Criminal Defense Driving Under the Influence Cases

DUI or DWI Criminal Defense

Driving under the Influence, is one of the most common crimes that individuals commit in the State of Georgia. Most people associate DUI’s with the consumption of alcohol, but this is not always the case, as a person can be charged with driving intoxicated while under a number of different substances from marijuana to prescription medication. At O’Brien Law Firm PC, we specialize in representing those who have been accused of DUI for both misdemeanor cases and felony cases.

You will be charged with driving under the influence of alcohol in The State of Georgia if you are operating a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or above. This limit is the standard limit throughout the United States. There are more stringent laws that apply to minors, however, as they are not of legal age to consume alcohol and are under the age of 21. Georgia also has an “Open Container Law”, which does not allow for any container of alcohol to be open inside a moving vehicle.

Misdemeanor and Felony DUI

While every person in the State of Georgia will receive a misdemeanor upon their first DUI offense, it is important to know that the more DUI charges that are accrued a over period of years, the harsher the penalties become.

The first DUI conviction in Georgia will result in a possible jail sentence of one year. You will also receive a fine which can cost you up to $1,000, as well as a license suspension for up to one year and mandatory community service. While a first DUI conviction is less-strict than subsequent convictions, trying to juggle the rigors of daily life can be greatly hampered. During this time, you will have to apply for a work permit to get back and forth, and you will have to reinstate your license after your suspension is up for a fee. Your DUI charge will stay on your record for the rest of your life, which inhibits job security and can harm your reputation. It is important for you and your loved ones to seek the counsel of the O’Brien Law Firm PC as soon as you have been charged with a DUI so that the proper steps to reclaim your reputation are made.

If you have been charged with a second, third or fourth DUI in the State of Georgia, you will be looking at increased penalties. A second DUI conviction brings with it a longer jail sentence, a larger fine, and a longer license suspension period. You will also more than likely be responsible for attending substance abuse classes.

The third time you are convicted of a DUI in Georgia, your jail time, fines, community service, and license suspension are increased significantly, and your name, photo and address may be printed in a local newspaper. You will be declared a “Habitual Violator”, which brings with it the possibility of an ignition interlock device and the seizing of your license plate.

Georgia House Bill 336, enacted in May of 2008 provides that a 4th DUI violation within a 10 year period is a felony. A fourth conviction within 10 years of a previous offense will result in a fine not less than $1,000 and not more than $5,000. Unless suspended by a judge, you will be imprisoned from 1 to 5 years. If the sentence is suspended by a judge, 90 days of the sentence must still be served.