DUIs in Alpharetta, Georgia

There are several different ways someone can be charged with driving while under the influence of drugs or alcohol (DUI) in Alpharetta, Georgia. These include:

• Driving or being in physical control of a motor vehicle after having consumed enough alcohol that it is unsafe to drive
• Driving or being in physical control of a motor vehicle after having consumed illegal drugs, such that it is unsafe to drive
• Driving or being in physical control of a motor vehicle after having consumed prescription drugs that influence the driver to the extent that it is unsafe to drive
• Driving or being in physical control of a motor vehicle after having inhaled glues, aerosols, or vapors that render the driver unsafe to drive
• Driving or being in physical control of a motor vehicle after having consumed enough alcohol that one's blood alcohol concentration is 0.08 or greater.

Consequences in DUI Cases

Many people are surprised to learn that when they are charged with a driving while under the influence of drugs or alcohol (DUI) case, they actually face consequences in two different court systems, the criminal court system and the civil court system.

Criminal Consequences in DUI Cases

In the criminal system, the consequences include:

• jail or prison time, depending on the seriousness of the charge
• a fine ranging from $400 to $5,000
• probation for 1 to 3 years
• community service between 40 hours and 480 hours
• DUI School
• Attendance of a Mothers Against Drunk Driving (MADD) Impact Panel

The amount of jail or prison time, the amount of the fine, the amount of community service, and the length of probation vary depending on whether this is your first, second, third, or fourth DUI violation.

Civil Consequences in DUI Cases

In addition to the consequences people face in criminal court, there are also administrative license suspensions and other consequences that come with a DUI charge. In Georgia, a person has 30 days to file an objection to the suspension of their license. Failure to do so can result in a lengthy suspension of your license as well as other consequences, including a hefty reinstatement fee. Drivers also face mandatory educational classes, a period of time where they may not have any driving privileges at all, as well as a time where driving privileges are limited by the use of an ignition interlock device.

Below is a chart of administrative penalties imposed by the state of Georgia, based on a driver's age, and the number of prior DUI convictions they have.

Consequences for DUI charges	15 years of age and under	16 – 20 years of age	21 years of age and older
1st DUI License Suspension	License suspended until age 17	BAC under 0.08 – 6 months; BAC 0.08 or more 12 months	120 days
2nd DUI License Suspension	License suspended to age 18	12 months	18 months
3rd DUI License Suspension	License suspended to age 18	12 months	Habitual violator
Fee for reinstatement on 1st DUI	$ 210	$ 210	$ 210
Fee for reinstatement on 2nd DUI	$ 310	$ 310	$ 210
Fee for reinstatement on 3rd DUI	$ 410	$ 410	$ 410
DUI School 1st DUI	Yes	Yes	Yes
DUI School 2nd DUI	Yes	Yes	Yes
DUI School 3rd DUI			Yes
Chemical Use Evaluation and/or Treatment 1st Offense	No	No	No
Chemical Use Evaluation and/or Treatment 2nd Offense	No	Yes	Yes
Chemical Use Evaluation and/or Treatment 3rd Offense			Yes
Ignition Interlock 1st offense	No	Not after conviction	No
Ignition Interlock 2nd Offense	No	Yes after 120 days with the permission of the court	Yes after 120 days with the permission of the court in most circumstances
Ignition Interlock 3rd Offense		With court permission after 120 days assuming certain other conditions have been met	Possibly after 2 years
Permit 1st Offense	No	No	Yes
Permit 2nd Offense	No	Yes after 1-year suspension	yes

How A Lawyer Can Assist with Administrative Penalties

If you challenge the administrative consequences that come with a DUI charge, you must do so within 30 days. In certain circumstances, a challenge to the imposition of administrative penalties can result in the return of your driving privileges. For example, in order to legally stop your car, the police must have probable cause to do so. This means they must observe some conduct that would allow them to pull the car over, or have another reasonable basis to stop you. If the stop is illegal, then any evidence the police find as a result of the stop must be suppressed. This is called the fruit of the poisonous tree doctrine.

Once the police stop your car, they may only detain you for a reasonable amount of time. If they extend the basis of the stop without probable cause, again the evidence discovered may not be used against you. Similarly, if the test is administered improperly, if the instruments are not calibrated correctly, or if the test results are not interpreted accurately--these things can result in the dismissal of both your criminal case and your civil case. However, this only happens if you challenge these issues properly and within the appropriate time frame.

Are You Facing Administrative Penalties?

If you are facing administrative penalties as well as criminal consequences based on a DUI charge, contact our office for a free consultation. Our DUI attorneys focus their practice exclusively on DUI cases. We are available 24 hours a day, seven days a week to discuss your case with you. Call today at 404.816.4440. We look forward to taking your call.