By: William C. Head, Atlanta Criminal Defense Attorney and Georgia DUI Lawyer
Like most other states, Georgia DUI laws favor drivers who are 1st offense DUI cases, and especially if the accused driver has no prior criminal history. The nine advantages of a driver arrested for 1st offense DUI include the major benefits listed below, over the status a person with a 2nd DUI in GA, are observations from the author handling thousands of Georgia DUI cases. A DUI attorney hired for a second DUI will have “tough sledding” with plea negotiations and efforts to get the DUI reduced to reckless driving or some other lesser driving offense.
List of 9 Advantages for a DUI First Offense in Georgia
- More favorable administrative license suspension options for avoiding total “hard” suspension of all driving privileges for a DUI refusal of the forensic test requested under Georgia implied consent law.
- Fines can be as low as $300 plus surcharges, which is amongst the lowest DUI first offense fines in America. Second offense DUI fines are usually the maximum of $1000, plus surcharges, and a 4th DUI can be $5000 plus state DUI surcharges.
- Jail time for a DUI first offense, even if convicted, is usually zero to 24 hours with most courts. Some jurisdictions regularly violate concepts of due process by stacking heavy jail time to prevent citizens from having their day in Court.
- If the person is arrested for DUI-alcohol less safe, and submits to implied consent testing, after an arrest, the driver is eligible for an immediate restricted license regardless of how the BAC level for alcohol may be. This work permit availability can be very important to first DUI clients since a second DUI in 5 years creates a mandatory total loss of driving privileges. The loss of driving priveledges is followed by paying for installation and monitoring of an interlock device for no less than a full year, to get early driver’s license reinstatement.
- The prosecutor cannot seek to use prior, similar acts to bias your jury and make a fair trial very difficult. Georgia DUI law is the worst in America for “bending” fair trial concepts on DUI cases with prior “similar transactions.”
- DUI school is usually required, but a Georgia DUI first offense is the only DUI offender who can be excused from attending the risk reduction 20-hour course, if the alcohol and drug assessment provider waives the DUI classes requirement.
- Whether convicted of DUI or not, most of the GA DUI cases that our DUI lawyers get “reduced” will have the same number of community service hours as a 1st offense DUI, which is 40 hours. All other offenders with a second DUI offense in 10 years face not fewer than 240 hours of community service and possibly 480 hours.
- As opposed to the criminal case for a GA DUI first offence, a second offense DUI in 10 years require car tag confiscation of all motor vehicles titled in your name, mandatory ignition interlock for at least a year, and publication of your photograph and a printed summary of your DUI conviction in the local newspaper in the Georgia court location or the county where you reside.
- If you have hired the best DUI lawyer for your case, and absent bad behavior during the DUI arrest or an accident or an outrageously high BAC result, a reduction of charges is more likely than not for a first DUI in Georgia. Each court is different, and some judges block any negotiated deals offered by the prosecutor. But, the DUI defense lawyers at our DUI law firm each achieve a very high percentage of getting the DUI first offense reduced to reckless driving GA, or possibly a lesser motor vehicle (or non-motor vehicle) charge.
Never Plead Guilty to a First Offense DUI, Due to the Lifetime Consequences of a DUI
Don’t let the depression and lack of sleep lead you to make a bad legal decision. A first DUI offense conviction remains on your record for LIFE. You have only seen 9 brief advantages to a having a first offense DUI, but look at the FULL list of 97 consequences of a DUI conviction before making a hasty decision. Call our DUI specialists for a FREE lawyer consultation at 404-567-5515. All of our lawyers are Super Lawyers, with high AVVO attorney ratings.
Talk to Bubba Head, Larry Kohn, or Cory Yager today and get honest answers to all your questions.
Tell us everything that happened and everything you remember about your DUI arrest. The sooner you call us, the better chance we have to win your case. (404) 567-5515