First Offense DUI Lawyer in Marietta, Georgia
Got your first DUI in Georgia? Our Marietta first-offense DUI attorney helps clients fight driving under the influence of drugs or alcohol charges.
Driving Under the Influence in Marietta, Georgia
Even if it’s your first offense, being convicted of driving under the influence (DUI) within the state of Georgia will have serious long-term consequences. This is because Georgia has little tolerance for driving while impaired by drugs or alcohol and punishes violations with extremely harsh penalties.
One of the most important things to know about Georgia’s DUI laws is the state’s “implied consent” rule. This rule means that drivers consent to alcohol or drug tests anytime they operate a vehicle on a Georgia roadway. Law enforcement officers may employ several tests to determine whether someone is too physically impaired to safely operate a motor vehicle or to measure their blood alcohol content (BAC). The most common tests are field sobriety evaluations, breathalyzers, and urine tests.
If you are found to be under the influence of drugs or alcohol, you could be immediately arrested and your car impounded.
As a former prosecutor who has now operated her own practice for over a decade, our founder, Attorney Kim Frye, knows how to take on the state’s criminal justice system to defend your rights and fight for the justice you deserve.
Penalties for First-time DUI Offenses
One of the most important consequences of a DUI arrest is that a conviction will go on your permanent criminal record, even if you’re a first-time offender. This means your conviction can neither be restricted nor expunged under any circumstances.
Other first-offense DUI penalties may include:
- Jail time (up to 10 days)
- Probation (12 months)
- Fines (up to $1000)
- Community service (at least 40 hours)
- Alcohol or drug risk courses
- Treatment programs
- Mothers Against Drunk Driving (MADD) Victim Impact Panels
- Suspension of your license or driving limitations (limited permit)
- Installation of an ignition interlock device at your expense
Furthermore, first-time DUI offenders will most likely have to attend a DUI school. DUI classes also called the Risk Reduction program, are necessary to be able to reinstate the right to drive in Georgia. These classes apply to any driver, regardless of whether they are from Georgia or not.
In addition to these penalties, you could face enhanced punishments if you had a child in the car, had a BAC of .15% or higher, or were involved in an accident.
If first-time offenders refuse to submit to breath, blood, or urine tests, they will have their driver’s license suspended automatically, but that will not affect other charges or penalties. There are also collateral consequences, such as being required to pay for high-risk insurance and having limited job opportunities due to your criminal record.
If you’ve been arrested for DUI in Georgia, we invite you to schedule a free case evaluation with our first-offense DUI attorney in Marietta by calling (770) 273-9038.
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Steps to Reinstate Your Driver’s License After a First Offense DUI
In Georgia, restoring your driver’s license following a first-time DUI requires careful adherence to specific steps:
- Complete the Risk Reduction Program: This DUI school course, also known as the Risk Reduction Program, is mandatory for license reinstatement. Classes typically last around 20 hours and focus on alcohol and drug risk factors.
- Pay Reinstatement Fees: Fees for license reinstatement vary but generally fall between $200 to $500, depending on the circumstances of your suspension.
- Apply for License Reinstatement: After completing all requirements, apply for reinstatement at a Georgia Department of Driver Services (DDS) office. Be prepared to present proof of DUI school completion and pay applicable fees.
- Consider a Limited Permit: First-time offenders may qualify for a limited driving permit for work, school, or medical purposes, which can offer limited driving privileges during suspension.
Each step is essential to reinstating your license and resuming safe, legal driving in Georgia.
How Likely Is Jail Sentence for a First DUI?
In Georgia, the likelihood of jail time for a first DUI offense can vary depending on several factors. Generally, for a first-time DUI conviction in Georgia, the potential penalties may include fines, license suspension, completion of a DUI alcohol or drug use risk reduction program, community service, probation, and possibly, but not always, jail time.
The likelihood of jail time may increase if certain aggravating factors are present, such as:
- High blood alcohol concentration (BAC) at the time of arrest.
- Involvement in an accident resulting in injury or property damage.
- Reckless driving behavior.
- Driving with a minor in the vehicle while under the influence.
Additionally, Georgia law imposes mandatory minimum sentencing for DUI convictions, which may include a minimum period of incarceration, especially if the offense is aggravated.
However, it’s essential to note that every case is unique, and the outcome can vary based on individual circumstances, such as the defendant’s cooperation with law enforcement, prior criminal history, and the effectiveness of legal defense strategies.
Ultimately, individuals facing DUI charges should consult with a qualified Marietta DUI attorney who can assess their case’s specifics and provide guidance on potential outcomes, including the likelihood of jail time.
What Should I Do If I Get Stopped For A DUI?
Defending Yourself Against First-Time DUI Charges
When you get a DUI for the first time, the consequences can vary depending on the laws of the jurisdiction where the offense occurred.
WHAT HAPPENS WHEN YOU GET A DUI FOR THE FIRST TIME
- Arrest: After being pulled over and suspected of driving under the influence, you may be arrested and taken into police custody.
- Criminal Charges: You will likely face criminal charges for driving under the influence (DUI) or driving while intoxicated (DUI), which are serious offenses.
- Court Appearance: You will be required to appear in court to address the DUI charges and potentially enter a plea.
- Administrative License Suspension: Your driver’s license may be suspended administratively by the Department of Motor Vehicles (DMV) or a similar agency, typically within a few days of the arrest.
- Criminal Penalties: If convicted, you may face fines, probation, community service, mandatory attendance at DUI education programs, and possibly even jail time, depending on the severity of the offense and any aggravating factors.
- Ignition Interlock Device: Some jurisdictions require the installation of an ignition interlock device (IID) in your vehicle, which prevents you from driving if you have alcohol on your breath.
- Insurance Consequences: A DUI conviction can lead to significantly higher auto insurance premiums or even the cancellation of your policy.
- Criminal Record: A DUI conviction will result in a criminal record, which can have long-term consequences for employment, housing, and other aspects of your life.
It’s essential to take a first-time DUI charge seriously and seek legal representation to understand your rights, potential defenses, and options for minimizing the impact of the charges
Contact Our Marietta DUI Lawyers for First-Time Offenses
At Frye Law Group, LLC, we understand that DUI arrests can be overwhelming, especially if it’s your first offense and you’re unfamiliar with the legal process. However, it’s important to remember that being arrested for driving under the influence does not automatically mean you are guilty. You can and should still fight the charges. The consequences are too serious not to challenge.
When you partner with us, you’re choosing to work with a legal team who is determined to pursue an optimal outcome for your case. We can assist you with jail release, prevent the imminent suspension of your license, and help you weigh your legal options.
Contact us today to discuss your case with our first-offense DUI lawyer in Marietta.
FAQ
1. What counts as a “first offense” DUI in Georgia?
2. What penalties might I face if convicted of a first offense DUI?
Penalties typically include:
- Jail time ranging from 24 hours up to 12 months, though courts often suspend most of it except for the mandatory minimum.
- Fines between $300 and $1,000, plus court costs and surcharges.
- Probation for up to 12 months.
- Community service (often at least 40 hours).
Mandatory DUI educational classes or a Risk Reduction Program.
3. What happens to my driver’s license?
After a first DUI:
- Your license may be suspended for up to one year.
- You may be eligible for a limited or restricted license after a certain period, particularly if you complete required programs.
Refusing chemical testing (breath, blood, or urine) triggers stricter suspension rules.
4. What process should I expect after being arrested for DUI in Marietta?
You’ll typically go through:
- Booking and possible bond hearing.
- An implied consent situation (officer asks for chemical test).
- An administrative license suspension process via Georgia’s Department of Driver Services (DDS), often with a 30-day window to act (for example, requesting a hearing).
Criminal court case where charges are filed, plea entered or trial held, sentencing if convicted.
5. What are my rights and possible risks with a first DUI charge?
Rights include:
- Right to legal representation.
- Right to challenge elements of the stop, the chemical test, or other procedure in court.
- Right to an administrative hearing to contest license suspension.
Risks include:
- Permanent DUI conviction record, which can affect insurance rates, job opportunities, and other consequences.
- Mandatory penalties like minimum jail time and license suspension.
- Potentially higher penalties if aggravating factors exist (BAC significantly over limit, accident, injury, refusal to submit to test).
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Contact Our DUI Attorney In Marietta, GA Today
REPRESENTING THOSE IN COBB, BARTOW, CHEROKEE, FULTON, PAULDING AND DOUGLAS COUNTIES.
Because you have such a limited amount of time to contest your suspended license and the seriousness of DUI charges in Paulding County Georgia, you should call an attorney as soon as you receive notice of your charge.
If you or someone you know has been charged with a DUI, contact our office at Frye Law Group today to begin your defense.
Got a DUI? Call 770-919-9525.
What Our Clients Are Saying About Us
“”She got my charge reduced to reckless driving and since I had gotten all my requirements done, reduced fine and no probation! Kim is AWESOME!””
