First Offense DUI

First offense DUI

If this is your first offense DUI, or the only DUI you have had in the last 10 years¹, the following sentencing guidelines and license suspensions apply in Gwinnett County, Atlanta, Fulton County, Barrow County, Hall County:

Jail

  • You will get a minimum sentence of 10 days with a maximum sentence of 12 months in jail.
  • If you register over .08%, all but 24 hours of “actual incarceration” may be suspended at the judge’s discretion. If you register below .08% or if you refuse the State’s test, jail time is not required by law.¹

License Suspension – First offense DUI

If 21 or over and convicted of DUI:

  • One year suspension of your driver’s license.
  • You are eligible to apply for a work permit immediately. After 120 days on the wok permit, you may apply for early reinstatement by paying a $210 reinstatement fee and providing proof that you attended DUI school.

If under 21 and convicted of DUI:

  • BAC is above .08% = 12 month suspension.
  • BAC is below .08% = 6 month suspension.
  • No work permit is available if you are under 21 at the time of your conviction.

If convicted of DUI Drugs or DUI Alcohol & Drugs:

  • Your license will be suspended for six months (no work permit available).
  • After six months, you may reinstate by attending DUI school and paying a $210 reinstatement fee.

Administrative Suspension

If you refuse the State’s test or if you register above .08%, the Department of Driver Services will attempt to suspend your license immediately. You may appeal this suspension within 10 business days of your arrest (known as the 10-day letter). If this suspension is upheld on a refusal case, your license will be suspended for 12 months without a work permit. The only way to get your license back early is to win your criminal case. If you registered greater than .08%, your license will be suspended for 30 days (work permit available).

Probation

Twelve months of probation minus any days actually incarcerated. Georgia requires that misdemeanor probationers be supervised by a private probation company. These companies typically charge probationers between $35 and $44 to supervise their probation.

Fines

The minimum fine is $300 and the maximum fine is $1,000. Most judges fine first time offenders $700 to $1000. Additional surcharges add approximately 35% to the fine.

Community Service

If over 21

You will receive at least 40 hours of community service. Some courts require that your community service be served in the Sheriff’s Work Detail, or on the Work Alternative Program. These programs require you to perform community service in the county where you received your DUI while dressed in a jail uniform.

If under 21 and BAC less than .08%

You will receive at least 20 hours of community service. If BAC is over .08%, you will receive at least 40 hours of community service.

Treatment

Completion of a DUI Alcohol or Drug Risk Reduction Program (DUI School) approved by the Department of Driver Services. Although the law does not require it, judges will often require an Alcohol & Drug Evaluation plus any follow-up treatment as required by the evaluator. Another requirement that judges often add is the Victim Impact Panel. This is a one-time presentation where victims of DUI accidents share their experience regarding how DUI affected their lives.

[¹] From date of arrest to date of arrest.

[²]Judges have a great deal of discretion in crafting sentences. In determining the appropriate sentence, they usually take into account your blood alcohol level, your number of DUI convictions, your behavior toward the officer, and the positive steps that you have taken since your arrest such as completing DUI School.

 

We believe this information to be accurate, but are not responsible if something has changed before we are able to update our site.  Always *speak to an attorney* for the most current and correct legal advice.  Our site does not provide legal advice, it serves only to advertise our services.   If this is your first offense dui (1st dui), it’s critical you move quickly to find counsel.

DUI Lawyer Gwinnett Atlanta

When hiring a DUI lawyer in Gwinnett, or in the larger metro area of Atlanta, it is critical that you do your research.  A DUI or DWI charge can carry harsh penalties.

DUI, Driving
Don’t get a DUI

You Need A DUI Lawyer

The best way to deal with a DUI is not to get one.  Drinking responsibly, taking a cab, taking an Uber…these are all ways you can avoid getting pulled over and arrested.  If you are arrested, getting a reputable DUI attorney is the first step in getting cleared of the charge.

Our lawyer will help you navigate the complex issues that come from a DUI.  We will help you win your case in court.  You must act quickly after being arrested.  Our lawyers can help you avoid a license suspension.

A DUI is a lingering burden, long after you are found guilty.  An arrest of this nature will show up as a criminal offense, and can affect your ability to get certain jobs or maintain certain clearances.

If you choose to fight a DUI in court, you need the best local attorney you can find; a lawyer who understands how the legal system works in Atlanta, Gwinnett and the larger metro area.  A Georgia DUI lawyer who understands how to get you the best outcome.  We can help you win in court.

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We are ready to help you find the answers you need.  By reaching out to us, you are starting on the path to finding the best DUI lawyer in Atlanta.  We can put you in touch with the finest attorney in Gwinnett, who will work hard to save your license, your record and help you avoid the stiff penalties.

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