If you have been arrested for driving under the influence in Georgia as a repeat offender, it may be time to look into hiring a Decatur, GA, 2nd, 3rd, and 4th DUI lawyer who has experience dealing with cases like yours.
A second, third, or fourth DUI charge can have much more severe penalties compared to those of a first offense. Oftentimes, these punishments include extended license suspensions, higher fines, longer mandatory jail sentences, and a permanent criminal record.
It can be difficult to navigate the legal complexities of these offenses, as they are often overwhelming. Without the assistance of an experienced DUI lawyer who deals with repeat offenders, the outcome of your case could be disastrous.
Driving Under the Influence laws in Georgia are stringent and harsh, particularly for those who are repeat offenders. Under Georgia Code O.C.G.A. § 40-6-391, you can be charged with DUI if you are operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher or if you are under the influence of drugs, alcohol, or a combination of both.
The stakes become even higher for repeat DUI offenders. If you are someone who has now received their second, third, or fourth DUI charge, you are at risk of facing even more severe consequences under Georgia’s habitual violator laws, which are designed to deter repeat offenders and improve road safety.
It will be nearly impossible to go through the legal process of dealing with a DUI charge for repeat offenders without an experienced lawyer on your side. The Fleming Firm has years of experience dealing with cases like these for clients all across the state of Georgia. Our legal team may help mitigate the consequences of a DUI charge and effectively resolve any legal challenges that arise along the way.
Reach out now so we can begin working with you to get your charges reduced or dismissed entirely.
Progressively higher penalties are applied for each subsequent DUI charge. Depending on whether you are dealing with a second, third, or fourth offense, the jail times, fines, license suspension, mandatory evaluation, and community service hours will look different.
For a second DUI offense, a conviction can lead to up to one year of imprisonment. Seventy-two hours of jail time is mandatory, but it can be more. The fines will range anywhere from $600 to $1,000 or more, in addition to court fees. Your driver’s license may be suspended for a minimum of 18 months. After the first 120 days, you may be eligible for a suspended license. You will need to attend an alcohol or drug abuse evaluation and serve community service hours.
A third DUI offense within 10 years of the others carries a minimum of 15 days in jail with a maximum of 12 months. The fines will range from $1,000 to $5,000. Your license will be revoked for 5 years, and you may be eligible for a limited permit for work after serving the mandatory one-year suspension.
You will also be required to undergo alcohol and drug evaluation, follow any treatment recommendations, and serve mandatory community service hours.
A fourth DUI offense in Georgia is considered a felony, meaning you could face a minimum of one year in prison with the possibility of five. Fines will range from $1,000 to $5,000, and your license will be permanently revoked. Just as with prior offenses, you will also have to undergo alcohol and drug evaluation, participate in treatment programs, and serve community service hours.
Just as in the rest of the state, offenders have rights even if they have been charged with a subsequent DUI. We understand that these situations can be extremely stressful and emotionally taxing, which is why we like to remind our clients that even though they are facing serious charges, they still have their constitutional rights.
In the event that you have not received one of your rights, you should let your attorney know as soon as possible, as this is against the law and can be used in your legal defense strategy.
When facing a second, third, or fourth DUI charge, having an experienced lawyer is essential. DUI cases, especially repeated offenses, involve several legal complexities that may dramatically affect the outcome of your case. Some of the reasons why you should hire a skilled DUI lawyer are:
The cost of a DUI lawyer in Georgia can vary, depending on the factors of the case and the lawyer. For repeat offenders, they can expect to pay more than those who are facing their first offense. This is because cases involving second, third, and fourth DUIs often require the lawyer to work several more hours to develop a legal defense strategy that minimizes consequences and protects their client’s rights.
The 3-hour rule for a DUI charge in Georgia allows an offender to be charged if their blood alcohol concentration is above the legal limit within three hours of driving. The purpose of this law is that the driver would be assumed to have been driving under the influence even if it took longer to reach a higher BAC. If the BAC is taken outside that time frame, it may be assumed that the reading was inaccurate.
In Decatur, the optimal defense strategy against a DUI varies depending on the factors of the case. Some of the most appropriate defense strategies include challenging the evidence, questioning the breathalyzer, questioning the officer, questioning the stop, questioning the sobriety test, questioning the driving pattern, and questioning the blood alcohol concentration. An experienced lawyer can help you develop an effective legal defense.
It is possible to have a DUI dropped in Georgia. However, it is very challenging, especially without a DUI defense attorney on your side. If the defense can gather enough evidence to support that the offense was unreliable or that the offender’s constitutional rights were violated, a court may decide to drop the DUI charge.
If you are facing a DUI charge, especially as a repeat offender, it is time to contact The Fleming Firm. Our Decatur 2nd, 3rd, or 4th DUI lawyers can help you throughout the complexities of the legal process you are facing. Our legal team is familiar with local courts and has a proven track record of success in dealing with cases like this.
We will give your case the personalized attention that it needs to strengthen your defense strategy and protect your rights. Contact our office today to connect with our team and set up a free consultation.