Attorney Scott Fortas – Experienced Georgia Drunk Driving Lawyer
Attorney Scott Fortas has been representing clients facing a DUI charge in Georgia since 2007. Our team of DUI lawyers has the experience to fight and win your case. If you are facing a DUI, or other serious charge, contact our office today for a free attorney consultation.
If you have any questions regarding a DUI charge, please call us 24/7 at (404) 933-1153 or click here for a free DUI case review.
Understanding Georgia DUI Laws
Georgia’s DUI laws are strict and come with severe penalties. Knowing these laws is crucial if you find yourself facing a DUI charge.
Key Points of Georgia DUI Laws
- Blood Alcohol Concentration (BAC) Limits: In Georgia, it is illegal to drive with a BAC of 0.08% or higher if you are over 21. For commercial drivers, the limit is 0.04%, and for drivers under 21, it is 0.02%.
- Implied Consent Law: By driving in Georgia, you automatically consent to chemical tests to determine your BAC. Refusing these tests can result in a one-year license suspension.
- Penalties for DUI: First-time offenders can face fines up to $1,000, jail time up to 12 months, mandatory DUI education programs, and community service. Repeat offenders face harsher penalties, including longer jail time and higher fines.
Potential Consequences and Outcomes of a DUI Charge
- Criminal Penalties: Jail time, fines, community service, and mandatory DUI education programs.
- Administrative Penalties: License suspension, increased insurance rates, and installation of an ignition interlock device.
- Long-term Impact: A DUI conviction can affect your employment opportunities, ability to obtain certain licenses, and can result in a permanent criminal record.
Frequently Asked Questions About DUI Charges in Georgia
What should I do if I am pulled over for a DUI?
- Remain calm and be polite.
- Provide your license, registration, and proof of insurance when asked.
- You have the right to remain silent and request an attorney.
- Avoid answering questions about your drinking.
Can I refuse a breathalyzer or field sobriety test?
- Yes, but refusing can result in a one-year license suspension under Georgia’s Implied Consent Law.
What are the penalties for a first-time DUI offense in Georgia?
- Penalties include up to 12 months in jail, fines up to $1,000, at least 40 hours of community service, DUI education programs, and a potential license suspension.
How can a DUI conviction affect my future?
- A DUI conviction can lead to increased insurance rates, difficulty finding employment, and a permanent criminal record. If a driver is under 21 years of age a DUI can be especially impactful.
Why Hiring a DUI Lawyer in Georgia is Important
Experienced and Trusted Advocate
Attorney Scott Fortas has years of experience and is well-versed in Georgia DUI laws. His knowledge and skill can help navigate the complexities of your case, ensuring the best possible outcome.
Personalized Defense Strategy
Every DUI case is unique. Our team of Georgia DUI defense lawyers will develop a personalized defense strategy tailored to the specifics of your situation, increasing your chances of a favorable outcome.
Protect Your Rights
A DUI lawyer ensures your rights are protected throughout the legal process. From the initial stop to court proceedings, Attorney Hawkins will ensure you are treated fairly and justly.
Mitigate Penalties
Finding an experienced Georgia DUI lawyer near me means a professional attorney will negotiate with prosecutors to reduce charges or penalties. This could mean the difference between a conviction and a dismissal or reduction of charges.
Buzzed Driving vs. Drunk Driving: Is There a Difference?
Understanding Buzzed Driving
Buzzed driving refers to operating a vehicle after consuming alcohol but before reaching the legal BAC limit of 0.08%. Many drivers assume that if they are below this limit, they are safe to drive. However, even a small amount of alcohol can impair judgment, reaction times, and coordination, leading to dangerous driving situations.
According to Georgia Law, there is no real difference between buzzed or drunk driving, a breathalyzer test is the only way to test the amount in your system.
Legal Implications of Buzzed Driving
While buzzed driving may not always result in a DUI charge, it can still lead to serious consequences:
- Field Sobriety Tests: If a law enforcement officer suspects impairment, you may be subjected to field sobriety tests. Failing these tests could result in a DUI charge, even if your BAC is below 0.08%.
- Less Safe DUI: In Georgia, you can be charged with a “Less Safe” DUI if the officer believes your ability to drive is impaired, even if your BAC is below 0.08%.
- Accidents and Liability: If buzzed driving leads to an accident, you could face civil liability and increased penalties, especially if injuries or fatalities occur.
Drunk Driving: Severe Penalties
Drunk driving, defined as operating a vehicle with a BAC of 0.08% or higher, is a more clear-cut offense with severe penalties:
- Higher Fines and Jail Time: Drunk driving typically results in higher fines, longer jail sentences, and more extensive community service requirements.
- License Suspension: A DUI conviction for drunk driving usually results in a longer license suspension, sometimes requiring the installation of an ignition interlock device upon reinstatement. If you are arrested for a DUI in Georgia you will have 30 days to hire a lawyer to file a request to stop your license suspension. If you do not do this, you will lose your license.
- Repeat Offenders: Penalties escalate with each subsequent offense. There are potential for felony charges after the third DUI.
It’s important to recognize that the effects of alcohol vary based on numerous factors. What may initially start as buzzed driving can quickly escalate to drunk driving, particularly if you underestimate the impact of the alcohol consumed.These include body weight, tolerance, and the amount of food consumed. Subsequently, it is wise to avoid driving if you’ve had any alcohol at all.
Free DUI Case Review
Contact our office today for a free consultation to discuss your case and understand your legal options. Call us 24/7, at (404) 315-9936 or contact our legal team for a free DUI case review. Let Attorney Scott Fortas fight for you and help you navigate this challenging time.
By choosing Attorney Scott Fortas and our Georgia drunk driving defense team, you are ensuring that you have a dedicated and experienced advocates on your side. Don’t face a DUI charge alone. Contact us today and take the first step towards protecting your future.
First Offense
- Possible jail time up to one year
- Fine of $300 minimum, up to $1,000
- License suspension of up to one year
- 40 hours of community service, minimum mandatory
- $210 license reinstatement fee
Second Offense within Five Years of First Offense
- Minimum mandatory 48 hours in jail, possible 90 days to one year
- Fine of $600 minimum, up to $1,000
- License suspension of three years
- Minimum 30 days community service
- $210 set license reinstatement fee
- A mandatory clinical evaluation and, if indicated, completion of a substance abuse
- treatment program at the offender’s expense
Third Offense within Five Years of Second Offense
- Minimum mandatory 15 days jail time
- Fine of $1,000 minimum, up to $5,000
- License revocation for five years
- Minimum mandatory 30 days community service
- Violator’s name, photo, and address published in local newspaper at violator’s expense
- Declared as habitual violator, the license plate for his/her vehicle will be seized by the sent to the court and forwarded to the Department of Motor Vehicle Safety
- Face a mandatory clinicalevaluation and, if indicated, completion of substance abuse treatment program at the offender’s expense
Open Container Law
The law defines “open alcoholic beverage container” as any bottle, can, or other receptacle that contains any amount of alcoholic beverage and: (1) is open or has a broken seal; or (2) the contents of which are partially removed.
The law prohibits anyone from consuming any alcoholic beverage, or possessing any open alcoholic beverage container in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway. Only a person who consumes an alcoholic beverage or possesses an open alcoholic beverage container will be charged with an open container violation; however, a driver who is alone in a motor vehicle shall be deemed to be in possession of any open alcoholic beverage container. Anyone who violates this law is subject to a fine not to exceed $200.
This provision does not apply to any passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or house trailer.
Aggressive Driving Law
A person commits the offense of aggressive driving when he/she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. Any person convicted of aggressive driving will be guilty of a misdemeanor of a high and aggravated nature and a six point assessment toward the suspension of their driver’s license.
All DUI convictions require completion of a DUI Drug or Alcohol Risk Reduction Program and a clinical evaluation (plus treatment, if indicated).
All Offenses of Georgia Impaired Driving Laws
The court shall order a person convicted of impaired driving to have an ignition interlock device attached to his/her vehicle for second and subsequent offenses within five (5) years, unless the court exempts the person due to financial hardship. This is required for any vehicle that is operated by the offender for a period of six (6) months.
License plates are also seized anytime a violator is convicted of a second or subsequent DUI within five (5) years.
Minors: In addition to court-imposed penalties, drivers between the ages of 15-21 who are convicted of impaired driving must delay obtaining their graduated license for 12 months. The BAC level for DUI for persons under 21 has been established at .02, while the level for adults is .08.
– See more at: http://www.gahighwaysafety.org/highway-safety/impaired-driving-laws/#sthash.XYdrykc9.dpuf
First Offense
- Possible jail time up to one year
- Fine of $300 minimum, up to $1,000
- License suspension of up to one year
- 40 hours of community service, minimum mandatory
- $210 license reinstatement fee
Second Offense within Five Years of First Offense
- Minimum mandatory 48 hours in jail, possible 90 days to one year
- Fine of $600 minimum, up to $1,000
- License suspension of three years
- Minimum 30 days community service
- $210 set license reinstatement fee
- A mandatory clinical evaluation and, if indicated, completion of a substance abuse
- treatment program at the offender’s expense
Third Offense within Five Years of Second Offense
- Minimum mandatory 15 days jail time
- Fine of $1,000 minimum, up to $5,000
- License revocation for five years
- Minimum mandatory 30 days community service
- Violator’s name, photo, and address published in local newspaper at violator’s expense
- Declared as habitual violator, the license plate for his/her vehicle will be seized by the sent to the court and forwarded to the Department of Motor Vehicle Safety
- Face a mandatory clinicalevaluation and, if indicated, completion of substance abuse treatment program at the offender’s expense
Open Container Law
The law defines “open alcoholic beverage container” as any bottle, can, or other receptacle that contains any amount of alcoholic beverage and: (1) is open or has a broken seal; or (2) the contents of which are partially removed.
The law prohibits anyone from consuming any alcoholic beverage, or possessing any open alcoholic beverage container in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway. Only a person who consumes an alcoholic beverage or possesses an open alcoholic beverage container will be charged with an open container violation; however, a driver who is alone in a motor vehicle shall be deemed to be in possession of any open alcoholic beverage container. Anyone who violates this law is subject to a fine not to exceed $200.
This provision does not apply to any passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or house trailer.
Aggressive Driving Law
A person commits the offense of aggressive driving when he/she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. Any person convicted of aggressive driving will be guilty of a misdemeanor of a high and aggravated nature and a six point assessment toward the suspension of their driver’s license.
All DUI convictions require completion of a DUI Drug or Alcohol Risk Reduction Program and a clinical evaluation (plus treatment, if indicated).
All Offenses of Georgia Impaired Driving Laws
The court shall order a person convicted of impaired driving to have an ignition interlock device attached to his/her vehicle for second and subsequent offenses within five (5) years, unless the court exempts the person due to financial hardship. This is required for any vehicle that is operated by the offender for a period of six (6) months.
License plates are also seized anytime a violator is convicted of a second or subsequent DUI within five (5) years.
Minors: In addition to court-imposed penalties, drivers between the ages of 15-21 who are convicted of impaired driving must delay obtaining their graduated license for 12 months. The BAC level for DUI for persons under 21 has been established at .02, while the level for adults is .08.
– See more at: http://www.gahighwaysafety.org/highway-safety/impaired-driving-laws/#sthash.XYdrykc9.dpuf
