Atlanta Driving Under Influence Lawyers

1. First time? A minimum of 24 hours in jail, with a maximum sentence of up to 1 year.
2. Second time within 10 years? At least 72 hours in prison, with a maximum penalty of up to 1 year.
3. Third time within 10 years? A minimum of 15 days in jail, with a maximum sentence of up to 1 year.
4. Fourth time within 10 years? Felony DUI conviction, with a prison sentence of 1 to 5 years.

The court may also consider other factors in your sentencing, like…

• Were there minors in the vehicle?
• How high was your BAC?
• Was there an accident, and what happened as a result?
• Do you have a criminal history or a string of traffic violations?

DUIs are serious. Hiring a DUI lawyer in Atlanta might help you reduce the severity and extent of your consequences.

Earning a DUI charge while on probation in Atlanta, Georgia, can have serious legal and practical consequences, including:

1. You might be charged with violation of probation, depending on the terms you agreed to. Usually probation includes abstaining from alcohol and drug use, so “just this once” might be all it takes to create more trouble.
2. You might find your probation revoked. That means you could be going to jail.
3. You might find yourself with harsher penalties, like higher fines, more jail time, continued license loss, and longer DUI education programs. A word on DUI education programs: some require both classroom time and counseling. That means paying for both, taking the time to do both, and participating fully in both. One of our clients found herself in a DUI class for repeat offenders and was required to pay for and attend 26 weeks of counseling, plus go to weekly 12-step meetings. Is there an upside to these consequences? Yes, some people struggle with addiction, and facing consequences like this can give them the opportunity to get the help they need. Addiction shouldn’t be something we shame, but something we recognize as an outdated strategy for dealing with pain. It’s never too late to get the help you need, and there is hope on the other side.
4. You might have a hard time passing background checks. That means it might be harder to get a job or secure housing.

Whatever your situation may be, think about what you’re doing before you do it – play the tape through. Sometimes the juice isn’t worth the squeeze.

You can, and you might want to. If you do refuse a DUI test, here’s what happens…

1. You’re violating Georgia’s implied consent law. That means you consented to chemical testing when you obtained your driver’s license.
2. Your license is going to be suspended, whether or not you’re convicted of DUI. Expect a one-year suspension for your first refusal; 3 years for your second refusal; and 5 years for a third or more refusal within 5 years.   
3. The evidence against you will not include test results. But the State is lawyered up, and opposing counsel might argue that your refusal of consent means you knew you were intoxicated. Do yourself a favor and get an attorney to help you out.
4. The State may attempt to deliver more severe penalties based on the circumstances of the case, so your best bet is to hire your own representation to maintain as many of your rights and privileges as possible.

Employers, landlords, and schools often conduct criminal background checks as part of their screening process. Your DUI arrest and any case disposition is likely to show up on these checks.

Your driving record will reflect DUI charges and case results.

Professional licenses, like nursing, massage therapy, real estate, teaching, and others require background checks as part of their initial and/or renewal process.

Any background check that requires fingerprints will also reveal a DUI arrest and conviction. These checks are often more comprehensive than checking your name in a database.

Green Card Status  (Lawful Permanent Resident)

A DUI conviction might be a challenge for a green card holder. You might face hurdles when applying for U.S. citizenship or attempting to re-enter the country after international travel. Typically, the first offense is not considered deportable, but multiple DUI convictions or those with “aggravating factors,” like property damage, bodily injuries, or child endangerment could impact your eligibility for naturalization.

H-1B Visa (Temporary Work Visa for Specialty Occupations)

Here’s another case where asking, “What could happen?” will bring the answer, “It depends.” Your visa may or may not be immediately revoked. If it’s not, you may face difficulties when renewing the visa or applying for a green card. Simply put, you might want to think thrice before drinking/ingesting mind-altering substances and driving.

Deportation

It’s possible that an aggravated DUI, charges that involve drug possession, and/or multiple convictions could put you at risk for deportation.

If you find yourself in Atlanta, Georgia, and catch a DUI charge, you’ll have better chances of saving your green card status or work visa with representation to fight for you.

A driver’s license is a privilege, not a right, and the State takes DUI convictions seriously to keep the streets of Atlanta safe. This is the short list of acts that will cause the suspension or revocation of your privilege to drive.

1. DUI conviction.The length of suspension depends on the number of prior offenses and your case’s specific circumstances. 
2. Refusal of a chemical test:  Earlier you may have read about Gerogia’s implied consent law: along with your license came your implied consent to testing. Well, refusing to participate (not submitting to a breath, blood, or urine test) results in an automatic liceanse suspension, whether or not you’re convicted of DUI.
3. Underage DUI: Under 21? You’re at risk for suspension or revocation of your driver’s license.
4. High BAC level: Was your BAC (blood alcohol concentration) “exceptionally” high? Penalties might be more severe for you. Keep in mind that the legal limit is 0.08%, so you’re better off calling a ride share if you’ve had more than one drink.

Wanna get that license back? You’re going to have to jump through some hoops: 

1. Complete the license suspension or revocation period as determined by the court or the Georgia Department of Driver Services (DDS).
2. Fulfill any court-ordered requirements, such as completing a DUI education program, substance abuse treatment, or community service.
3. Obtain SR-22 insurance, a high-risk auto insurance policy proving you have the state-required minimum insurance coverage, which is likely to increase the cost of your insurance significantly.
4. Pay any outstanding fines, fees, or court costs associated with the DUI conviction.
5. Pay the license reinstatement fee to the Georgia DDS.
6. Pass any required tests, such as a written knowledge exam, vision test, or road skills test, if applicable.

You may need to fulfill some or all of these, depending on the circumstances of your case. To find out what this might look like for you, call us for a free consultation.

It depends. You might be able to obtain a limited driving permit (LDP) or be required to participate in the ignition interlock device (IID) program. The options available to you depend on your driving history and the circumstances of your case.

Limited Driving Permit (LDP)

In Georgia, if you’re a first-time DUI offender, you may be eligible for an LDP, which allows you to drive to work, school, medical appointments, and DUI education programs during your license suspension period. You must meet specific eligibility criteria and apply through the Georgia DDS to obtain an LDP.

Ignition Interlock Device (IID) Program

You might be required to install an IID in your vehicle to continue driving. The IID intermittently signals drivers to provide breath samples and prevents the car from starting if alcohol is detected on your breath. Whether or not you’ll be eligible to participate depends on your specific circumstances.

You’re likely to face both long-term and shorter-term consequences after a DUI conviction in Atlanta, which could include. 

1. Your employment opportunities might be limited: A DUI goes on your criminal record and will show up on most background checks. Some employers have strict hiring guidelines, especially when there’s a professional license or on-the-job driving involved. Current and future employment might be affected. 
2. Your professional license could be in jeopardy: Certain professions in Georgia require a license, and licensing boards may consider a DUI conviction as a factor when granting, renewing, or revoking licenses.
3. Your education may be at risk: If you’re a student, you might need special help to be admitted to certain academic programs or securing financial aid. 
4. You might have a hard time securing housing: Some landlords run background checks, and your arrest and/or conviction might be a red flag to them.
5. You’re likely to experience psycho-social effects: Working around your license limitations, potential education and community service programs, will impact your social life. You may or may not feel comfortable talking about your circumstances with your friends and family. You might have some difficult emotions about the disruption a DUI conviction creates in your life. 
6. Your insurance rates are very likely to increase: You’ll need to get an SR-22 added on to your policy and meet minimum coverage laws.

If you have more questions or want to find out what’s relevant in your case, give us a call.