Under Georgia law, judges have limited discretion in sentencing for DUI convictions. Mandatory minimum penalties are severe, with even first-time offenses requiring jail time. Judicial discretion is often showcased with lengthy probation sentences that follow on the heels of the mandatory minimums.

If you have been arrested for driving under the influence, you need an experienced DUI attorney on your side to fight your case or to fight against the revocation of your probation or parole.

What is a DUI?

A DUI in Georgia is based on your demonstrated blood alcohol concentration (BAC) while operating a vehicle or on facts that may show that you were under the influence of alcohol or drugs to the extent that you were less safe to drive. You can be charged with a DUI in Georgia if:

• You are at least 21 years old and have a BAC of 0.08% or greater while operating a regular passenger vehicle (the BAC limit drops to 0.04% if you are operating a commercial vehicle); or
• You are under the age of 21 and have a BAC of 0.02% or greater while operating a vehicle;
• You have the smell of alcohol on your breath and the officer says you failed the “voluntary” field sobriety evaluations and/or demonstrated bad driving acts (ie, swerving outside of your lane, causing car accidents, being asleep while the car is in the lane of travel, etc.); or 
• The officers smells or locates drugs and says you failed the “voluntary” drug evaluations or demonstrated bad driving acts.

What happens after a DUI?

There are mandatory penalties for a DUI conviction in Georgia, which include at least twenty-four hours of jail time, a significant fine, license suspension for up to one year, and mandatory community service. In addition to longer jail sentences and higher fines, repeat offenders may be required to have an ignition interlock device installed in their vehicle, as well as being identified in the local paper as a habitual offender. Whether it is your first offense or your fifth, DUI convictions can remain on your record permanently.

Though not mandatory, probation is often part of the sentence for a DUI conviction. Judges may impose the mandatory minimum jail time and then order probation for a period equal to the maximum sentence allowed. Probation typically includes random drug screens, limitations on alcohol use, and other restrictions. Violation of the terms of your probation can result in lengthy jail stays for the duration of your sentence.

What are possible defenses to a DUI?

A DUI conviction requires the state to prove that you were in control of a vehicle while under the influence of drugs and/or alcohol thereby creating a risk to yourself or others. In addition to challenging claims that you were in control of the vehicle and/or intoxicated, other defenses to DUI charges include challenging the reason you were stopped and challenging the validity of the field sobriety test, breath tests, or blood test.

What happens if my probation is revoked?

If your probation is revoked, you could spend a considerable amount of time in jail. This is especially true if you plead to - or were convicted of - another charge in addition to the DUI. An experienced DUI attorney like Abbi can negotiate the best possible defense to your charges.

Do I need to hire a DUI attorney?

DUI convictions can affect your employment, housing options, insurance premiums, and more. If you have been charged with a DUI, you need an attorney experienced in fighting against some of the toughest DUI laws in the country. You deserve a fair trial and a strong advocate to protect your rights and fight to keep your record clean and keep you from ending up behind bars. 

Contact The Law Firm of Abbi S. Taylor to schedule a free consultation today.