You’ve Been Charged with a Misdemeanor DUI in Douglas County: What to Expect

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In Douglas County, the mandatory minimum sentencing for a DUI (Driving Under the Influence) conviction varies based on factors such as prior offenses, whether the DUI resulted in injury, and whether the offense involves certain aggravating circumstances. Here’s a general overview:

  1. First Offense: For a first DUI offense, the minimum sentence generally includes:
    • A mandatory minimum of 24 hours in jail. You will generally receive credit for any time that you’ve already served. For example, if you served 12 hours immediately after your arrest, then you would have 12 more hours remaining to serve in custody. Some judges will suspend any remaining time.
    • A minimum of 40 hours of community service.
    • Completion of a DUI Alcohol or Drug Use Risk Reduction Program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $300 fine (excluding court costs)
  2. Second Offense: For a second DUI offense within 10 years:
    • A mandatory minimum of 72 hours in jail with credit for any time served.
    • A minimum of 240 hours of community service.
    • A longer period of probation and potentially longer mandatory completion of a DUI risk reduction program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $600 fine (excluding court costs)
  3. Third Offense: For a third DUI offense within 10 years:
    • A mandatory minimum of 15 days in jail.
    • A minimum of 300 hours of community service.
    • A longer period of probation and completion of a DUI risk reduction program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $1,000 fine (excluding court costs)
  4. Aggravating Factors: If there are aggravating factors such as high blood alcohol content (BAC) or causing serious injury or death, the minimum sentences can be more severe.

If you’ve been charged with a DUI do not hesitate. Call our office today at (404)581-0999.

License Consequences for DUI Convictions in the Municipal Court of Lawrenceville

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By: Attorney Erin Dohnalek

In Georgia, an individual may be charged with DUI under the following circumstances:

  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of any drug to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of a combination of any two or more controlled substances, which does include alcohol, to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while his/her alcohol concentration was .08 grams or more, or at any time within three hours after such driving ended.
  • If he/she was in actual physical control of a moving vehicle while there was any amount of marijuana or a controlled substance, as defined by O.C.G.A § 16-13-21, present in his/her blood or urine.

If an accused is convicted of a DUI in the Municipal Court of Lawrenceville, pursuant to O.C.G.A § 40-6-391, his/her license will be suspended. This is a mandatory suspension required by the Department of Driver’s Services. The length of the suspension is decided by how many prior DUI convictions he/she has had in the last five years. Those suspensions are as follows:

  • If the accused has not had a prior DUI conviction in the last five years:
    • The suspension will be for a period of 120 days.
    • During that suspension, the accused will be eligible for a limited permit to drive if he/she is a resident of Georgia, and he/she has not had a prior DUI conviction in the last five years.
    • After the 120-day license suspension, the accused will be eligible to get their permanent license back if he/she has completed a Risk Reduction Course, otherwise known as DUI school, and paid a $210 reinstatement fee.
  • If this is the second DUI conviction in the last five years for the accused:
    • The suspension will be for a period of 18 months.
    • For the first 4 months of the suspension, there will be a hard suspension with no eligibility for a limited permit. This means for the first 4 months, he/she will not be able to drive.
    • After the first 4 months, he/she may be issued a limited permit if he/she installs an ignition interlock in their vehicle.
    • After the full 18 months, the accused will be able to reinstate their permanent license if he/she has completed a substance abuse evaluation, and recommended treatment, and has shown proof of that completion to the Department of Driver’s Services.
  • The most serious license suspension happens to drivers who have been convicted of a third DUI in the last five years.
    • If that occurs, the driver will be considered a Habitual Violator.
    • This will require a 5-year license suspension, and there is no eligibility for a limited permit.
    • Only after two years can an accused be eligible for a probationary license to drive.
    • It is very important that the accused not drive if he/she is a Habitual Violator, as he/she could be arrested for a felony, if caught driving, that carries at least one year in jail.

Contact Us

Due to the severity of the license suspension consequences of a DUI conviction, it is of vital importance to speak with an experienced criminal defense attorney about your case. At the Law Offices of W. Scott Smith, our lawyers are trained to know every aspect of defending a DUI, we understand the defenses to the charge, we take pride in advocating for our clients’ constitutional rights, and we detail all options for our clients when defending their case. If you or a loved one has been charged with DUI in Lawrenceville, and you are worried about the license consequences associated with a conviction, please call our office today at 404-581-0999 for a free consultation.

You’ve Been Charged with a Misdemeanor DUI in Cobb County: What to Expect

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In Cobb County, the mandatory minimum sentencing for a DUI (Driving Under the Influence) conviction varies based on factors such as prior offenses, whether the DUI resulted in injury, and whether the offense involves certain aggravating circumstances. Here’s a general overview:

  1. First Offense: For a first DUI offense, the minimum sentence generally includes:
    • A mandatory minimum of 24 hours in jail. You will generally receive credit for any time that you’ve already served. For example, if you served 12 hours immediately after your arrest, then you would have 12 more hours remaining to serve in custody. Some judges will suspend any remaining time.
    • A minimum of 40 hours of community service.
    • Completion of a DUI Alcohol or Drug Use Risk Reduction Program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $300 fine (excluding court costs)
  2. Second Offense: For a second DUI offense within 10 years:
    • A mandatory minimum of 72 hours in jail with credit for any time served.
    • A minimum of 240 hours of community service.
    • A longer period of probation and potentially longer mandatory completion of a DUI risk reduction program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $600 fine (excluding court costs)
  3. Third Offense: For a third DUI offense within 10 years:
    • A mandatory minimum of 15 days in jail.
    • A minimum of 300 hours of community service.
    • A longer period of probation and completion of a DUI risk reduction program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $1,000 fine (excluding court costs)
  4. Aggravating Factors: If there are aggravating factors such as high blood alcohol content (BAC) or causing serious injury or death, the minimum sentences can be more severe.

If you’ve been charged with a DUI do not hesitate. Call our office today at (404)581-0999.

You’ve Been Charged with a Misdemeanor DUI in Fayette County: What to Expect

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In Fayette County, the mandatory minimum sentencing for a DUI (Driving Under the Influence) conviction varies based on factors such as prior offenses, whether the DUI resulted in injury, and whether the offense involves certain aggravating circumstances. Here’s a general overview:

  1. First Offense: For a first DUI offense, the minimum sentence generally includes:
    • A mandatory minimum of 24 hours in jail. You will generally receive credit for any time that you’ve already served. For example, if you served 12 hours immediately after your arrest, then you would have 12 more hours remaining to serve in custody. Some judges will suspend any remaining time.
    • A minimum of 40 hours of community service.
    • Completion of a DUI Alcohol or Drug Use Risk Reduction Program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $300 fine (excluding court costs)
  2. Second Offense: For a second DUI offense within 10 years:
    • A mandatory minimum of 72 hours in jail with credit for any time served.
    • A minimum of 240 hours of community service.
    • A longer period of probation and potentially longer mandatory completion of a DUI risk reduction program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $600 fine (excluding court costs)
  3. Third Offense: For a third DUI offense within 10 years:
    • A mandatory minimum of 15 days in jail.
    • A minimum of 300 hours of community service.
    • A longer period of probation and completion of a DUI risk reduction program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $1,000 fine (excluding court costs)
  4. Aggravating Factors: If there are aggravating factors such as high blood alcohol content (BAC) or causing serious injury or death, the minimum sentences can be more severe.

If you’ve been charged with a DUI do not hesitate. Call our office today at (404)581-0999.

You’ve Been Charged with a Misdemeanor DUI in Cobb County: What to Expect

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In Cobb County, the mandatory minimum sentencing for a DUI (Driving Under the Influence) conviction varies based on factors such as prior offenses, whether the DUI resulted in injury, and whether the offense involves certain aggravating circumstances. Here’s a general overview:

  1. First Offense: For a first DUI offense, the minimum sentence generally includes:
    • A mandatory minimum of 24 hours in jail. You will generally receive credit for any time that you’ve already served. For example, if you served 12 hours immediately after your arrest, then you would have 12 more hours remaining to serve in custody. Some judges will suspend any remaining time.
    • A minimum of 40 hours of community service.
    • Completion of a DUI Alcohol or Drug Use Risk Reduction Program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $300 fine (excluding court costs)
  2. Second Offense: For a second DUI offense within 10 years:
    • A mandatory minimum of 72 hours in jail with credit for any time served.
    • A minimum of 240 hours of community service.
    • A longer period of probation and potentially longer mandatory completion of a DUI risk reduction program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $600 fine (excluding court costs)
  3. Third Offense: For a third DUI offense within 10 years:
    • A mandatory minimum of 15 days in jail.
    • A minimum of 300 hours of community service.
    • A longer period of probation and completion of a DUI risk reduction program.
    • Mothers Against Drunk Driving (MADD) Victim Impact Program
    • $1,000 fine (excluding court costs)
  4. Aggravating Factors: If there are aggravating factors such as high blood alcohol content (BAC) or causing serious injury or death, the minimum sentences can be more severe.

If you’ve been charged with a DUI do not hesitate. Call our office today at (404)581-0999.

License Consequences for DUI Convictions in Municipal Court of Morrow

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By: Attorney Erin Dohnalek

In Georgia, an individual may be charged with DUI under the following circumstances:

  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of any drug to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of a combination of any two or more controlled substances, which does include alcohol, to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while his/her alcohol concentration was .08 grams or more, or at any time within three hours after such driving ended.
  • If he/she was in actual physical control of a moving vehicle while there was any amount of marijuana or a controlled substance, as defined by O.C.G.A § 16-13-21, present in his/her blood or urine.

If an accused is convicted of DUI in the City of Morrow, pursuant to O.C.G.A § 40-6-391, his/her license will be suspended. This is a mandatory suspension required by the Department of Driver’s Services. The length of the suspension is decided by how many prior DUI convictions he/she has had in the last five years. Those suspensions are as follows:

  • If the accused has not had a prior DUI conviction in the last five years:
    • The suspension will be for a period of 120 days.
    • During that suspension, the accused will be eligible for a limited permit to drive if he/she is a resident of Georgia, and he/she has not had a prior DUI conviction in the last five years.
    • After the 120-day license suspension, the accused will be eligible to get their permanent license back if he/she has completed a Risk Reduction Course, otherwise known as DUI school, and has paid a $210 reinstatement fee.
  • If this is the second DUI conviction in the last five years for the accused:
    • The suspension will be for a period of 18 months.
    • For the first 4 months of the suspension, there will be a hard suspension with no eligibility for a limited permit. This means for the first 4 months, he/she will not be able to drive.
    • After the first 4 months, he/she may be issued a limited permit if he/she installs an ignition interlock in their vehicle.
    • After the full 18 months, the accused will be able to reinstate their permanent license if he/she has completed a substance abuse evaluation plus recommended treatment and has shown proof of that completion to the Department of Driver’s Services.
  • The most serious license suspension happens to drivers who have been convicted of a third DUI in the last five years.
    • If that occurs, the driver will be considered a Habitual Violator.
    • This will require a 5-year license suspension, and there is no eligibility for a limited permit.
    • Only after two years can an accused be eligible for a probationary license to drive.
    • It is very important that the accused not drive if he/she is a Habitual Violator, as he/she could be arrested for a felony, if caught driving, that carries at least one year in jail.

Contact Us

Due to the severity of the license suspension consequences of a DUI conviction, it is of vital importance to speak with an experienced criminal defense attorney about your case. At the Law Offices of W. Scott Smith, our lawyers are trained to know every aspect of defending a DUI, we understand the defenses to the charge, we take pride in advocating for our clients’ constitutional rights, and we detail all options for our clients when defending their case. If you or a loved one has been charged with DUI in Morrow, and you are worried about the license consequences associated with a conviction, please call our office today at 404-581-0999 for a free consultation.

License Consequences for DUI Convictions in Municipal Court of Suwanee

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By: Attorney Erin Dohnalek

In Georgia, an individual may be charged with DUI under the following circumstances:

  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of any drug to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of a combination of any two or more controlled substances, which does include alcohol, to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while his/her alcohol concentration was .08 grams or more, or at any time within three hours after such driving ended.
  • If he/she was in actual physical control of a moving vehicle while there was any amount of marijuana or a controlled substance, as defined by O.C.G.A § 16-13-21, present in his/her blood or urine.

If an accused is convicted of DUI in the City of Suwanee, pursuant to O.C.G.A § 40-6-391, his/her license will be suspended. This is a mandatory suspension required by the Department of Driver’s Services. The length of the suspension is decided by how many prior DUI convictions he/she has had in the last five years. Those suspensions are as follows:

  • If the accused has not had a prior DUI conviction in the last five years:
    • The suspension will be for a period of 120 days.
    • During that suspension, the accused will be eligible for a limited permit to drive if he/she is a resident of Georgia, and he/she has not had a prior DUI conviction in the last five years.
    • After the 120-day license suspension, the accused will be eligible to get their permanent license back if he/she has completed a Risk Reduction Course, otherwise known as DUI school, and has paid a $210 reinstatement fee.
  • If this is the second DUI conviction in the last five years for the accused:
    • The suspension will be for a period of 18 months.
    • For the first 4 months of the suspension, there will be a hard suspension with no eligibility for a limited permit. This means for the first 4 months, he/she will not be able to drive.
    • After the first 4 months, he/she may be issued a limited permit if he/she installs an ignition interlock in their vehicle.
    • After the full 18 months, the accused will be able to reinstate their permanent license if he/she has completed a substance abuse evaluation plus recommended treatment and has shown proof of that completion to the Department of Driver’s Services.
  • The most serious license suspension happens to drivers who have been convicted of a third DUI in the last five years.
    • If that occurs, the driver will be considered a Habitual Violator.
    • This will require a 5-year license suspension, and there is no eligibility for a limited permit.
    • Only after two years can an accused be eligible for a probationary license to drive.
    • It is very important that the accused not drive if he/she is a Habitual Violator, as he/she could be arrested for a felony, if caught driving, that carries at least one year in jail.

Contact Us

Due to the severity of the license suspension consequences of a DUI conviction, it is of vital importance to speak with an experienced criminal defense attorney about your case. At the Law Offices of W. Scott Smith, our lawyers are trained to know every aspect of defending a DUI, we understand the defenses to the charge, we take pride in advocating for our clients’ constitutional rights, and we detail all options for our clients when defending their case. If you or a loved one has been charged with DUI in Suwanee, and you are worried about the license consequences associated with a conviction, please call our office today at 404-581-0999 for a free consultation.

DUI Roadblocks

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Believe it or not, roadblocks are not an end-all be-all scenario for impaired drivers. In fact, roadblocks must pass legal muster in order to be legally compliant.

Stopping All Vehicles: During a DUI roadblock, all vehicles passing through a checkpoint location must be stopped. This includes both cars and motorcycles.

Minimal Delay: The duration of each stop should be minimized to reduce inconvenience to motorists. Officers cannot unduly prolong the stop.

Identification of Law Enforcement: Officers must be clearly identifiable as law enforcement personnel, typically through uniforms and marked vehicles.

Reasonable Articulable Suspicion: Although DUI roadblocks involve stopping all vehicles, an officer can only detain a driver further if they have reasonable articulable suspicion that the driver is impaired or has committed another crime.

 

Defenses Against Unlawful Stops

Improper Planning or Authorization: If the roadblock was not authorized by supervisory personnel or was conducted in a manner that deviated from established guidelines, it could be challenged as unlawful.

Lack of Reasonable Suspicion: If an officer lacks reasonable suspicion to detain a driver beyond the initial stop, any evidence obtained thereafter may be suppressed.

If you’ve been charged with a DUI or other traffic offense in Georgia because of a roadblock, it’s important to know your rights. Give us a call TODAY.

DUI Less Safe: What is It?

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If you’ve been pulled over for a DUI you may have seen a charge on the citation saying “DUI Less Safe.” There’s a lot of confusion about what this actually means. What people most commonly think of is “DUI Per Se” meaning that the authorities have a numerical reading of your blood alcohol content through blood, breath, or urine. If you’re over 21 years old, that means your BAC was above a .08.

On the other hand, “DUI Less Safe” essentially means that the driver is considered less safe to operate a vehicle due to alcohol or drug impairment, regardless of whether they meet the specific BAC threshold for DUI Per Se. DUI Less Safe is common in two scenarios, the first being a refusal of tests that may indicate impairment due to a BAC reading. If a police officer sees certain driving and/or physical manifestations that could indicate alcohol impairment and the driver refuses to perform any sobriety tests, they will usually issue a citation with DUI Less Safe because they do not have the BAC reading to issue DUI Per Se. The second scenario when DUI Less Safe is used is when your blood, breath, or urine shows that there is alcohol in your system, but the BAC is less than .08. Although it may seem strange to receive a DUI when your BAC is under the legal threshold for DUI Per Se, it does happen because the officer has deemed the driver “less safe” to operate a vehicle due to impairment.

If you or a loved one has gotten pulled over for a DUI in Georgia don’t hesitate! Call our office TODAY.

License Consequences for DUI Convictions in Gwinnett Recorder’s Court

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By: Attorney Erin Dohnalek

In Georgia, an individual may be charged with DUI under the following circumstances:

  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of any drug to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of a combination of any two or more controlled substances, which does include alcohol, to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while his/her alcohol concentration was .08 grams or more, or at any time within three hours after such driving ended.
  • If he/she was in actual physical control of a moving vehicle while there was any amount of marijuana or a controlled substance, as defined by O.C.G.A § 16-13-21, present in his/her blood or urine.

If an accused is convicted of DUI in Gwinnett Recorder’s Court, pursuant to O.C.G.A § 40-6-391, his/her license will be suspended. This is a mandatory suspension required by the Department of Driver’s Services. The length of the suspension is decided by how many prior DUI convictions he/she has had in the last five years. Those suspensions are as follows:

  • If the accused has not had a prior DUI conviction in the last five years:
    • The suspension will be for a period of 120 days.
    • During that suspension, the accused will be eligible for a limited permit to drive if he/she is a resident of Georgia, and he/she has not had a prior DUI conviction in the last five years.
    • After the 120-day license suspension, the accused will be eligible to get their permanent license back if he/she has completed a Risk Reduction Course, otherwise known as DUI school, and has paid a $210 reinstatement fee.
  • If this is the second DUI conviction in the last five years for the accused:
    • The suspension will be for a period of 18 months.
    • For the first 4 months of the suspension, there will be a hard suspension with no eligibility for a limited permit. This means for the first 4 months, he/she will not be able to drive.
    • After the first 4 months, he/she may be issued a limited permit if he/she installs an ignition interlock in their vehicle.
    • After the full 18 months, the accused will be able to reinstate their permanent license if he/she has completed a substance abuse evaluation plus recommended treatment and has shown proof of that completion to the Department of Driver’s Services.
  • The most serious license suspension happens to drivers who have been convicted of a third DUI in the last five years.
    • If that occurs, the driver will be considered a Habitual Violator.
    • This will require a 5-year license suspension, and there is no eligibility for a limited permit.
    • Only after two years can an accused be eligible for a probationary license to drive.
    • It is very important that the accused not drive if he/she is a Habitual Violator, as he/she could be arrested for a felony, if caught driving, that carries at least one year in jail.

Contact Us

Due to the severity of the license suspension consequences of a DUI conviction, it is of vital importance to speak with an experienced criminal defense attorney about your case. At the Law Offices of W. Scott Smith, our lawyers are trained to know every aspect of defending a DUI, we understand the defenses to the charge, we take pride in advocating for our clients’ constitutional rights, and we detail all options for our clients when defending their case. If you or a loved one has been charged with DUI in Gwinnett County, and you are worried about the license consequences associated with a conviction, please call our office today at 404-581-0999 for a free consultation.