Driving under the Influence (DUI) of any substance such as alcohol, drugs, and other toxic substances are extremely dangerous as there are numerous cases where it led to the death of the driver, passenger, pedestrian, or other drivers. Even though in such event where DUI does not result to any death or injury, the cost, if convicted, will still be a lot- not forgetting the long period of trial and the risk of freedom loss by the driver.
First DUI offense
According to the State of Georgia, it is listed within the code 40-6-391 (2010) that the first offense under DUI will keep the offender in jail for a minimum of 24 hours if their Blood Alcohol Concentration (BAC), when tested, is at least 0.08 percent (for drivers who are at least 21 years of age). In addition to this penalty, the offender will be put on probation, fined heavily at least $300 by the court, required to complete at least 40 hours of community service, referred to a mandatory DUI class, and their driver’s license withdrawn for up to a year. These penalties depend on how well the offender’s Carrollton, Ga. DUI defense lawyer is able to help argue the case in court.
Second and Multiple DUI offense
While a first DUI offense comes with the punishments above, a second or multiple DUI offenses come with greater and more severe punishments. Although in the State of Georgia, a second DUI offense is charged in two ways an “Impairment DUI” which is mostly called “DUI-less-safe” and the “DUI Per Se.”
If the driver had their first DUI offense under any of these two DUI charges, the charge will be treated by the judge using the “Look Back” period. The Look-back period is the period in-between the driver’s first DUI charge and the current one. This means that even if the driver already had their first DUI charge in the past, the current DUI charge may still be treated as if it were their first DUI offense if the Look-back period is up to 10 years- for criminal penalties.
The penalties under a first DUI offense are more lenient compared to a second DUI offense as the penalties under a second DUI offense are more lenient to a third or multiple DUI offenses. This means that the more the DUI offenses, the more severe the penalties will be. For instance, while a first DUI offense gets the driver up to $300 fine, at least 24 hours in jail, driver’s license withdrawal of up to a year, at least 40 hours of community services, and a mandatory DUI class attendance, a second DUI offense gets the driver at least 3 days of jail time, at least a fine of $600, driver’s license withdrawal of up to 3 years, at least 30 days of community services and other severe penalties.
How a Carrollton, Ga. DUI defense lawyer may be able to help you
These days, reading and searching the internet regarding DUI laws and penalties is not enough as the law in Georgia keep changing- yearly. New rules set in every day as complicated cases arise. It’s in the offender’s best interest to contact an experienced Carrollton, Ga. Criminal defense lawyer to know the updates on what their options are.
DUI Attorney Tyler Moffitt of Moffitt LLC is an experienced Carrollton, Ga. DUI defense lawyer that knows the prosecutors, judges, the paperwork involved, and the current laws regarding DUI cases in Carrollton, Georgia. He is dedicated and steers through the process to find the best possible result. Being the area of criminal law he specializes in, he is equipped with the best DUI defense approach that can protect your driving privileges and other rights, and this is why he has excelled in many DUI defense cases throughout Carrollton.
Some of the Most Common DUI Defense approaches
The internet is crawling with information regarding DUI defense but they cannot really help you unless you discuss the details of the charge with an experienced Carrollton, Ga. DUI defense lawyer. Due to this, you need the services of Tyler Moffitt. He will ensure he thoroughly investigate the DUI charge based on the following approaches including but not limited to investigations on:
- “If the DUI officer that stopped you acted under a legal reason”
- “If you were stopped because of your race or the stop was a planned one?”
- “If you were stopped at a roadblock, were you checked for lawful reasons such as a driver’s license check, was the roadblock approved by a police supervisor, were you processed legally and so on?”
- “If your vehicle was searched, did the DUI officer tell you of the search reason?”
- “Were you advised of your Miranda rights before you were questioned?”
- “Was a breath test carried out and does the testing officer have the capacity to carry out the test?”
- “If your blood or urine sample was taken, was the sample properly protected? Could it have been altered or replaced?”
- “Did the result of the blood or urine test show that you are on a drug prescription?”
- “Is the DUI officer maintaining a disciplinary record?”
- “If there was an accident, could you have been impaired due to the stress or injury sustained from the accident?”
- “Could you have been in a state of trauma after the accident?”