Driving Under the Influence or DUI cases are some of the most serious charges in Georgia. Although it is usually a misdemeanor, the penalties can be harsher than some felony sentences. It is a very complex and ever-changing area of law, but the Law Office of Vic Wiegand has the answers you need if you have been charged with a DUI.
We’ve defended hundreds of clients with tough-minded and determined litigation. We can help you too.
IF CHARGED WITH A DUI, THE FIRST THING YOU MAY NEED TO DO IS REQUEST AN ADMINISTRATIVE LICENSE HEARING TO PREVENT THE SUSPENSION OF YOUR DRIVER’S LICENSE BY GEORGIA’S DEPARTMENT OF DRIVER SERVICES (DDS). Do not lose your license. Act now and contact our office at (770) 886-4646.
PENALTIES FOR DUI CONVICTION: In addition to losing your license through DDS suspension, a DUI conviction results in serious penalties, jail time, probation, expensive fines, court fees, community service, drug and alcohol screening, mandatory substance abuse education course, and other possible penalties.
There are many types of DUI charges, such as Commercial Driver’s License (CDL), Refusal DUI, Per Se DUI, BUI (boating), Under 21 DUI, and DUI with Drugs, all of which involve different evaluations, laws, and penalties. Each type has pitfalls to be avoided if possible. Above all our goal at the Law Office of Vic Wiegand, Esq. is to fight for you and prevent a conviction. We want the best possible outcome for you. We also understand the sensitive nature of a DUI and will work with discretion.
For Drivers 21 years old and older, penalties may include:
First DUI Conviction: If it is the 1st DUI within 5 years, you still may be eligible for a limited driving permit and, after 120 days, may be able to get your license fully reinstated. A minimum of 40 hours of community service and 24 hours jail, 12 months probation, up to $1,000 fine, no alcohol or drugs, subject to random screens, substance abuse evaluation, Risk Reduction Program (DUI school), and the Victim Impact Panel are some of the requirements. Some conditions are negotiable, and some are not.
Second DUI Conviction: If it is a 2nd DUI within 5 years, there are more severe penalties such as a 120-day hard suspension of the driver’s license and increased jail time of at least 72 hours and 240 hours of community service, and other enhanced penalties. Alcohol treatment is usually required. A multiple offender may still be able to obtain a limited driving permit in only 28 days from the Forsyth County DUI Treatment Court. License plates are also seized anytime a violator is convicted of a second or subsequent DUI within five (5) years.
Third DUI Conviction 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, 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 clinical evaluation and, if indicated, completion of substance abuse treatment program at the offender’s expense, and violator’s name, photo, and address published in local newspaper at violator’s expense.
Nolo pleas are not accepted by the Department of Driver Services for a DUI charge. Also, note that O.C.G.A. §40-6-391(f) specifically prohibits first offender status for persons convicted
UNDER 21: There is a mandatory driver’s license suspension for drivers under the age of 21 if convicted of DUI. No limited driving permits are available.
COMMERCIAL DRIVER’S LICENSE: Any DUI conviction for alcohol or drugs is a disqualification for a commercial driver’s license, CDL.
BUI Conviction: Boating Under the Influence (BUI) does not affect your right to operate a motor vehicle in the State of Georgia. It can affect your right to operate a watercraft.
Most people are surprised to learn that Georgia has a very broad definition of what it considers a watercraft vessel. The law states no person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol, drugs, or combination of either, to the extent that it is less safe or over the legal limit.
Super speeder, Hit and run, Fleeing and attempting to elude, Racing and Aggressive driving are all serious charges and some will suspend a driver’s license depending on the all the factors and they could also trigger hefty fines. First Offender status granted in cases related to the operation of a motor vehicle will not prevent the imposition of the applicable driver’s license suspension or revocation but having the charges reduce can prevent a driver’s license suspension.
Under limited circumstances, the court may submit a disposition to the DDS and indicate that zero points should be assessed and reduce the base fine by 20% for a traffic offense. The use of the zero points order will avoid the assessment of points or a license suspension that is imposed based upon the assessment of points. It will not avoid a license suspension for an offense that specifically triggers a mandatory suspension.
If Charged with DUI, Contact Vic Wiegand, a Leading Cumming, GA, DUI Defense Lawyer
If you have questions about DUI charges, Zero Points or other serious traffic offenses, contact our office. DUI Defense Attorney Vic Wiegand has been successfully fighting for his client’s right in cases like these for many years.
I consider trial by jury as the only anchor ever yet imaged by man, by which a government can be held to the principles of its constitution.
– Thomas Jefferson
Our Law office is located a few blocks from the Forsyth County Courthouse. Contact Us today for more information.