The last thing you expect after a night out with friends is to find yourself sitting on the curb with a police officer as you are charged with a DUI. While there are many considerations that must be made during this process, one of the primary concerns those charged with this crime have is whether or not their car will be impounded. The following blog explores what can happen to your vehicle, as well as the importance of working with a Cobb County DUI lawyer to fight for the best possible outcome for your circumstances.
Will My Car Be Impounded if I’m Charged with a DUI?
In the event you are charged with a DUI in Georgia, understanding what will happen to your vehicle is critical. It’s necessary to understand that the law permits the officers to use their discretion when a driver is arrested for a DUI. Generally, one of three options will occur:
- If there is a passenger in the car with you at the time of your arrest and they are sober and have a valid driver’s license, the police may allow them to drive the vehicle home
- The police may allow you to call a friend or family member to come collect the vehicle
- The police will seize your keys, search the vehicle, and have your car impounded
It’s important to understand that if your car is impounded, the police do not need a warrant to search the vehicle, as the search is warranted under the circumstances of your arrest. As such, the police can find additional evidence to hold against you, such as open containers, or evidence of other crimes, like drug possession or illegal firearms.
If your vehicle is impounded, you will receive information about retrieving your vehicle. It’s important to understand that this is a civil matter and not a criminal one.
What Penalties Can I Face for a DUI?
First and foremost, it’s important to understand what constitutes a DUI in Georgia. Generally, anytime someone is found operating a vehicle with a Blood Alcohol Concentration of 0.08% (the legal limit) or higher, they will be charged with a DUI. No other evidence is necessary, as the BAC is evidence enough. However, if you have any amount of alcohol in your system and the officer determines that it has impacted your ability to safely operate a vehicle, you can face charges.
A first-offense DUI in Georgia can carry serious penalties. Generally, you’ll face between ten days and one year in jail, up to $1,000 in fines, community service, and a license suspension that can be reduced by participating in an alcohol risk reduction program. You should note that certain circumstances can increase the severity of these penalties, like driving under the influence with a minor in the vehicle or having an exceptionally high BAC at the time the test is administered.
A DUI is not something that should be taken lightly, even if it is a first-offense. If you are facing charges, it’s in your best interest to discuss your legal options with an experienced criminal defense attorney from Miller Law Practice. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to discuss your circumstances with a member of our dedicated legal team.