DUI Defense

If you’ve been arrested for a DUI in Georgia, you only have 10 business days to try saving your license from suspension.

DUI convictions often are combined with other penalties and can result in jail, in loss of driving privileges, heavy fines, and a permanent criminal record.

The Frye Law Group is dedicated to obtaining the very best possible result in your DUI case. We will help you understand the legal process and the consequences to you. We will protect your rights and do battle with the state on your behalf.

DUI Laws in Georgia: Your Rights

If a police officer pulls you over for suspicion of driving under the influence, it constitutes the beginning of a criminal investigation by the officer.

As in any criminal case, you have certain constitutional rights.

First, you are required to present identification. Second, you may remain silent. Anything you say can be used against you and admitting to consumption of alcohol or drugs can be construed as an admission of guilt. Third, you need not participate in a sobriety test.

Most people think they must perform the various physical balancing tests on the roadway such as the “Walk and Turn,” “One-Leg Stand” and “Horizontal Gaze Nystagmus” tests.

In fact, drivers are not required in Georgia to take these tests. You can also decline a portable breath test without being punished for your refusal. You are required, however, under implied consent, to submit to a blood, breath or urine test at a police station.

Georgia DUI: Legal Limits and Open Container

The State of Georgia DUI laws prohibit anyone driving with blood alcohol content (BAC) of 0.8 percent or higher. If driving a commercial vehicle, the level can not be 0.4 or higher. For drivers under the age of 21, it cannot be 0.2 or higher.

In addition, Georgia has an “Open Container Law” prohibiting open alcoholic beverage containers inside a moving vehicle or on the shoulder of any public highway. This applies to a full container, a nearly empty container, and containers with broken seals. If you violate the open container law, the fine is $200.

Drunk Driving Consequences

A Cobb County DUI conviction will result in both criminal and administrative penalties. First, it is crucial to understand that you only have ten days after your arrest (and most likely prior to a conviction) to challenge a driver’s license suspension. Therefore, before you even attend court to defend yourself from conviction.

If you have prior DUI convictions, your license can be suspended for anywhere between a year and a lifetime. Without the assistance of a competent Georgia DUI lawyer such as Attorney Frye, most citizens would be unaware of such consequences.

In addition to a license suspension, here is a list of penalties for the first three DUI Convictions.

If it is your First Georgia Drunk Driving Conviction, the potential penalties are:

  • 10 days to 1-year jail sentence
  • Fine of from $300 to $1000
  • License suspension up to 1 year
  • 40 hours (minimum) of community service
  • License Reinstatement fee of $210

If it is your Second Georgia Drunk Driving Conviction, the potential penalties are:

  • 90 days to 1-year jail sentence
  • Fine of $600 to $1000
  • License suspension for 3 years
  • 30 day (minimum) of community service
  • License Reinstatement fee of $210
  • Ignition Interlock Device – if court requires
  • Complete Treatment Program or Evaluation

If it is your Third Georgia Drunk Driving Conviction, the potential penalties are:

  • 120 days to 1-year jail sentence
  • Fine of $1000 to $5000
  • License suspension for 5 years
  • 30 days (minimum) of community service
  • License Reinstatement fee of $210
  • Complete Treatment Program or Evaluation

For further DUI convictions, the jail time, fines, community service and other penalties will increase dramatically. And once again, do not overlook the initial 10 days after being arrested to challenge your license suspension.

Call Georgia DUI Lawyer Kim Frye

If you are booked for violating the DUI laws of Georgia, contact a DUI lawyer immediately. An experienced Marietta DUI lawyer like Kim Frye can save you the stress and aggravation of dealing with important statue of limitations such as only having 10 days after your arrest to challenge your license suspension.

A drunk driving defense is not something you want to take on alone. With severe administrative and criminal penalties at stake, not to mention embarrassment and other hardships, the best defense you can give yourself is to leave it to experienced professionals like Georgia DUI Attorney Kim Frye.

Kim Keheley Frye, as member of the National College of DUI Defense, has undertaken many hours of specialized training to fight a DUI case. She has also taken the same 24-hour Standardized Field Sobriety Training Course that police officers take.

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