What Happens When You Get a DUI for the First Time in Georgia?

If you’ve been arrested for driving under the influence (DUI) in Georgia, you’re probably feeling a lot of stress. There’s a lot at stake, and it’s important to know what to expect as your case moves forward. The best source of information will always be an experienced Augusta DUI attorney — and you’ll want to get professional advice as soon as possible. Your Augusta criminal attorney can help you avoid early mistakes that could have a lasting effect on your case. 

You can schedule a free consultation right now by calling (706) 750-0501. The information in this post will give you a general overview of the process, the potential consequences, and other important information if you’re facing a first-offense DUI charge. 

What Counts as a DUI in Georgia? 

The most common type of DUI charge in Georgia involves operating a motor vehicle with a blood alcohol concentration (BAC) of .08 or greater. But that’s just one way a person may be guilty of driving under the influence. Others include: 

• Operating under the influence of alcohol to an extent that impairs safe driving, even if your BAC was below .08 or if you refuse to take the chemical test
• Operating while impaired by drugs or other intoxicating substances, or a combination of drugs and alcohol, including legal drugs
• Operating with a BAC of .04 or greater if the vehicle is a commercial motor vehicle in motion
• Operating with a BAC of .02 or greater if the driver is under the age of 21

First-Time DUI Arrest in Augusta

When you get arrested for DUI in Georgia, a few things happen right away. You’ll typically be transported to the jail and asked to submit to a chemical test, which is different from the portable roadside test you may have taken. A person arrested on a first offense DUI is generally eligible for bond, but depending on your level of intoxication, you may have to wait several hours.

In most cases, the arresting officer will complete and file DDS Form 1205. That form advises the Department of Driver Services of the results of the chemical test, or that the driver refused the chemical test. The driver receives a copy of the form, which advises the driver that their license will be administratively suspended after 30 days. The driver’s copy also includes information about the right to challenge the administrative suspension. 

The standard suspension for a first offense is 12 months, but you may be able to get your license reinstated after 120 days. The suspension for a first-time chemical test refusal is also 12 months, but your options are more limited with this type of suspension. For example, a driver who refuses a chemical test is not eligible for limited driving privileges (often referred to as a work permit or work license). And, you won’t be eligible for reinstatement after 120 days. 

Note that this is a separate driver’s license suspension than any that may be imposed by the criminal court, and that your time to challenge the administrative suspension and the grounds for challenging the suspension are quite limited. If you hope to challenge the suspension, you will want to speak with an Augusta DUI lawyer right away.

Criminal Penalties for First Offense DUI

A first offense DUI (or a first offense in 10 years) in Georgia is a misdemeanor. Penalties include: 

• A jail sentence of at least 10 days but no more than 12 months
• A fine of at least $300 but no more than $1,000
• At least 40 hours of community service
• Mandatory completion of DUI Alcohol or Drug Use Risk Reduction Program
• Substance abuse evaluation and any recommended treatment
• Probation, if the jail sentence is less than 12 months

Note that although the mandatory minimum jail sentence for a first offense DUI is 10 days, the judge has the discretion to suspend all but 24 hours of that sentence. That means that a first offender could actually spend as little as one day in jail.

Unlike most states, Georgia does not require the use of ignition interlock devices for first-time DUI offenders. However, subsequent convictions could require the use of a device when the driver’s license is reinstated. 

Indirect Consequences of a First-Time DUI Conviction

The list of consequences above probably seems like plenty, particularly given that a suspended driver’s license will make completing community service, evaluations, and treatment all the more difficult. But a DUI conviction can actually cost even more. For example: 

• Obtaining automobile insurance to fulfill the requirement that you have an SR-22 certificate of financial security is typically significantly more expensive than your pre-DUI insurance
• You may be disqualified from certain jobs–especially, but not only, if your work requires a commercial driver’s license
• You will have a criminal record that may impact other areas of your life, and may enhance penalties if you are charged with another DUI or even an unrelated crime

Can a DUI Conviction Be Avoided? 

No one wants a DUI conviction. Unfortunately, many people are under the impression that if they’ve been arrested for DUI, a conviction is inevitable. Many even believe that the “standard” offer the prosecution makes is the best you’re going to do. However, an experienced DUI defense lawyer may be able to find weaknesses in your case that your attorney can leverage to negotiate a better plea offer than you thought possible–or even beat the charges altogether. 

Similarly, you may be able to successfully fight an administrative suspension, even if the officer says you refused the chemical test. But the grounds for challenge are narrow, and your time is strictly limited. So, you’ll want to talk to an Augusta DUI attorney immediately after your arrest. 

Attorney J. Todd Mitchell Has the Experience You Need

Attorney J. Todd Mitchell has been fighting for people charged with crimes in and around Augusta throughout his entire legal career. He has the knowledge of both substantive law and local criminal court procedures you need to fight an Augusta DUI charge, and he is dedicated to working toward the best outcome for you. To learn more, call (706) 750-0501 right now, or fill out our contact form.