The majority of DUI (Driving Under the Influence) charges brought against individuals are for first time offenders.
The prospect of massive fines and jail time is frightening and the legal system can be intimidating, but that's what those charged with their first DUI in Georgia must tackle.
Georgia's laws outline what penalties can be inflicted on someone convicted with driving under the influence for the first time, but there are exceptions to these regulations and ways to handle potential punishments.
According to O.
C.
G.
A.
§ 40-6-391, driving under the influence includes driving or being in actual physical control of a vehicle while under the influence of alcohol, a drug, or another mind-altering substance, such as glue or aerosol vapors.
Breathalyzers, blood tests, and urine tests can all be used to determine if an individual is "under the influence.
" Using these techniques to establish a person's BAC (blood alcohol content), an individual can then be charged with DUI if they: • Have an alcohol concentration of 0.
08 grams or more, within three hours after driving or being in actual physical control of a vehicle; • Have an alcohol concentration of 0.
04 grams or more, while driving or in actual physical control of a commercial vehicle; • Have any amount, including its derivatives, of marijuana or a controlled substance present in their blood or urine.
Alternately, if anyone under the age of 21 has an alcohol concentration of 0.
02 grams or more, within three hours of driving or being in actual physical control of a vehicle can be charged with a DUI.
If a DUI is brought against an individual for the first time in Georgia, it will be classified as a misdemeanor.
While a first DUI charge is considered a misdemeanor, it still bears heavy consequences, including: • Driver's license suspension • A fine between $300 and $1,000 • Jail time ranging between 10 days and one year • 40 or more hours of community service • Completion of a DUI Alcohol or Drug Use Risk Reduction Program • One year of probation In addition, the charge will remain on an individual's record.
This can interfere with employment, schooling, or housing prospects.
It can also affect any charges brought against the individual later.
It is also important to note the impact that a DUI conviction can have outside of legal penalties.
Auto insurance premiums will increase dramatically if an individual is moved into a high-risk category, and the insurance company could drop the offender altogether.
A DUI conviction can also affect life insurance and health insurance.
A ban can also be placed against the offender renting a car from 3-6 years.
In addition, because DUI offenses are registered nationally with the FBI, the conviction will follow the accused even if they move to another state.
DUI offenses cannot be expunged from a criminal record under most circumstances.
This means that a citation or arrest for DUI can affect an individual's opportunities for employment, housing, and education.
Since Georgia has no "youthful offender" or "first time offender" tags added to records, all DUI charges appear to be the same on a background check.
These serious consequences may merit the enlistment of an attorney for an accused individual, as a lawyer maybe able to keep the charge from appearing on records.
The prospect of massive fines and jail time is frightening and the legal system can be intimidating, but that's what those charged with their first DUI in Georgia must tackle.
Georgia's laws outline what penalties can be inflicted on someone convicted with driving under the influence for the first time, but there are exceptions to these regulations and ways to handle potential punishments.
According to O.
C.
G.
A.
§ 40-6-391, driving under the influence includes driving or being in actual physical control of a vehicle while under the influence of alcohol, a drug, or another mind-altering substance, such as glue or aerosol vapors.
Breathalyzers, blood tests, and urine tests can all be used to determine if an individual is "under the influence.
" Using these techniques to establish a person's BAC (blood alcohol content), an individual can then be charged with DUI if they: • Have an alcohol concentration of 0.
08 grams or more, within three hours after driving or being in actual physical control of a vehicle; • Have an alcohol concentration of 0.
04 grams or more, while driving or in actual physical control of a commercial vehicle; • Have any amount, including its derivatives, of marijuana or a controlled substance present in their blood or urine.
Alternately, if anyone under the age of 21 has an alcohol concentration of 0.
02 grams or more, within three hours of driving or being in actual physical control of a vehicle can be charged with a DUI.
If a DUI is brought against an individual for the first time in Georgia, it will be classified as a misdemeanor.
While a first DUI charge is considered a misdemeanor, it still bears heavy consequences, including: • Driver's license suspension • A fine between $300 and $1,000 • Jail time ranging between 10 days and one year • 40 or more hours of community service • Completion of a DUI Alcohol or Drug Use Risk Reduction Program • One year of probation In addition, the charge will remain on an individual's record.
This can interfere with employment, schooling, or housing prospects.
It can also affect any charges brought against the individual later.
It is also important to note the impact that a DUI conviction can have outside of legal penalties.
Auto insurance premiums will increase dramatically if an individual is moved into a high-risk category, and the insurance company could drop the offender altogether.
A DUI conviction can also affect life insurance and health insurance.
A ban can also be placed against the offender renting a car from 3-6 years.
In addition, because DUI offenses are registered nationally with the FBI, the conviction will follow the accused even if they move to another state.
DUI offenses cannot be expunged from a criminal record under most circumstances.
This means that a citation or arrest for DUI can affect an individual's opportunities for employment, housing, and education.
Since Georgia has no "youthful offender" or "first time offender" tags added to records, all DUI charges appear to be the same on a background check.
These serious consequences may merit the enlistment of an attorney for an accused individual, as a lawyer maybe able to keep the charge from appearing on records.
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