If you are in Atlanta and are found guilty of drunk driving, Georgia laws will be applicable in your case. Dealing with these laws and the resulting legal proceedings can be very difficult without expert guidance from an experienced criminal defense attorney in Parsippany. The state laws have provided specific provisions regarding the court procedures, penalties, and other standards when it comes to handling a case where a person is arrested under the charges of driving under the influence. These laws are not just limited to explaining the criminal process in dui cases, but there are also other provisions that give the police officers the right to stop anybody who they suspect of drunk driving, which may even lead to suspension or revoke of driver’s license besides other penalties. This way, the laws in Georgia do not only punish people for driving while intoxicated but also prohibits the such offenders from driving vehicles for a specific period of time, or sometimes permanently.
Blood Alcohol Content
It is important to note that the legal provisions are updated regularly. Having an Atlanta dui attorney on your side will make sure that whatever actions you are taking to defend yourself are in line with the latest changes in laws. As of March 2010, if the blood alcohol content crosses the threshold of 0.08% while you are driving a vehicle, you may be arrested for a dui offense. Though the BAC level of 0.08 is applicable in most states, the laws in Atlanta are stricter in a sense that you can be arrested for a BAC level of only 0.05% also, especially when the police officers finds you driving a vehicle recklessly – the legal term is “perilously operating a vehicle”.
Suspension Of Driver’s License
The driver’s license may be suspended based on an array of factors, such as the BAC level, the severity of reckless driving, and previous dui records. It is important for you to keep in mind that the suspension of license does not wait for a final conviction in a criminal court. Your license may be suspended right at the time of a dui stop. 3-time offenders get their license suspended for at least 5 years, a second time offense results in 3-year suspension, and a first time offense may result in either no suspension of license or a one-year suspension. If you are found guilty of such offenses more than three times, your driving privileges are likely to be revoked. In such cases, the state may even seize your vehicle. Considering these harsh penalties, it is often necessary to have an experienced Atlanta dui attorney on your side to defend your case on your behalf.
Sentences
If you are convicted for the first time in a criminal court for a dui offense, you may have to spend 10 days to 12 months in jail. However, with the help of a lawyer, you can get the sentence reduced significantly, but at least 24 hours of jail time is must. If you get convicted for a second time, the jail term may range from 3 months to 12 months, out of which 3 days are compulsory.
The sentence for a third time conviction can be as long as 4 months to 12 months. Though an Atlanta dui attorney may help in getting the level of sentence reduced, you will have to spend at least 15 days in jail.