Although everyone would agree that getting a DUI is a terrible thing to be avoided at all costs, most people don’t understand the harsh penalties and consequences associated with a DUI. This post will provide a streamlined, basic recitation of the process that ensues once you’ve been charged with a DUI for the first time, and will hopefully provide further incentive not to drink and drive. Keep in mind that if there are multiple offenses, these penalties are even stricter.

There are two cases that are created with every DUI arrest: administrative and criminal.

First, there is an administrative hearing with the Georgia Department of Public Safety to make a determination regarding the suspension of your driver’s license. Once you’ve been arrested for a DUI, your license is automatically suspended for one full year (however, you are still able to drive for 30 days or until the hearing). This suspension kicks in if your blood alcohol content (BAC) is over the legal limit of .08, or if you refuse to take the BAC test after being arrested on suspicion of DUI.

If you don’t appeal this suspension of your license within TEN days, you’re pretty much out of luck and you’ll be without a license for a year (very rarely, a late appeal is permitted). As such, it is VERY important to file this appeal within the ten day period, and it is VERY important to retain an attorney for assistance in fighting the suspension.

During the administrative hearing, your attorney can cross examine the arresting officer and attempt to attack the legitimacy of the arrest, which might allow you to retain your license or obtain a probationary permit. This process can be helpful in obtaining evidence to use to fight the second case created by a DUI, which is the criminal case in the Georgia court system. The potential punishments for a first time DUI is as follows:

• Between $300 and $1000 in fines
• Jail time between 10 days to 1 year
• Community service requirement of 40 hours
• DUI school requirement

In addition, beyond the immediate punishments rendered by the law, there are obviously other, more far reaching consequences created by having a DUI on your record. Given the potential harsh impact that a DUI can have on your life, it is extremely important to exercise good judgment when it comes to drinking and driving. However, if you’ve made a mistake and have been arrested for a DUI, don’t compound the problem by failing to retain an attorney. Give us a call at (706) 549-4677 and we’ll put forth the best fight to help you through the process.