The Most Important Things to Do to Protect Yourself, Your License and Help Your Case after a Georgia DUI Arrest
You’ve bonded out of jail, picked up your car from the tow yard, and have begun to receive a stack of mail from law firms trying to get you to hire them for your case. You’re anxious. You’re confused. You don’t know how this is going to affect your family, your career, and your future. You have questions that need answers.
What type of criminal charge is a DUI?
Do I have a criminal record?
Am I going to go to jail if convicted?
What happens to my drivers license?
Can I drive while my case is pending?
Do I need an attorney to help me?
These are all important questions that can be answered to quickly help ease your mind and begin carving a path forward. In my experience most metro Atlanta DUI attorneys will give you a free consultation and help you answer all your questions, offer advice on things to do to protect yourself, and begin taking the necessary steps to minimize the impact of your DUI arrest.
#1 - The Most Important Thing You Can Do to Protect Yourself after a Georgia DUI Arrest is to Consult with a DUI Attorney as Quickly as Possible
The job of an attorney is first and foremost as an adviser. Atlanta DUI attorneys focus a large portion of their practice on handling DUI cases. They know the issues and concerns of people facing DUI charges. An Atlanta DUI lawyer can help you understand your rights in regards to your drivers license, walk you through your recollection of the events surrounding your arrest, and begin talking about potential defenses and outcomes based on a preliminary understanding of the evidence. A lawyer can help ease your mind, even if you can’t afford to hire them. A good Atlanta DUI attorney will take the time to walk you through the issues in a free consultation regardless of whether you choose to retain their services. Most DUI charges are misdemeanor offenses under Georgia law. A fourth DUI within a 10 year period can be charged as a felony offense. If you were arrested for a DUI, it is likely that DUI arrest is on your criminal history. You cannot plead first offender to a DUI offense, so fighting your case is going to give you your only chance at keeping a DUI conviction off your Georgia criminal history.
No2 - Understand What Happens to Your Drivers License after a Georgia DUI Arrest
After a Georgia DUI arrest, you have 30 days from the date you were arrested to make a decision regarding your options for protecting your drivers license. You can only choose one of the three options and each option is not available in every case. You can do nothing and let the suspension go into effect. You can appeal your suspension through an Administrative License Suspension (ALS) hearing. And you might be able to go the ignition interlock device route, installing an ignition interlock device on your vehicle, and getting an ignition interlock device limited permit from the Georgia Department of Driver Services. The Ignition Interlock Device Limited Permit is not an option in all cases, so consulting with an attorney is going to give you the information you need to protect your drivers license. If your license is valid, you can drive while your case is pending, even if your license was taken by the officer. The DS-1205 form the officer gave you serves as your drivers license while your license is pending suspension.
No3 - Make a Journal of the 24 hours Before and After Your DUI Arrest
Memory fades over time. Having an accurate accounting of the time before and after your DUI arrest provides information regarding what you ate that day, you work schedule, sleep schedule, your activities, how many drinks you had prior to being arrested, where you were, who you were with, and all the important pieces of information to create the story of what happened. If you were with others, having a written statement from them may also help in fighting your case. The best way to fight your case is to have as much information as possible to help prepare your potential defenses. Document everything.
No4 - Understand the Punishment for a DUI Conviction is Governed by Statute
If you are found guilty of DUI in the State of Georgia, the punishment is for the most part set. There may be some variations on fine amounts, jail time, and classes but the statute says the following punishment is required by law for a first DUI conviction within a ten year period. Further convictions have enhanced sentencing and increased impact upon your drivers license.
The punishment for a first DUI conviction within ten years is as follows:
12 months probation with ten days to serve in custody and all but 24 hours of those ten days can be probated by the Judge at their discretion
Minimum $300 fine plus surcharges with a maximum fine of $1,000
An alcohol and drug evaluation by a licensed counselor and any recommended treatment
DUI Risk Reduction Course by a certified provider
40 hours of community service
120 day license suspension, but you would be eligible for a limited permit for those first 120 days if you had not had a prior DUI conviction in the past 5 years.
If you have any questions about your DUI arrest or would just like some information about the process, please feel free to call or text 678-753-6431 any time for a free consultation. You can also click the contact button in the top right corner, and I would be happy to spend time with you giving you information about the process, what to expect, and how to move forward in the best way for you. I hope this was helpful.
