Richmond Hill, GA DUI Lawyer

Richmond Hill, GA DUI Attorney

You should not become alarmed if you are facing a driving under the influence (DUI) accusation. There is legal assistance accessible. Even though the procedure can be frightening, it’s imperative for your future to understand your alternatives and rights. You can get assistance from a Richmond Hill DUI lawyer to understand the law and the potential consequences for your case.

Why Choose Us?

We use our legal knowledge assertively at Jarrett Maillet J.D., P.C. to confront your case. We can meet and confer with prosecutors, and contest evidence in order to obtain plea details and probations, reduce charges, and even cases getting dismissed.

We know DUI law. We can find issues with the prosecution of DUI cases based on the law enforcement officer’s arrest procedures. We can help you in court and in administrative hearings to seek prevention of license suspension and lessen the long-term effects and consequences of a DUI conviction.

Georgia DUI Law

The state has strict DUI laws to protect drivers. The legal blood alcohol content (BAC) limit for drivers is 0.02 percent for those under 21 and 0.04 percent for commercial drivers. This limit applies to drivers who are 21 years of age or older. Violations of these limitations may result in harsh penalties like fines, license suspensions, and even jail time.

Georgia also enforces the open container law, which prohibits carrying an open alcohol container in a moving vehicle. It is forbidden to have an open alcohol container where the driver or other occupants may access it.

Any bottle, can, or other container that holds any volume of alcoholic beverage that is open, has a broken seal, or has had some of its contents removed is considered an open container. The goal of the law is to stop drunk driving and decrease driver distraction.

Implied Consent

Georgia operates under “implied consent.” The implied consent statute requires drivers who are legally apprehended for suspected DUIs to submit to chemical testing (breath, blood, or urine tests). Drivers are deemed to have implicitly consented to such testing to determine if they are impaired by drugs or alcohol while operating a vehicle.

In the event that a motorist declines to take the test, their driver’s license will be automatically suspended for a year, among other serious and immediate penalties. Any consequences arising from a DUI conviction are not related to this suspension. Law enforcement officers usually read the implied consent notice to the motorist at the time of the arrest, warning them of the repercussions of refusing.

Georgia DUI Penalties

In Georgia, the penalties for a DUI charge depend largely on the circumstances of the case. However, generally speaking, penalties for DUIs are as follows:

• A first conviction is punishable by up to a year in prison, fines ranging from $300 to $1,000, a one-year license suspension, and 40 hours of community service requirements. The reinstatement of the driver’s license costs $210.
• A second conviction holds a required minimum jail sentence of 48 hours and a maximum sentence of one year in jail. The fines range from $600 to $1,000, in addition to a minimum of 30 days of community service and a three-year license suspension.
• A third conviction results in a minimum jail sentence of 15 days, fines ranging from one thousand to five thousand dollars, a five-year license suspension, and a minimum of 30 days of community service.

A driver may still be charged with DUI Less Safe even if their blood alcohol content is under 0.08 percent. A driver will be charged with this violation if their capacity to drive safely is impaired by drugs or alcohol. A normal DUI carries similar penalties as a DUI Less Safe, including fines, jail time, license suspension, community service, and mandatory alcohol education sessions.

Felony DUI

Under certain conditions, including having numerous prior offenses, causing serious injury or death (vehicular homicide), or causing significant property damage, DUI offenses can escalate to felony charges. Convictions for felonious DUI have serious repercussions, such as:

• Mandatory 90 days in prison (with a conviction of one to five years).
• Probation of up to five years.
• Participation in an alcohol or drug education program.
• Clinical evaluation.
• Community service.
• Fines up to $5,000.

A felony DUI can have long-term effects, such as difficulty finding housing or work, taking away one’s ability to vote, and making it more difficult for military personnel to get security clearances.

FAQs

Q: Do I Need a Lawyer for a DUI Charge?

A: It is not a requirement to have a lawyer for a DUI charge, but it is highly recommended. Because DUI rules are complicated, a conviction can have serious repercussions, such as fines, jail time, license suspension, and a lifelong criminal record. An attorney can help you through the legal system, look through the evidence, and strive for plea agreements and lesser charges.

Q: How Much Does a DUI Lawyer Cost?

A: The cost of a DUI lawyer depends on the circumstances of the case. If the defendant has more serious charges, or if the case is more complex, the lawyer may likely cost more. Each lawyer also charges their own amount. Some of them charge by the hour, and some charge a flat rate. You may speak with your attorney about their rates and how they charge.

Q: What Counts as a DUI?

A: DUI charges are typically based on impairment brought on by drugs, alcohol, or both. A DUI charge may be brought against a driver who is 21 years of age or older if their blood alcohol concentration is 0.08 percent or more, 0.04 percent for commercial drivers, and 0.02 percent for drivers under 21.

Q: Can I Refuse a Breathalyzer Test if I’m Pulled Over for a DUI?

A: Yes, you have the option to decline a breathalyzer test, but Georgia’s implied consent law automatically suspends your driver’s license for a year in response. If you refuse, it could be used against you in court. Law enforcement may still arrest you with DUI if they find additional evidence of your impairment, even if you refuse the test. It’s critical to consider the consequences and recognize that declining could make your legal position more difficult to navigate.

Contact Jarrett Maillet, J.D., P.C.

If you or someone you know has been charged with DUI, contact Jarrett Maillet, J.D., P.C., for help.