We fully explore all of your legal options after a drunk driving arrest
An arrest for driving under the influence (DUI) of alcohol or drugs can disrupt your entire life, especially if you face jail time or a driver’s license suspension. If you’ve been accused of drunk driving, a trusted DUI lawyer with Nicholson Phillips in Marietta may be able to help. We deliver personal attention and creative legal strategies when you need them most. We’ve built a strong reputation throughout Canton and the surrounding areas for our high standards regarding conduct, ethics and diligence in DUI/DWI and other criminal law issues.
Your rights and obligations under implied consent law
The state of Georgia follows implied consent law, which means you must provide a blood or urine sample or take a Breathalyzer test if law enforcement officers request it. The police get to choose which type of test you take and will likely demand that you take it right away. Refusing these tests may result in the loss of your driver’s license for one year — or longer if it is not the first time you have done so. After refusing a test, you only have 30 days to challenge the suspension in a court hearing, so it’s critical to speak with a criminal defense lawyer as soon as possible.
Penalties for DUI
Our state’s laws call for some serious consequences for those convicted of DUI, including fines, jail time and a suspension of driving privileges. The following are the standard penalties for first, second, third and subsequent DUI convictions:
First offense. A first-time DUI conviction may include 24 hours to 12 months in jail, fines of up to $1,000 and a driver’s license suspension of up to a year.
Second offense. Those convicted of a second DUI within 10 years of the first may face a year in jail, fines of up to $1,000 and a driver’s license suspension that could last as long as three years. You may also be required to install an ignition interlock device (IID) in your vehicle.
Third offense. A conviction for a third offense calls for 15 days to a year in jail, fines of up to $5,000 and a five-year license suspension. Once you get your license back, you’ll likely need to install an IID in your car.
Fourth offense. A fourth-offense DUI may come with penalties of one to five years in jail, fines of up to $5,000 and an indefinite license suspension.
It’s important to note that these penalties may be more severe if you caused an accident or are accused of reckless driving while intoxicated. In addition to DUI, you could face a number charges related to traffic violations.