across the State of Georgia, it is possible to beat a DUI charge. In every criminal case, the defendant has the right to present evidence in their defense, assert constitutional and statutory rights, and seek procedural safeguards against unfair prosecution or law enforcement tactics.
Whether your DUI case is settled before trial or litigated in front of a jury, there are multiple legal avenues to drop, dismiss, or reduce DUI charges. Through the litigation phases of a DUI proceeding in Georgia, some potential legal challenges include:
- Unreliable field sobriety testing
- Inaccurate results from a breathalyzer device
- Constitutional violations concerning the stop and search of your vehicle by police, including lack of reasonable suspicion or probable cause
- Evidentiary challenges if police fail to read the suspect’s Miranda rights
- Medical conditions that could result in dizziness, blurred vision, slurred speech, unsteady gait, or perspiration
- Other legal considerations that support your side of the story
It is important to note that every DUI case is different. The applicability of certain legal arguments or strategies can vary between clients. To assess your litigation options after a DUI arrest, contact the attorneys at Fennell, Briasco & Associates™ for a FREE consultation.
I got arrested for DUI last night. What next?
We understand how stressful the days after a DUI arrest can be. You were probably placed in handcuffs, thrown in the back of a police car, and whisked to the local jail while your vehicle was searched or impounded. In a matter of hours, everything can seem to spiral out of control. The team at Fennell, Briasco & Associates™ is here to help. Share your DUI story with our criminal defense attorneys today. We take the time to listen to the facts of the case and work with you to get your life back to normal. When you choose Fennell, Briasco & Associates™, our team will get hard to work on building your case and collecting evidence in your defense. For one of Metro Atlanta’s most trusted DUI lawyers, call our team today.
Find a DUI Attorney in Georgia
A DUI charge or arrest shouldn’t define you. At Fennell, Briasco & Associates™, our team of criminal defense attorneys has helped hundreds of clients across the State of Georgia in fighting and beating DUI charges. We strive to deliver a high-powered, client-focused legal defense that prioritizes your financial security and emotional wellbeing. We proudly serve communities across North Metro Atlanta, including:
Bartow County
Cartersville
Emerson
Euharlee
White
Cherokee County
Woodstock
Canton
Holly Springs
Cobb County
Marietta
Acworth
Kennesaw
Smyrna
Dekalb County
Avondale Est
Decatur
Dunwoody
Stone Mountain
Forsyth County
Cumming
Fulton County
Atlanta
Alpharetta
Johns Creek
Roswell
Milton
Paulding County
Acworth
Dallas
Hiram
Braswell
Pickens County
Jasper
Marble Hill
Tate
Talking Rock
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