Defend a Second DUI in Atlanta GA
Defend a Second DUI in Atlanta GA
If you’ve been charged with DUI in Atlanta GA, you’re going to need to defend your case and the best way to do that is to hire an attorney. Fortunately, the DeKalb County DUI lawyers at this law firm are experienced and ready to fight for your rights.
Criminal penalties
If you have been charged with a second DUI in Georgia, you are faced with harsher penalties. As a result, you should hire an experienced criminal defense attorney. A good attorney will work hard to make sure you avoid these harsh punishments.
Second DUI convictions are classified as misdemeanors in Georgia. You can be sentenced to jail, probation, or fines. These are imposed by a judge. They are meant to deter you from getting in trouble with the law again. However, if you are arrested again for a DUI within 10 years, the penalties will increase.
Depending on the jurisdiction, you may be required to perform community service or attend a DUI school. You could also be required to install an ignition interlock device.
The minimum punishment for a second DUI in Georgia includes a fine of up to $1000. It also includes a probation period of up to 12 months and a clinical evaluation. Some courts require a minimum of 30 days of community service and a drug or alcohol abuse class.
Your license will be suspended for at least one year. After this period, you will be able to apply for a limited driving permit. License suspensions are handled by the Georgia Department of Driver Services. To reinstate your license, you will need to install an ignition interlock device.
Administrative license suspension hearing
When a person is arrested for DUI in Atlanta, he or she will probably face criminal penalties. However, the good news is that the arrestee is also entitled to an administrative license suspension hearing, a separate proceeding. An attorney with knowledge of Georgia’s DUI laws can help a client understand the process and help him or her successfully challenge the suspension.
First, the officer will likely request that the driver submit to a blood, breath, or urine test. The results of these tests are used as evidence against the driver in the court of law. Moreover, the officer will have the right to seize the person’s license if they refuse to take the test.
There are no hardship exceptions for refusing to submit to a chemical test. Nevertheless, the officer will likely issue the driver a DS-1205 form, which acts as a temporary driving permit. This document provides the details of the procedure, as well as a few appeal options.
Once the arrestee receives the DS-1205, he or she will have 10 days to request an Administrative License Suspension Hearing. If the arrestee fails to do so, the Department of Driver Services will send a request to the Office of State Administrative Hearings (OSAH). Normally, the Office of State Administrative Hearings will schedule the administrative hearing within 30 days.
Retain the services from one of our Top Six Atlanta DUI Attorney available
If you’ve been arrested for a second DUI in Atlanta GA, you should consider hiring an experienced DUI lawyer to help you avoid a conviction. A conviction can have a number of negative effects on your life, including car insurance rates, loss of jobs, and rental apartments.
A good DUI attorney, one of our Top Six, can help you get your license back and minimize the penalties. Those penalties can vary, depending on the specifics of your case.
For instance, if you’re convicted of a first offense, you’ll have to attend a state-mandated DUI school and a Risk Reduction class. You’ll also pay a fine. In addition to this, you can expect to spend at least 24 hours in jail.
Similarly, a DUI conviction in Atlanta can lead to a suspension of your license. This can be as short as one year, or as long as five years. The duration of the suspension is based on the time you have been convicted of a DUI, and the severity of your previous offense.
There are also Statutory Surcharges, which can increase your fines by nearly double the usual amount. These fees are used to fund road improvements and statewide programs.
An experienced Top Six DUI lawyer will review your arrest and criminal history to determine the best course of action. A skilled lawyer will then take steps to challenge the State’s case. He will conduct a thorough investigation, review police recordings, and draft targeted pre-trial motions.