DeKalb County DUI First Offense Lawyer
If you have been arrested for a DUI and it is your first offense, it is important to take the matter seriously. Being charged even for a DUI first offense can result in serious penalties such as the loss of your driver’s license, high fines, and even jail time. A strong defense is critical to avoid these penalties, protect your freedom, and avoid a permanent criminal record. Our DeKalb County DUI first offense lawyer can provide it.
The Administrative Hearing for a DUI First Offense
In DeKalb County, and throughout the rest of Georgia, the laws are very strict, even for a DUI first offense. If you refuse to take a breathalyzer test, or you fail it, the police officer will automatically seize your driver’s license. They will give you a driving permit that allows you to drive for 45 days.
You have just 30 days to install an ignition interlock device in your vehicle or request a special administrative hearing. If you do not request this hearing within 30 days, you will lose your driver’s license for one year. During the hearing, an administrative law judge will analyze the facts of the case, and the evidence presented by the prosecution, and determine if an Administrative License Suspension (ALS) is appropriate.
The administrative hearing is distinct from the criminal DUI case. It is possible to lose your driver’s license before even setting foot in a courtroom to defend your case. Still, you have the opportunity to defend yourself during the ALS hearing so you do not lose your driver’s license.
The three possible outcomes after an administrative hearing are as follows:
- The judge can dismiss or rescind the ALS if the police officer who arrested you does not appear at the hearing.
- You may be able to negotiate with the court to dismiss the ALS and reinstate your driver’s license.
- The judge can determine that there is enough evidence against you to suspend your driver’s license after your arrest.
The administrative hearing is a very important part of your defense after being charged with a DUI. It is important to speak to a DUI first offense lawyer who can represent you at the hearing.
Penalties for a DUI First Offense
A DUI first offense is typically charged as a misdemeanor. The penalties often include:
- A mandatory minimum jail time of 24 hours if your blood alcohol concentration as above the limit of 0.08 percent
- A jail sentence between 10 days and 12 months
- 12 months of probation
- 40 hours of community service
- A fine of $300
- Counseling and substance abuse treatment
- DUI School
- Driver’s license suspension
In addition to the above penalties, you will also have a permanent criminal record after being charged with a DUI first offense. This can make it difficult to obtain employment, carry a professional license, obtain housing, and more.
Our DeKalb County DUI First Offense Lawyer Can Advise On Your Case
At The Spizman Firm, our DUI first offense lawyer in DeKalb County can provide the advice you need and craft the defense that will help you protect your freedom. Reach out to us today to schedule a consultation and to learn more about how we can help with your case.
