One of the most common crimes in Georgia is driving under the influence. However, many assume that if caught for the first time, they’ll get a stern talking to and a few fines. This is far from the truth. In reality, the penalties for a DUI are intense. Though you may feel like there’s nothing you can do, working with a Cobb County DUI lawyer can help increase your chances of receiving a favorable outcome. It is possible that you could have your DUI dismissed. Keep reading to learn when this happens and what you can expect if charged.
What Are the Penalties for a DUI?
In Georgia, those operating a vehicle with a Blood Alcohol Concentration of 0.08% or higher will be charged with a DUI. However, it’s important to note that if your BAC is less than the legal limit, but the officer determines your ability to operate a vehicle is compromised, they can still charge you.
Though it may not seem serious, the consequences of a first-time DUI can be severe. In Georgia, you will likely face a minimum of ten days but up to one year in jail, fines and fees, 40 hours of community service, and a twelve-month license suspension.
Additionally, the penalties will increase with each additional DUI violation. For example, the consequences for a second DUI include a three-year license suspension, 240 hours of community service, and ninety days to one year in jail.
Similarly, if there are any aggravating factors, such as driving under the influence with a child in the car or causing property damage, the consequences can increase in severity to reflect these elements.
Is It Possible to Have a DUI Dismissed?
Fighting a DUI charge can seem daunting, but it is possible to have the charges dismissed. However, it is in your best interest to work with an attorney to handle these matters. Your attorney can analyze the details of your arrest to examine the circumstances. For example, they may be able to show that your charges are unconstitutional because there was no probable cause to arrest you in the first place. Unless you were violating traffic laws or the officer had reason to believe you were under the influence, the charges would be unconstitutional.
Additionally, your attorney may be able to show that the breathalyzer device used to get your BAC was defective or broken or that the officer did not follow proper procedure when administering the test. This can cast doubt on the validity of the charges against you.
As you can see, it is possible to have a DUI dismissed, though it can be challenging to do so. However, working with a skilled attorney from the Miller Law Practice can help you navigate any complexities you may face during this process. Contact us today to learn how we can fight for the best possible outcome for your unique circumstances.