Gwinnett County DUI Lawyer

Representing Those Accused of DUIs in the Lawrenceville Area

Are you facing DUI charges in Georgia? If you have been arrested for or charged with driving under the influence, it is in your best interest to hire an experienced Gwinnett County DUI lawyer from Fox Firm, P.C. immediately. Our firm is backed by a quarter century of experience and have handled many complex cases. We will protect your rights and fight for your freedom!

Georgia DUI Laws

Georgia has strict laws penalizing anyone driving under the influence of alcohol or drugs. You are automatically considered to be DUI (driving under the influence) if your blood alcohol concentration is 0.08% or higher. In Georgia, when you are pulled over for DUI, the arresting officer will most likely ask you to step out of your car and perform one or more field sobriety tests to determine whether or not you are under the influence of alcohol or drugs. You may also be asked to perform either a blood or breath test to determine your blood alcohol level.

If you are determined to be intoxicated or otherwise impaired by an illegal substance, you will be arrested for DUI and your license will be confiscated. You will then have 10 days following your arrest to request a DMV (Department of Motor Vehicles) hearing to contest the DUI charge. If you fail to request a hearing within 10 days, your driver’s license will be automatically suspended.

A DUI conviction can result in very harsh penalties. Your sentence may include jail time, fines, restitution, probation and substance abuse classes. In addition, you will receive points on your driver’s license, a driver’s license suspension and a permanent mark on your criminal record.

Penalties for DUI Conviction in Georgia

In Georgia, the penalties for a DUI conviction can vary significantly based on factors such as the severity of the offense, whether it is a first or subsequent offense, and the presence of aggravating circumstances. Below are detailed penalties that may be imposed on individuals convicted of DUI:

1. First Offense:

• Jail Time: Up to 1 year (usually 1 to 10 days minimum).
• Fines: Ranges from $300 to $1,000.
• Community Service: 40 hours minimum.
• Alcohol and Drug Evaluation: Required, along with potential treatment programs.
• License Suspension: Minimum of 1 year.

2. Second Offense (within 10 years):

• Jail Time: 90 days to 1 year (mandatory minimum of 30 days).
• Fines: Ranges from $600 to $1,000.
• Community Service: 30 days minimum.
• Alcohol and Drug Evaluation: Required, along with treatment programs.
• License Suspension: Minimum of 3 years.

3. Third Offense (within 10 years):

• Jail Time: 120 days to 1 year (mandatory minimum of 30 days).
• Fines: Ranges from $1,000 to $5,000.
• Community Service: 30 days minimum.
• Alcohol and Drug Evaluation: Required, along with treatment programs.
• License Suspension: Minimum of 5 years.

4. Fourth Offense (or with certain aggravating circumstances):

• If you are convicted of DUI after having three prior DUIs within 10 years, or if your DUI results in serious injury or death to another person, it may be charged as a felony.
• Penalties: This can include 1 to 5 years in prison, steep fines, and extensive probation.
• Fines: $1,000 to $5,000.
• Community Service and Probation: 60 days.

It is crucial to understand that this is not an exhaustive list. These penalties are subject to change and can also vary based on the specifics of each individual case. Legal representation by a knowledgeable DUI attorney is vital to navigating these complex laws and minimizing possible penalties.

Common Mistakes When Charged with a DUI in Gwinnett County

When faced with DUI charges, the decisions you make during and after your arrest can significantly impact the outcome of your case. Many individuals unknowingly make critical errors that can jeopardize their defense and lead to harsher penalties. Understanding these common mistakes is essential for anyone accused of DUI in Gwinnett County, as it can help to ensure that your rights are protected and that you are adequately prepared for the legal process ahead.

1. Failing to Request a DMV Hearing: Many individuals are unaware of the 30-day window to request a hearing. Missing this deadline results in automatic license suspension.
2. Underestimating the Consequences: People often don’t fully understand the severity of a DUI charge and the potential penalties, leading to complacency in seeking legal advice.
3. Attempting to Handle the Case Alone: Some may believe they can navigate the legal system without professional help, which can lead to missed opportunities for defense or plea negotiations.
4. Talking to Law Enforcement Without Representation: Individuals may inadvertently incriminate themselves by providing too much information during questioning, not realizing anything they say can be used against them.
5. Not Understanding Field Sobriety Tests: Many do not grasp their rights regarding these tests and may feel pressured to comply without questioning their validity.
6. Ignoring the Importance of Documentation: Failing to gather and maintain all relevant documents, such as arrest reports and test results, can hinder a defense strategy.
7. Neglecting to Seek Treatment for Substance Issues: Ignoring drug or alcohol problems can weaken a person’s case if they do not demonstrate a commitment to addressing their issues during legal proceedings.

A skilled DUI lawyer plays a vital role in helping individuals avoid these common pitfalls. They offer crucial legal guidance, ensuring that their clients are well informed about procedures like requesting a DMV hearing and understanding their rights during interactions with law enforcement. By leveraging their experience, a DUI attorney can help clients navigate the complexities of the legal system, identify mitigating factors, and provide strategic defense options. Additionally, they can aid individuals in demonstrating their commitment to sobriety and proactive measures, which can significantly influence the outcome of the case and potential penalties.

Defending Gwinnett County DUI Charges

A Gwinnett County DUI attorney at the Fox Firm, P.C. represents clients in need of an aggressive and professional DUI lawyer in Gwinnett County, Georgia and the surrounding areas. They will fight for you and your freedom. The firm believes that everyone makes mistakes and that people deserve second chances. They will attempt to have your charges lowered or even dismissed altogether. A DUI attorney at Fox Firm, P.C. is extremely experienced with DUI cases and DMV hearings and will fight to provide you with a winning defense strategy for your DUI case.