Atlanta DUI Defense Lawyer

A Winning Trial Lawyer for Drivers in Fulton, DeKalb, Cobb, Gwinnett, & Forsyth Counties

Have you been accused of driving under the influence? The first thing you should do is seek an experienced defense attorney to advocate for you. Time is of the essence in DUI cases, and it is best not to speak to law enforcement without first consulting a lawyer. If you have been arrested or stopped for a DUI, reach out to Mones Law Group, P.C. for legal representation. Attorney Stuart M. Mones is a trial lawyer who knows how to win, and he will put up an assertive fight against your DUI allegations. Let Mones Law Group, P.C. protect your driving privileges and help you out of your legal mess.

Contact Mones Law Group, P.C. for a free consultation to get started. Spanish-speaking services are available.

What Constitutes a DUI in Georgia?

Under Georgia law, it is illegal to drive or be in actual physical control of a vehicle while:

• possessing a blood alcohol content (BAC) of .08% or greater (.04% for commercial vehicle drivers and .02% for drivers younger than 21 years old);
• under the influence of any alcohol, drug, or controlled substance; or
• having any amount of marijuana or illegal substances in the blood or urine.

A driver who has a detected BAC over the legal threshold can be charged with a “per se” DUI regardless of how impaired they were.

Penalties Upon Conviction

The penalties for a DUI will depend on several factors, including the number of previous DUI convictions the driver has from the last 10 years.

• First offense: 10 days to 12 months in jail; $300-$1,000 in fines; at least 20 hours of community service
• Second offense: 90 days to 12 months in jail; $600-$1,000 in fines; at least 30 days of community service
• Third offense: 120 days to 12 months in jail; $1,000-$5,000 in fines; at least 30 days of community service

In most cases, all offenders will also be placed on probation for 12 months and must complete an alcohol and drug clinical evaluation with recommended treatment. Second-time offenders must also complete an alcohol or drug use risk reduction program.

Drivers will also face a period of license suspension based on the number of prior DUI convictions within the last five years.

• First offense: 12 months (may be reinstated after 120 days if the driver completes a DUI education program and pays a $200 fee for reinstatement)
• Second offense: Three years (may be reinstated after 18 months if the driver completes a DUI education program and pays the $200 reinstatement fee)
• Third offense: Permanent revocation (driver can apply for a probationary license after three years)

Enhanced Felony Penalties

If the DUI involved more serious circumstances, the penalties may increase. For instance, if the impaired driver was found to be transporting a minor passenger, they may also face charges of child endangerment in addition to DUI, which will add up to 12 months in jail and $1,000 in fines.

Drivers who are convicted of a second DUI within five years must surrender their license plates until their driver’s license is reinstated. For third or subsequent convictions in that time frame, the judge might even order the vehicle to be forfeited and sold.

Further, while most DUIs are misdemeanors, a DUI may be elevated to a felony under the following circumstances:

• The driver attempted to evade an officer while under the influence
• It is the driver’s fourth or subsequent conviction within 10 years
• The driver caused serious injury or death to another person

Felony DUIs carry longer prison sentences (a minimum of one year) and harsher fines and license suspensions. 

Implied Consent in Georgia

Like many states, Georgia implements an “implied consent” law that presumes all drivers to have given their consent to an alcohol or drug test of their breath, blood, or urine if law enforcement has reason to believe they are driving under the influence. 

A driver who has been lawfully arrested for a DUI but refuses to submit to a lawful request for a chemical test will face the following license suspension periods:

• First refusal (in five years): One year (can be reinstated after 30 days if the driver completes a DUI education program)
• Second refusal: Three years (Can be reinstated after 18 months upon completion of a DUI education program)
• Third refusal: Five years (driver can obtain a probationary license after two years and upon completion of a DUI education program)

If you are facing DUI charges, whether for a first-time offense or a subsequent offense, consult an experienced DUI lawyer in Atlanta to discuss your next steps. Don’t sacrifice your driving privileges without asserting your rights as a driver.

Contact Mones Law Group, P.C. for a free consultation.