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.

License Consequences for DUI Convictions in Union City Municipal 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 a DUI in Union City, Georgia, 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 a DUI in Union City 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 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.

Help! I Failed to Appear in Johns Creek Municipal Court!

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If you miss court in the John Creek Municipal Court, you are likely in FTA status. This means that you failed to appear for your court date and it is probable that your driver’s license has been suspended. The tricky thing about FTAs is that you likely don’t even know that you missed court until you are pulled over and an officer tells you that your license is suspended.

The court will not lift your FTA suspension until you deal with the underlying traffic charge. This could mean just paying a fine, but it may also require an in court appearance. An experienced lawyer can help you navigate the process quickly and effectively and get you on the road to reinstating your license.

The lawyers at W. Scott Smith are experienced at helping clients resolve FTAs and guiding clients in the best way to resolve the underlying traffic charge. Call us today at 404-581-0999 for a free consultation on how to move forward, resolve the FTA, and have your driver’s license reinstated.

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.

Look Ma, No Hands- Georgia’s Hands-Free Law

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Beginning July 1, 2018, Georgia implemented its Hands-Free law which aims to reduce distracted driving incidents by restricting cellphone use while driving. Drivers are prohibited from holding a cellphone or any stand-alone electronic device (iPad, etc.) with any part of their body. However, drivers are permitted to use hands-free technology like Bluetooth and earpieces for phone calls and navigation. The law does allow for exceptions like if you’re calling an emergency service.

If you’re caught using your phone or texting while driving, the first offense is a $50 fine and one point on your record. If you attend a court-approved distracted deriving program, the judge can decide to waive the fine. Additionally, many municipalities will give you a warning for a first offense. A second offense would result in a fine of $100 and two points on your record. For your third offense and every offense thereafter, you can expect a fine of $150 and three points on your record. Keep in mind that if you accumulate 15 points within 24 months on your record, your license will be suspended. These penalties can be fairly straight forward, but violating the Hands-Free law can be deemed “distracted driving.” If you are violating the Hands-Free law and cause serious injury or death of another person, you will likely be facing felony charges with enhanced fines.

If you get pulled over for using your phone while driving, do not hesitate! Give us a call NOW.

I Got Caught Speeding. Now What?

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If you’ve spent any time driving in Atlanta, I’m sure you’ve either witnessed another driver speeding or sped yourself. Ramifications from a speeding ticket vary based on your speed:

  • 15-18 mph over: 2 points
  • 19-23 mph: 3 points
  • 24-33 mph: 4 points
  • 34+: 6 points

In Georgia, if you accumulate 15 points in a 24 month period, your license will be suspended. If you are looking to reduce the number of points on your license, we always recommend taking a DDS-approved Defensive Driving course. A certificate of completion from one of these driving courses can reduce the number of points on your license by seven within a five year period.

The fine amount will depend on your exact speed but can range anywhere between $25-$1,000 or more. It is important to note that if you are traveling 75 mph+ on a 2-lane highway or 85+ on a 4-lane highway, you will be subject to a super speeder fine. In Georgia, this means that there is an additional $200 fine. You must pay the super speeder fine within 120 days or you will face a license suspension.

If you’re caught speeding, give our office a call IMMEDIATELY. Know your rights!