Thursday, December 21, 2006

DUI Law: Georgia DUI Penalties

In Georgia, if you are twenty one (21) years old or older you can be convicted of Driving Under the Influence (DUI) if your Blood Alcohol Content (BAC) is .08 or greater. If you are under twenty one (21) you can be convicted of DUI if your BAC is .02 or greater. You may also be convicted of DUI if the State Attorney can show that your normal faculties were impaired by alcohol at the time you were driving (i.e. slurred speech, can’t walk in a straight line, etc.).

First Offense DUI in Georgia
Your first DUI offense in Georgia may be considered a “Simple Misdemeanor” and will result in a prison sentence of between ten (10) days to one (1) year. At the Court’s discretion all but twenty four (24) hours of your jail time may be suspended, stayed or probated.

You will receive a minimum fine of between $300.00 and $1,000.00 not including surcharges, fees and assessments that can add twenty percent (20%) to thirty percent (30%) to your fine. You will also have your driver’s license suspended for one (1) year which may be reinstated after one hundred twenty (120) days. Prior to applying for driver’s license reinstatement you must complete a Risk Reduction Program. You will also receive a minimum of forty (40) hours of community service and probation.

Second Offense DUI in Georgia
Your second DUI offense in Georgia may also be considered a “Simple Misdemeanor” and will result in a prison sentence of between ninety (90) days to one (1) year. At the Court’s discretion all but seventy two (72) consecutive hours of your jail time may be suspended, stayed or probated.

You will receive a minimum fine of between $600.00 and $1,000.00 not including surcharges, fees and assessments that can add twenty percent (20%) to thirty percent (30%) to your fine. You will also have your driver’s license suspended for three (3) years which may not be reinstated for more than one (1) year. Prior to applying for driver’s license reinstatement you must complete all alcohol and drug treatment programs. You will also receive a minimum of thirty (30) days of community service and probation.

Your driver’s license photo will also be published in the newspaper and have an ignition interlock device installed on your vehicle.

Third Offense DUI in Georgia
Your third DUI offense in Georgia may be considered a “High and Aggravated Misdemeanor” and will result in a prison sentence of between one hundred twenty (120) days to one (1) year. At the Court’s discretion all but fifteen (15) days of your jail time may be suspended, stayed or probated.

You will receive a minimum fine of between $1,000.00 and $5,000.00 not including surcharges, fees and assessments that can add twenty percent (20%) to thirty percent (30%) to your fine. You will also have your driver’s license revoked for five (5) years which may not be reinstated for more than two (1) years. You will also be designated a “Habitual Offender.” Prior to applying for driver’s license reinstatement you must complete all alcohol and drug treatment programs. You will also receive a minimum of thirty (30) days of community service and probation.

Your driver’s license photo will also be published in the newspaper and have an ignition interlock device installed on your vehicle.

Sunday, December 10, 2006

DUI Law: Colorado DUI and DWAI Penalties

If you have been caught drinking and driving in Colorado you may be charged with either DWAI (Driving While Ability is Impaired by Drugs or Alcohol) or DUI (Driving Under the Influence of Drugs). This article details the penalties for both offenses and offers legal assistance through our sponsoring attorneys.

First Offense DWAI (Blood Alcohol Content Between .05 and .079)
DWAI is the lesser of the two offenses. Your first DWAI offense will result in a prison sentence of between two (2) days to one hundred eighty (180) days. You will also receive a minimum fine of between $100.00 and $500.00 and have eight (8) points assessed against your driver’s license. You will also be required to perform between twenty four (24) and forty eight (48) hours of community service.

As you can see, there is a wide range of jail time the Court may impose upon you. Be sure to have an attorney represent you even if you are only charged with DWAI.

Second Offense DWAI
Your second DWAI offense within five (5) years will result in a prison sentence of between forty five (45) days to one (1) year. You will also receive a minimum fine of between $300.00 and $1,000.00 and have your driver's license revoked for one (1) year. You will also be required to perform between forty eight (48) and ninety six (96) hours of community service.

Again, there is a wide range of jail time the Court may impose upon you. Be sure to have an attorney represent you.

DWAI With Prior DUI
If you are convicted of DWAI after having been convicted of DUI during the previous five (5) years you will face a prison sentence of between sixty (60) days to one (1) year. You will also receive a minimum fine of between $400.00 and $1,200.00 and have your driver's license revoked for one (1) year. You will also be required to perform between fifty two (52) and one hundred four (104) hours of community service.

First Offense DUI (Blood Alcohol Content Between .08 or higher)
DUI is the greater of the two offenses. Your first DUI offense will result in a prison sentence of between five (5) days to one (1) year. You will also receive a minimum fine of between $300.00 and $1,000.00 and have your driver's license suspended for one (1) year. You will also be required to perform between forty eight (48) and ninety six (96) hours of community service.

Second Offense DUI
Your second DUI offense within five (5) years will result in a prison sentence of between ninety (90) days to one (1) year. You will also receive a minimum fine of between $500.00 and $1,500.00 and have your driver's license revoked for one (1) year. You will also be required to perform between sixty (60) and one hundred twenty (120) hours of community service.

DUI With Prior DWAI
If you are convicted of DUI after having been convicted of DWAI during the previous five (5) years you will face a prison sentence of between seventy (70) days to one (1) year. You will also receive a minimum fine of between $450.00 and $1,500.00 and have your driver's license revoked for one (1) year. You will also be required to perform between fifty six (56) and one hundred twelve (112) hours of community service.

As you can see there is a wide range of charges and sentences that can be imposed on you if you are caught DWAI or DUI. To get the best results, contact one of our sponsoring attorneys below or at the top of this page.