First DUI Defense and Penalties in Georgia

Are you looking for an experienced and qualified 1st Offense DUI Attorney? We understand the stress and anxiety that accompany a DUI arrest. A 1st offense DUI arrest is incredibly stressful, and you are undoubtedly concerned about the court-imposed consequences that may result from a DUI conviction. The court may impose conditions, including, but not limited to probation, jail, fines, community service, DUI school, a license suspension, and a substance-abuse evaluation.

WHAT ARE THE MANDATORY CONDITIONS OF A 1ST IN 10 YEARS DUI CONVICTION IN GEORGIA?

O.C.G.A. 40-6-391 requires the following conditions be imposed upon a 1st DUI conviction in 10 years:

(A) A fine of not less than $300.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender’s alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph;

(C) Not fewer than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person’s alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her conviction; provided, however, that if the defendant is incarcerated and such program cannot be completed within 120 days, it shall be completed within 90 days of his or her release from custody. The sponsor of any such program shall provide written notice of the Department of Driver Services’ certification of the program to the person upon enrollment in the program;

(E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court’s discretion such evaluation may be waived; and

(F) If the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated.

SOME CONSEQUENCES OUTSIDE OF THE COURTROOM CAN BE WORST PART OF A DUI CONVICTION.

In addition to those severe court-imposed consequence, there are collateral consequences that must be considered for every 1st offense DUI charge. Among those collateral consequences are employment consequences, professional licensing consequences, insurance consequences, and a permanent criminal history.

You deserve representation from an attorney that understands the significance of a DUI conviction. Ben Sessions of Sessions & Fleischman is 1 of only 5 attorneys to be Board Certified in Georgia DUI Defense. He understands the significance of these charges, and, more importantly, understands the strategic considerations necessary to obtain the very best result in your case. Because your future can be so dramatically impacted by a DUI conviction, you should not leave your representation to chance.

Contact Ben Sessions today at (470) 225-7710 for a free consultation to discuss the best way to move forward with your case.