DUI defense.

“Kim Frye and her associate Michael helped me get out of a really tough spot. Unfortunately, my case became one of the small percentage of DUI cases to go to trial. Kim’s trial experience impressed me during our first meeting and definitely came in handy for my case. The trial process was daunting, but Team Frye kept the focus on my innocence. Kim was extremely knowledgeable of sobriety field testing and lab protocols and researched the DUI Task Force well. I always knew the latest status of my case and the firm’s efforts in resolving all matters. I owe Frye Law Group, LLC a ton and will never forget how diligently they fought to prove my innocence.”

~ C J., Baton Rouge

Call 770-919-9525 to set up a free initial consultation

“Kim Frye and her associate Michael helped me get out of a really tough spot. Unfortunately, my case became one of the small percentage of DUI cases to go to trial. Kim’s trial experience impressed me during our first meeting and definitely came in handy for my case. The trial process was daunting, but Team Frye kept the focus on my innocence. Kim was extremely knowledgeable of sobriety field testing and lab protocols and researched the DUI Task Force well. I always knew the latest status of my case and the firm’s efforts in resolving all matters. I owe Frye Law Group, LLC a ton and will never forget how diligently they fought to prove my innocence.”

~ C J., Baton Rouge

Call 770-919-9525 to set up a free initial consultation

Because you have such a limited amount of time to contest your suspended license and the seriousness of DUI charges in 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.

What should I do if I get stopped for a DUI in Georgia?

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What is a DUI, exactly?

DUI stands for “driving under the influence,” and that influence includes alcohol, drugs, or any other unknown substance. It’s important to remember that even marijuana is included on this list of DUI substances. Even if you have a prescription but you are impaired because of it, you can get a DUI conviction.

If you get pulled over while driving under the influence and an officer asks you to take a breathalyzer test, say “no, thank you.”  If you are asked to do roadside field tests, you can also say no without impacting your license.

Georgia is an implied consent state, which means by getting a license you are consenting to a state test.  You can still refuse the state test. We suggest you do so. It may still result in arrest or even a search warrant for your blood. Implied consent in Georgia has been challenged strongly in the last few years.  As a Georgia case makes its way up to the US Supreme Court, you can only protect your rights by saying “no.”

The blood alcohol levels that can lead to a DUI are like those in most states in the US:

  • If you are over the age of 21, driving a passenger vehicle: 0.08 or higher
  • If you are driving a commercial vehicle: 0.04 or higher
  • If you are under 21: 0.02 or higher

Getting convicted of a DUI is a serious issue. It could affect how much you pay for car insurance, and that conviction will stay on your criminal record forever. It’s also important to note that this includes first time offenders – Georgia does not have an exception for DUI first offenders. That means that, if convicted, even your first-time DUI can’t be expunged (cleared from your record).

The 30-day DUI letter

Anyone arrested in Georgia for a DUI has to appear in two separate courts. First, you’ll appear in criminal court (the State of Georgia v. you). But after that, you’ll also have to appear in a civil court to determine whether your driver’s license will be suspended – also known as an administrative license suspension hearing.

When you are arrested, the police officer will fill out a form called DDS (Georgia Department of Driver’s Services) Form 1205. When DDS views your form, they’ll send you what’s commonly known as the 30-Day Letter. That’s because you only have 30 days to request a hearing after you receive the letter. If you don’t request a hearing, your license will automatically be suspended.

Potential penalties

If you get arrested for a DUI, you may face different penalties depending on your past arrests. If it’s your first time receiving a DUI, the penalties may include any of the following:

  • 1-10 days in jail (sometimes can be waived)
  • $300-$1000 fine plus surcharges
  • 12 months of probation
  • At least 40 hours of community service
  • Suspended driver’s license (limited permit is sometimes available, potential to drive with an ignition interlock device)
  • Clinical substance abuse evaluation and any recommended treatment
  • DUI Risk Reduction School (20 hours of class)
  • Going to a MADD Victim Impact Panel

If it’s your second time receiving a DUI, the penalties may include any of the following:

  • 3-15 days in jail and up to 12 months of probation
  • $600-$1000 fine plus surcharges
  • 30 days (240 hours) of community service
  • Clinical substance abuse evaluation and any recommended treatment
  • DUI Risk Reduction School (20 hours of class)
  • Going to a MADD Victim Impact Panel
  • Suspended driver’s license for 4-18 months (limited permit is sometimes available after 4 months, potential to drive with an ignition interlock device)
  • Surrender license plate
  • Photo published in news

If it’s your third time receiving a DUI, the penalties may include any of the following:

  • High and aggravated misdemeanor
  • Habitual violator designation
  • 15 days to 12 months in jail
  • $1000-$5000 fine plus surcharges
  • 30 days (240 hours) of community service
  • Clinical substance abuse evaluation and any recommended treatment
  • DUI Risk Reduction School (20 hours of class)
  • Going to a MADD Victim Impact Panel
  • Minimum 2 year suspended driver’s license with no permit
  • Surrender license plate
  • Photo published in news

Most of the time, being arrested for DUI is considered a misdemeanor offense. People deemed “habitual violators” that are arrested for a 4th DUI within a 10 year period are charged with felony DUI though. Felony DUI convictions carry very severe penalties, including:

  • Minimum 90 days in jail and maximum of 5 years
  • $1000-$5000 fine plus surcharges
  • 60 days (480 hours) of community service
  • Clinical substance abuse evaluation and any recommended treatment
  • DUI Risk Reduction School (20 hours of class)
  • Going to a MADD Victim Impact Panel
  • Suspended driver’s license with no permit
  • All other punishments associated with being a convicted felon

Contact a DUI lawyer today

Because you have such a limited amount of time to contest your suspended license and the seriousness of DUI charges in 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.

Call today to take back your future: 770-919-9525

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