Georgia Criminal Law – Possession of Firearm by Convicted Felon

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A felony conviction has serious consequences. It remains on your criminal record permanently, making jobs and housing extremely difficult to obtain. Aside from incarceration, probation, fines, counseling, and other conditions the sentencing judge may impose, a felony conviction also strips away certain constitutional rights. One of these rights is the right to possess a firearm. In enacting the below statute prohibiting the possession of a firearm by a convicted felon, the General Assembly has sought to keep guns out of the hands of those individuals who by their prior conduct have demonstrated they may not possess a firearm without being a threat to society. This article will explain the three key components of the criminal offense, the punishment, and defenses.

The Offense

It is illegal for any person who has been convicted of a felony to possess a firearm. O.C.G.A. § 16-11-131.

Felony convictions include: any person who is on felony first offender probation, felony conditional discharge probation, or has been convicted of a felony in Georgia or any other state (also includes U.S. territories and courts of foreign nations).

A “firearm,” includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. Therefore, toys or non-functioning replicas do not qualify as weapons. However, it is important to note that even disassembled firearms or even projectiles by themselves constitute “firearms” under the statute.

To prove possession, the prosecution must establish has two requirements, a culpable mental state and the act of possessing a firearm. First, the prosecution must establish the person knowingly possessed  a firearm. Knowledge can be proven through direct evidence (person’s statement admitting possession) or through circumstantial evidence (firearm found on person’s bed side table and nobody else had access to the house). Possession can be further broken down into two categories, actual and constructive possession. Actual possession is what it sounds like. If you have a firearm in your hand (or holster, or in your waistband), you are in actual possession of a firearm. Constructive possession, however, is a situation where you have control or dominion over property without being in actual possession of it. For example, imagine you are seated in the front passenger seat of a vehicle along with the driver. The vehicle is pulled over, searched by police, and illegal drugs are found in the center console. Although neither you nor the driver was in actual possession of the drugs, you are both arguably in constructive possession of the drugs because of your mutual ability to access and control of the drugs.

Punishment

A person convicted of possession of a firearm by a convicted felon shall be sentenced to no less than one year and no more than ten years. If this is a second or subsequent conviction, the person shall be sentenced to prison for no less than five and no more than ten years. If the underlying felony was a “forcible felony” the person shall be sentenced to five years imprisonment. A forcible felony is defined as, “any felony involving the use or threat of physical force or violence against any person . . .”

Defenses

There are several defenses available to a person charged with this offense. One is to challenge the underlying conviction. If the conviction is not a felony or was a felony but was discharged under the First Offender Act or conditional discharge sentence, then there is no underlying felony. This offense also does not apply to those who have been convicted but had their convictions pardoned by the state.

The next available defense is to challenge the required mental state; that the person was “knowingly” in possession of a firearm. You cannot be in possession of something that you have no knowledge of.

The defense may also challenge whether the person was in constructive possession. In Harvey v. State, the court found insufficient evidence the defendant was in constructive possession of a firearm (by a convicted felon) even though defendant’s name appeared on documents in closet of apartment where firearm was found; the gun was found on the floor next to an unidentified individual, defendant’s name was not on the lease, and defendant had no belongings inside the apartment. 344 Ga.App. 7 (2017).

Contact Us

If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

Criminal City Ordinance Violations in Metro Atlanta, Georgia

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More and more municipalities are beginning to charge their citizens with city ordinance violations instead of state law violations when they are arrested for breaking the law in Georgia. Especially in municipalities like Atlanta and Sandy Springs. These violations are similar to their state law counterparts, charges like Disorderly Conduct, Theft by Shoplifting, and Possession of less than an ounce of Marijuana, but they have a different impact on your criminal history.

Police Officers will tell you they are cutting you a break when they only charge you with a city ordinance violation. They will often say, “don’t worry, it won’t show up on your criminal history.” That statement is only partly true. Every time you get fingerprinted after an arrest, whether it’s a city ordinance or a state law violation, a cycle will be created on your Georgia Criminal History. That cycle may only say city ordinance non-fingerprintable offense, but it will by a cycle on your history. Also the clerk’s office in the municipality where you were arrested or cited will have a record of your charge in their office. Many private background check companies go to all of the municipal courts in your area and search your name and date of birth for cases.

Having an attorney to represent your city ordinance violation in cities like Sandy Springs, Dunwoody, Atlanta, Alpharetta, and Roswell will give you the best opportunity to make sure your case is dismissed and your record is restricted. Call us today for a free consultation, 404-581-0999.

Georgia Criminal Law: Stalking and Aggravated Stalking

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Statutory Law

O.C.G.A. § 16-5-90(a) provides that “[a] person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.”

“Contact,” has been broadly defined as, “any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received.”  

Furthermore, “harassing and intimidating,” is defined as, “a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person’s safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. 

A person who commits the offense of stalking is guilty of a misdemeanor (up to 12 months in jail and $1,000 fine or both). If convicted of stalking a second time (or any subsequent conviction) the person will be punished as a felony and can be sentenced to at least one year in jail and no more than ten years in jail.

A person who commits the offense of stalking (as defined above) in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, good behavior bond, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection is guilty of aggravated stalking.

Aggravated stalking is a felony punishable by imprisonment no less than one year, but no more than ten years and a fine not greater than $10,000.

Case Examples

In, Wright v. State, 292 Ga. App. 673, 665 S.E.2d 374. (2008), the evidence in this case was insufficient to support an aggravated stalking conviction. The defendant and the “victim” had a lengthy on-and-off relationship. The incident in question did not involve “a pattern of intimidating and harassing behavior that placed the woman in reasonable fear for her safety.” OCGA § 16-5-90(a)(1).

Similarly, in Autry v. State, 306 Ga. App. 125, 701 S.E.2d 596 (2010), the defendant was charged with stalking. The evidence showed that he was parked in a parking lot and watched a woman enter and then exit a store. He then followed her to another store, where she entered and exited. He then followed her briefly, but drove in a different direction eventually. This evidence did not suffice to sustain a stalking prosecution. The conduct did not amount to a pattern of harassing and intimidating behavior.

In a juvenile case, a police officer and the juvenile had a previous run-in. The juvenile, a passenger in a pick-up, was seen pulling into the officer’s driveway, waiting a few minutes and then leaving. This evidence did not support a stalking conviction. In re C.C., 280 Ga. App. 590, 634 S.E.2d 532 (2006).

In, Bradley v. State, 252 Ga. App. 293, 556 S.E.2d 201(2001), the defendant threatened the victim and was arrested. A restraining order was entered barring him from contacting the victim again. Subsequently, the defendant and the victim ignored the restraining order and contacted each other. Later, the victim called the police and complained that the defendant was at the apartment and threatened her. The defendant’s conviction for aggravated stalking was affirmed. The fact that the parties ignored the restraining order for a period of time did not vitiate the order or immunize the defendant from prosecution for violating the order. The violation of the restraining order was a “public wrong” that may not be condoned by the victim.

A person may commit the offense of aggravated stalking even if the victim is not aware of the defendant’s actions. In this case, in violation of the defendant’s bond order, he went to the victim’s house and looked in the garage. The victim was not aware that he had done so. Nevertheless, this conduct amounted to aggravated stalking. Jagat v. State, 240 Ga. App. 822, 525 S.E.2d 388 (1999).

In, Jerusheba v. State, 226 Ga. App. 696, 487 S.E.2d 465 (1997), the defendant’s conduct was sufficient to convict the defendant of stalking where the defendant sent numerous letters to the victim that were lurid, detailed and graphic descriptions of his sexual aspirations concerning the victim, with whom he had no prior relationship of any substance (they saw each other on the bus, occasionally).

Contact Us

If you or someone you know has been arrested for stalking, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here

Drug Trafficking in Clayton County Georgia – Hartsfield-Jackson Airport

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Imagine you have just flown into Hartsfield Jackson International Airport. You get off the plane and proceed to your luggage carousel. After you grab your bag, you are approached by several men who identify themselves as law enforcement. They ask to search your luggage and you agree. A search reveals a large quantity of drugs and you have no idea how they got there. You are now facing drug trafficking charges in Clayton County, Georgia.

Drug trafficking charges are different from other drug crimes, such as possession, possession with intent to distribute, drug distribution, and drug manufacturing. The key difference between drug trafficking and these other drug charges is quantity. Because of the large amount of drugs involved in trafficking charges, the punishment is significantly higher and may result in the imposition of a mandatory minimum prison sentence.

This blog serves to explain the drug trafficking laws and how these cases are handled in Clayton County, Georgia. Why Clayton County? Clayton County is a hotbed for drug trafficking because the Hartsfield Jackson International Airport is located within its borders. Therefore, it is important to know what to expect from the prosecutors (District Attorney’s Office) and the Court itself when facing these charges.

The Law

O.C.G.A. § 16-13-31, makes it a criminal offense to sell, manufacture, delivers, or brings into the State, cocaine, illegal drugs, and marijuana is guilty of drug trafficking. The code section separates the law by drug and by quantity.

Trafficking cocaine is defined as any person who sells, manufactures, delivers, or brings into this state or knowingly possesses 28 or more grams[1] of cocaine. If the quantity of cocaine is between 28 grams and 200 grams, the person shall be sentenced to a mandatory minimum prison sentence of 10 years and shall pay a fine of $200,000. If the quantity of cocaine is between 200 grams and 400 grams, the person shall be sentenced to a mandatory minimum prison sentence of 15 years and shall pay a $300,000 fine. Lastly, if the quantity of cocaine is 400 grams or more, the person shall be sentenced to a mandatory prison sentence of 25 years and shall pay a fine of $1,000,000.

For morphine and opium (including heroin), a person is guilty of trafficking if they sell, manufacture, deliver, bring into this state, or possess 4 grams or more of the substance. If the quantity involved is between 4 and 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment for 5 years and shall pay a fine of $50,000. For between 14 grams and 28 grams, the sentence is at least 10 years in prison and a fine of $100,000

Trafficking marijuana is defined as selling, manufacturing, growing, delivering, or possessing more than 10 pounds or marijuana. If the amount of marijuana is greater than 10 pounds but less than 2,000 pounds, the law requires a mandatory minimum 5 year prison sentence plus a $100,000 fine. If the quantity involved is greater than 2,000 pounds but less than 10,000 pounds, there is a 7 year mandatory minimum prison sentence plus a $250,000 fine. Finally, if the quantity of marijuana is greater than 10,000 pounds, the person shall be sentenced to a mandatory minimum prison sentence of at least 15 years as well as a fine of $1,000,000.

For methamphetamine and/or amphetamine, any person who sells, delivers, or brings into this state or who possesses 28 grams or more is guilty of trafficking. If the quantity is greater than 28 grams but less than 200 grams the person shall be sentenced to a mandatory minimum prison sentence of 10 years and pay a fine of $200,000. For quantities greater than 200 grams but less than 400 grams, it is a 15 year mandatory minimum prison sentence plus a $300,000 fine. If the quantity is greater than 400 grams, the mandatory minimum prison sentence is 25 years plus a $1,000,000 fine.

Although the above sentences are described as “mandatory minimum prison” sentences, there are a few limited ways in which someone convicted of trafficking may be sentenced to less prison time than what is required by the mandatory minimums: (1) If the defendant provides “substantial assistance” to the government in identifying, arresting, and/or convicting other people involved in the drug conspiracy, the prosecutor may move the court to reduce or suspend part or all of the defendant’s sentence; (2) by agreement of the parties through a “negotiated plea”; or (3) the judge may depart from these mandatory minimums if certain mitigating factors exist (no prior felonies, no firearm used, defendant not head of conspiracy, nobody was injured as a result of criminal conduct, or if the interests of justice would not be served by imposing a mandatory minimum sentence).

Clayton County

If you have been arrested in Clayton County for drug trafficking, the first and most important step is getting a bond. Only a superior court judge may set bail on a trafficking charge. When considering whether to grant a bond the judge analyzes four factors, whether the defendant is a significant risk of:

  1. Fleeing from the jurisdiction of the court
  2. Posing a threat or danger to any person
  3. Committing a felony while on pre-trial release
  4. Intimidating witnesses

An experienced attorney may be able to get the prosecutor to consent to a bond in the case if you have ties to the community and meet the above factors. In Clayton County, bonds for trafficking range from $65,000 up to $125,000. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc.). There is always the possibility, however, that a judge will deny setting a bond in the case, even if the bond was consented to. If the prosecutor will not agree to a bond, then the defendant will have to go before the judge and offer evidence of defendant’s ties to the communities (length of residence, family ties, employment status and history, history of responding to legal process – failure to appears or probation violations, lack of criminal history). The judge will normally set a “surety bond” where the defendant is only responsible for posting 10% of the overall bond amount and a bond company pays the rest (percentage varies depending on bond company).

If a bond is granted, the next step is fighting the case. Once all the evidence is gathered through the discovery process and our firm’s own independent investigation, we then communicate with the Clayton County District Attorney’s Office in an attempt to discuss a resolution. If these preliminary discussions are to no avail, we then proceed to file a “motion to suppress” illegally obtained evidence. If granted, the prosecution would not be able to proceed with the case. If denied, and the prosecutor is unwilling to dismiss or reduce the charges then we would be fully prepared to try the case before a jury. There are several defenses available to someone charged with drug trafficking:

  1. Insufficient Drug Quantity (a motion to inspect evidence could reveal the weight of the substance does not meet the quantity as required in order to charge trafficking)
  2. No Possession  – Actual or Constructive (this defense asserts the defendant did not knowingly possess the substance in question, directly or indirectly)
  3. Equal Access to Drugs (this defense relates to other individuals having access to the container or area in which the drugs were found, thereby raising doubt that the defendant knowingly possessed the drugs)
  4. Illegally Obtained Evidence (this is the basis of a successful motion to suppress)

Contact Us

If you or someone you know has been arrested for drug trafficking, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

[1] With a minimum purity of 10% or more of cocaine as described in Schedule II

Georgia DUI Law – Necessity Defense to a DUI Charge

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There are many legal challenges and defenses available to defendants in a DUI case. One of these defenses is an “affirmative defense.” An affirmative defense is one in which the defendant argues that, even if the allegations of the indictment or accusation are true, there are circumstances that support a determination that he cannot or should not be held criminally liable. In the context of a DUI, the defendant would be arguing to the judge or jury that the defendant was in fact DUI, but the defendant is justified or excused in driving under the influence. One justification defense[1] to DUI is “necessity.”   

Under federal law[2], the doctrine of necessity requires:

1) the defendant reasonably believed that a danger or emergency existed that he did not intentionally cause; 2) the danger or emergency threatened significant harm to himself or a third person; 3) the threatened harm must have been real, imminent, and impending; 4) the defendant had no reasonable means to avoid the danger or emergency except by committing the crime; 5) the crime must have been committed out of duress to avoid the danger or emergency; and 6) the harm the defendant avoided outweighs the harm caused by committing the crime.

In 1991, the Georgia Supreme Court reversed a conviction for DUI because a jury could have found driving under the influence was justified when Defendant was driving 8 ½ month pregnant wife to the doctor.[3] 

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If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

[1] O.C.G.A. § 16-3-20

[2] Manners v. Cannella, 891 F.3d 959, 11th Cir. (2018)

[3] Tarvestad v. State, 261 Ga. 605 (1991)

Released on Copy of Citation in Georgia – Is it Still a Crime?

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In Georgia, you don’t have to be arrested to be charged with a crime. All traffic offenses and certain other crimes allow officers to release you on a copy of citation. This includes city ordinance violations in many Georgia municipalities, all traffic offenses including DUI, some drug crimes, minor theft cases, and other crimes and misdemeanors. Just because you haven’t been arrested does not mean you aren’t facing a serious criminal charge that could be on your criminal record forever.

The good news is that because you weren’t arrested and fingerprinted, it means that arrest is not on your criminal history right now. But it very well could be later, and it is important to have the right Georgia criminal defense attorney on your side to prevent that citation from hurting you later.

The right Georgia criminal defense attorney can acquire all the evidence in the case and do everything they can to try and prevent you from being fingerprinted later and a cycle appearing on your Georgia Criminal History. Many municipalities require fingerprinting after conviction, or sometimes if you request a jury trial on your case. Once you are fingerprinted, that charge may appear on your Georgia criminal history and be available to people running background checks.

Also, just because you aren’t fingerprinted, doesn’t mean there is not a record of your case in the Clerk’s office where you are charged. Many background check companies are now going directly to local Clerk’s offices in your area looking for open and closed cases with your name and date of birth. Even if you weren’t arrested, and often if a case is dismissed and proper procedures aren’t taken, the charges of your case still show up in the Clerk’s record, potentially impacting your ability to find work in Georgia.

Our office of criminal defense attorneys will do everything we can to protect your criminal history. Call us today for a free consultation at 404-581-0999.

Georgia DUI Law: Calendar Call

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There are several court dates in the life of a DUI case. The first court date is arraignment. This is where the court formally notifies the defendant of the charges and asks the defendant whether they plead guilty or not guilty. After arraignment, the case is then scheduled for a “calendar call,” court date.

What is Calendar Call?

The purpose of calendar call is for the parties to appear in court and “announce” to the judge the status of the case. This way, the judge will know whether the case is going to be a trial, a plea, or if the case needs to be continued due to an outstanding issue (missing evidence, witness unavailability, accountability court applications, scheduling conflicts, etc.). Calendar calls promote judicial efficiency.

Who Must Appear?                                                             

Unrepresented defendants must appear at calendar call. Failure to appear will cause a bench warrant to be issued for your arrest and forfeiture of your bond. At calendar call, an unrepresented defendant who does not desire to hire an attorney may announce “pre-trial” at calendar call. This announcement signals to the judge that the defendant wishes to have a brief conversation with the prosecuting attorney about the case in an effort to reach a resolution. In this “pre-trial” conference, the defendant should ask the State what their offer is on the case. If acceptable, then accept. If the offer is unacceptable, or confusing, or seems fishy, the defendant should hire a lawyer. It is important to remember any statements the unrepresented defendant makes to the prosecutor can be used against the defendant at trial.

Represented defendants may have to appear at calendar call, depending on the judge. Most judges will allow the attorney to appear and make an announcement on the defendant’s behalf. Therefore, it is critically important attorneys know the judge’s preferences in advance of court as to avoid a possible bench warrant. If a judge is particular about represented defendants appearing in court, the attorney may still be able to excuse the defendant by filing a “waiver of presence,” with the court. This is simply a notarized document signed by defendant stating they waive the right to be present. Furthermore, some judges will allow attorneys to make their calendar call announcements via email in advance of court. This saves the attorney and possibly the defendant a trip to court.

Contact Us

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

Georgia DUI Law: How a DUI Becomes a Felony

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The vast majority of DUI arrests are charged as misdemeanors in Georgia. There are certain circumstances, however, that will cause the DUI charge to be elevated from a misdemeanor to a felony. This article serves to explain the three major ways a driver in Georgia could obtain a felony DUI charge.

Multiple Prior DUI Convictions

A fourth DUI arrest within a ten year period[1] that results in a conviction is punishable as a felony. A first, second, or third DUI conviction in a ten year period will be treated as a misdemeanor, although the third conviction will be a high and aggravated misdemeanor.

If convicted of a fourth offense within a ten year period, the judge has the authority to impose a prison sentence between one and five years (all of which may be on probation except 90 days).

Causing Serious Injury or Death

You can be charged with a felony if you seriously injure another person while driving under the influence. Under O.C.G.A. 40-6-394(b), “[a]ny person who, without malice aforethought, causes an accident that results in bodily harm while violating Code Section 40-6-390 or 40-6-391 commits the crime of serious injury by vehicle. A person convicted of violating this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years.” Bodily harm is defined as, “an injury to another person which deprives him or her of a member of his or her body, renders a member of his or her body useless, seriously disfigures his or her body or a member thereof, or causes organic brain damage which renders his or her body or any member thereof useless.”

Similarly, “[a]ny person who, without malice aforethought, causes the death of another person . . . [while driving under the influence] shall be punished by imprisonment for not less than three years nor more than 15 years. O.C.G.A 40-6-393.

High Risk Operator

The law recognizes people who are convicted of DUI should be punished more severely because they are transporting children at the time of impaired driving. This occurs in two ways.

A third conviction of DUI child endangerment will result in a felony charge. This offense is punishable by one to five years imprisonment and a fine of $1,000 to $5,000.

Finally, under O.C.G.A. 40-6-391.3, a school bus driver convicted of DUI while driving a school bus is punishable as a felony. The school bus driver will face a one to five year prison sentence and a fine between $1,000 and $5,000.

Contact Us

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

[1] Measured from the dates of arrest (but only since July 1, 2008). Arrests resulting in convictions prior to this date do not apply towards the total number of arrests for this purpose.

Georgia DUI Law: Motion to Suppress

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A motion to suppress seeks to exclude illegally obtained evidence based upon a constitutional violation.[1] The purpose of a motion to suppress is to determine, before trial, whether particular evidence will be admissible at trial. If the judge finds the evidence is not admissible, the prosecuting attorney may determine they cannot go forward on the case and dismiss it entirely. If the judge rules the evidence is admissible, the defendant may be more inclined to enter a guilty plea knowing the objected to evidence will be admitted.

A motion to suppress must:

  • Be made in writing
  • Raise a constitutional ground or basis
  • Allege sufficient facts to place the prosecution on notice of the claim of unlawfulness
  • Be filed no later than 10 days after arraignment (unless judge allows for extension in writing)

A failure to comply with these requirements could result in a waiver of your motion and ability to resolve these issues before a trial.

Once a motion to suppress has been filed, the burden of proving the lawfulness of the legal issues raised is placed on the State. A defendant is general entitled to an evidentiary hearing unless the parties agree to the facts. If so, the judge may rule on the motion without a hearing as a matter of law. The hearing must occur outside the presence of a jury.

For example, in the context of a DUI case, a defendant should file a motion to suppress the results of a chemical test (ex. breath or blood) if there was insufficient probable cause to arrest. The prosecutor would have to call the arresting officer to court and prove to a judge there was probable cause to arrest. Not only could a judge rule in your favor, but a defendant also receives the benefit of officer testimony made under oath. Therefore, if the officer later testifies at trial to something inconsistent with what that officer said at the motion to suppress, the officer’s prior inconsistent statement could be used to impeach that officer (showing they are not credible). 

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[1] A motion to suppress does not apply to (1) attacks on the validity of charging documents (accusations or indictments); (2) chain of custody issues; or (3) to testimony. 

Georgia DUI Law – What a Georgia DUI Costs

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In 2018, there were 21,784 DUI convictions in Georgia. A DUI arrest and conviction has serious consequences. Among those consequences, you can expect to pay a significant amount of money in defending the case. This article serves to provide a general idea of what it costs to be arrested and convicted of DUI.

  1. Bail/Bond: $150 – $2,500. Cost of bail in a DUI arrest depends on a variety of factors including but not limited to prior criminal history, case facts, and ties to the community.
  2. Towing: $50 – $200. The cost of towing and impounding a car can increase daily.
  3. Insurance Increase: $4,500 or more. Depending on your insurance carrier and driving history, your rates could double, triple or even quadruple over a period of three to five years.
  4. Legal Fees: $2,000- $25,000.
  5. Fines: $300 – $5000. These base fines vary depending on the nature of your offense and any prior DUI’s. These base fines do not include statutory court costs which can increase the base fine by 50% or more. 
  6. Alcohol Evaluation: $95 – $300. The law requires completion of an alcohol and drug evaluation and treatment if recommended by the evaluator.
  7. Classes: $500 – $4,000. As part of a DUI conviction you will be required to complete a Risk Reduction class (also referred to as “DUI School”). This class costs $350. You are also required to complete a Victim Impact Panel which costs roughly $100.
  8. License reinstatement fees: $210 – $410. License reinstatement generally costs $210. However, depending on your history, you could be required to install an ignition interlock device on your vehicle in order to reinstate your license. You would have to pay for the installation of the device plus daily maintenance costs.

Contact Us

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.