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First Offense DUI in Marietta, Georgia

First Offense DUI

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 driving under the influence, we invite you to schedule a free case evaluation with our first-offense DUI attorney in Marietta by calling (770) 919-9525.

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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:

  1. High blood alcohol concentration (BAC) at the time of arrest.
  2. Involvement in an accident resulting in injury or property damage.
  3. Reckless driving behavior.
  4. 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.

    FIRST-TIME DUI FAQ

    1. What are the consequences of a first offense DUI in Georgia? In Marietta, a first offense DUI can result in various penalties, including fines, license suspension, mandatory alcohol education classes, probation, and even jail time. The specific consequences depend on factors such as blood alcohol concentration (BAC), prior DUI history, and any aggravating circumstances present during the arrest.
    2. Will I lose my driver’s license after my first DUI? Yes, you may face a driver’s license suspension following a first offense DUI in Marietta. The duration of the suspension varies based on factors like BAC level and whether you refused a chemical test. However, you may be eligible for a limited driving permit or ignition interlock device installation to retain some driving privileges.
    3. Should I hire a lawyer for my first DUI offense? Absolutely. Even for a first offense DUI, it’s crucial to have legal representation. A skilled Marietta DUI lawyer can assess the details of your case, challenge evidence, negotiate with prosecutors for reduced charges or penalties, and ensure your rights are protected throughout the legal process.
    4. Can I plead guilty to my first DUI charges in Georgia to avoid court? While you may have the option to plead guilty, doing so without legal counsel can have serious consequences. It’s essential to consult with a Marietta DUI attorney before making any decisions. They can advise you on the best course of action based on the circumstances of your case and help you navigate the legal system effectively.
    5. How long will my first DUI offense stay on my record in Marietta? A first offense DUI can have long-term consequences, as it typically remains on your criminal record permanently. However, certain rehabilitation programs or expungement options may be available in some cases to mitigate the impact on your record. Consulting with a Marietta DUI lawyer can help you understand your options for minimizing the effects of a DUI conviction.

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    What Our Clients Are Saying About Us

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    “”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!””

    – Former Client