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Georgia DUI/DWI Atlanta Georgia's Powerful DUI Attorneys

Commercial Driver's License | If Under 21

Georgia Drunk Driving

Plichta, Alavi & Associates, P.C., a Bold, Powerful Defense Team, enjoys a reputation for integrity and excellence in defending drivers charged with driving under the influence of alcohol or drugs. We investigate and analyze every aspect of a DUI case, including obtaining any and all police reports, videos, field sobriety evaluations, officer training records, accident reconstruction reports, Intoxilyzer and calibration reports. We also participate in and prepare you for Administrative License Suspension hearings (also known as DMVS hearings), preparing the 10-day letter. We work day and night to get our clients the best possible outcome for their DUI case.

Being charged with a DUI is not a simple matter; it has serious consequences such as:

Loss of license
Loss of job
Possible jail sentence
Fine up to $1000 for a 1st DUI or up to $5000 for a 3rd DUI
Higher auto insurance premiums
Possible deportation if not a US citizen
Hindrance of ability to rent a car

Because there is so much at stake, call Plichta, Alavi & Associates, P.C. immediately to speak with an experienced attorney.

The following are some of the most commonly asked questions about Georgia DUI law:

1. I was not read my Miranda rights. Can the charges be dismissed? (back to top)

Probably not. Miranda rights apply only after a person has been arrested. Any incriminating statements you make before being arrested can be used against you in court. However, any statement you make from the time you are handcuffed until the time you are read your Miranda rights cannot be used against you. If the prosecutor’s case against you is based solely on those “un-Mirandized” statements, then your case may be dismissed. However, in most DUI cases, the prosecutor will have other evidence besides your statements to use against you in court.

2. The police officer took my drivers’ license and gave me a driving permit for 30 days. Does this mean my drivers’ license has been suspended? (back to top)

No, or at least not yet. This process is also more commonly known as the “10 day rule.” The permit the officer gave you in place of your license is actually a sworn report made by the police officer to the Department of Motor Vehicle Safety requesting that your license be administratively suspended for a minimum one year. You have 10 business days from the date of your arrest to appeal the officer’s report and request an administrative hearing; if you do not answer within 10 business days your license will be automatically suspended on the 31st day after your arrest. Filing an appeal permits a postponement and may possibly prevent any suspension from occurring. The administrative license suspension hearing is separate from any criminal hearing and is conducted by the Office of State Administrative Hearings (OSAH). It is an informal hearing and the purpose of the hearing is to decide the fate of your drivers’ license, not your guilt or innocence for the DUI.

Act immediately! Contact our office as soon as possible so that we may advise you and work to prevent your license from being suspended.

3. I have an out-of-state drivers’ license that the police officer took from me. Will that license be suspended? (back to top)

The “10 day rule” above still applies in this situation. Although Georgia cannot suspend an out-of-state license, it may suspend your privilege to drive in this State. Georgia is required by law to notify your home State of any traffic offense convictions and driving privilege suspensions. Your home State could have further penalties and/or suspensions in addition to those imposed by Georgia.

4. I have a prior DUI in another state. Will it show up in Georgia? (back to top)

It is possible that DUI/DWI convictions from other states may show up on a criminal history search performed by the prosecutor. However, convictions from other states sometimes do not show up on a person’s criminal history in Georgia. Even though a defense attorney does not “volunteer” information about prior convictions, it is very important for us to know your entire record so that we are prepared to address any issue the prosecutor presents in court.

5. Is a DUI a misdemeanor or a felony? (back to top)

The offense of driving under the influence is a misdemeanor, and not a felony. The absolute maximum penalty that can occur for any misdemeanor (and that includes speeding) is a $1000 fine and 12-month sentence. The exception is when a person is cahrged with a 3rd DUI in 5 years. A 3rd DUI in 5 years is considered to be a "high and aggravated" DUI with a maximum fine of $5000.

6. How long does a DUI conviction stay on my record? (back to top)

In Georgia a DUI stays on your record for life. It can effect your present or future employment, can cause an increase or cancellation of your car insurance, or even cause restrictions on your credit.

With the possibility of a DUI on your record for life, you need the best possible attorney you can afford. Our lawyers have decades of experience of successfully defending clients against DUI convictions. We are familiar with the way the system works and our knowledge of the way how various judges and prosecutors view DUI's. This experience allows us to get you the best possible outcome.

7. Can I plead nolo to DUI? (back to top)

For all DUI cases since July 1, 1997, a “nolo” plea (or “no contest”) is of little or no use. The primary benefit of a nolo plea is so that there is no admission of liability in a civil suit (for example, if an accident had occurred). In addition, if your Breath Alcohol Content (BAC) is more than 0.10, then a nolo plea is not available. There is also no guarantee that the judge will accept a nolo plea; it is entirely within a judge’s discretion to accept a nolo plea. Some judges will not accept a nolo plea if you refused to be tested for a breath or blood alcohol level. If the judge does accept it, your sentence will be the same as if you had entered a guilty plea. Finally, a person under 21 years of age cannot use a nolo plea.

8. Should I take the breath test (Intoxilyzer)? (back to top)

There is no simple “yes” or “no” answer to this question. Each person’s situation is different. A person may choose to take the breath test because the consequences of refusing the test are more severe than taking it and having a high alcohol result. For example, a person who refuses the breath test runs the risk of having their license suspended for a minimum of one year. In addition, a refusal can be used against you in court to create the presumption that you were under the influence. On the other hand, without a sample of your breath/blood, the state has less direct evidence it can use to convict you of DUI.

9. I took the breath test (Intoxilyzer, Intoxilyzer 5000), can the results be challenged? (back to top)

Yes. A breath test must meet specific legal and scientific standards to be considered reliable enough to use in court. If these standards are not met, it is possible that your breath test results cannot be used against you. In addition, at the time of the test you may challenge the results of the breath test by requesting your own independent analysis using a blood test or urine test. You are responsible for the costs of this independent test.

10. If I am convicted of DUI, or I plead guilty to a DUI, will I go to jail? (back to top)

Georgia laws are tough on drivers convicted of DUI and include mandatory jail time. In almost all DUI convictions, jail time is a real possibility. Below are the statutory penalties for DUI:

First Conviction in 5 Years

Up to $1,000 fine
10 days to 1 year in jail
DUI School
40 hours community service
1 year probation
1 year license suspension

Second Conviction in 5 years

Up to $1,000 fine
90 days to 1 year in jail
DUI School
30 days community service
Alcohol/Drug evaluation and any recommended treatment
1 year probation
3 years license suspension
Ignition interlock device

Third Conviction in 5 Years

Up to $5,000 fine
120 days to 1 year in jail
30 days community service
Alcohol/Drug evaluation and any recommended treatment
1 year probation
5 years license revocation
Ignition interlock device

Fourth Conviction in 5 years (Habitual Violator)

Up to $5,000 fine
1 to 5 year in state prison

11. Do I need a lawyer? (back to top)

It is highly recommended that a person charged with DUI has representation to assist them in court. The court process at times is confusing and complicated and an attorney can make it less so. In addition, your right to drive, your freedom and possible future employment options can be affected by a DUI conviction. Therefore it is very important to ensure that your legal rights are protected and that you have seasoned attornies to secure the best possible outcome.

We can give you or your loved one a clearer understanding of a DUI conviction when you meet with us in our offices; we have attorney’s available days, nights, and weekends.

The answers to these questions are not legal advice and should not be considered as such. If you have been charged with a DUI or other serious alcohol-related offense in Georgia, act immediately! Contact our office as soon as possible so that we may protect your legal rights and receive appropriate legal advice for the specific facts of your particular case.

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