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What Happens If You Are Charged With DUI In Gwinnett County?
If you’re involved in a car accident and charged with DUI in Gwinnett County, it’s important to understand the possible consequences. These include a driver’s license suspension, fines, jail time, and the requirement of an ignition interlock. There’s also the possibility of a jury trial, so keep reading to learn more about the potential outcomes.
DUI Prosecution May Point Out Signs Of Intoxication
If you have been arrested for DUI in Gwinnett County, Georgia, it’s important that you have legal representation. This will help you fight the charge and avoid a permanent record. You will need an experienced lawyer who can make sure you get the best outcome.
DUI laws in Georgia are designed to protect the safety of both citizens and drivers. Law enforcement officers are on a constant watch for repeat offenders. Moreover, there is a minimum blood alcohol content in Georgia. When the BAC is higher than 0.08%, a person can be arrested for driving under the influence.
There are several methods for testing for the presence of alcohol in a driver’s body. The most common is a breath test. These tests are often inaccurate, even when they are properly calibrated.
Police also have the option to use field sobriety tests to determine if a driver is impaired. These tests involve a number of simple tasks. For example, a driver may be asked to stand in a particular place while tilting their head to one side and touching their nose with their index finger. Involuntary movements can also be considered a sign of impairment.
Some drivers are given a blood or urine test. Typically, these tests are administered by a physician. But some police departments still use outdated technology, so these tests can be inaccurate.
Refusing to take a chemical test can result in more severe penalties from the court. A refusal can also lead to your driver’s license being suspended for a period of time. Ultimately, you will go to need an experienced Gwinnett County DUI lawyer who can help you throughout the process.
First-time offenders may also choose to participate in the Pretrial Diversion Program. This allows the judge to decide what the punishment will be at the time of the plea. However, this does not result in a permanent record.
A third DUI conviction in Georgia can result in your driver’s license being suspended for up to five years. Furthermore, you could also face probation and court-ordered drug tests.
While a third conviction will have severe consequences, a skilled Gwinnett County DUI attorney can ensure you receive the best possible outcome.
Jury trial
If you are charged with DUI in Gwinnett County, you should contact an experienced DUI lawyer. The consequences of a DUI conviction can be life-altering. For example, a first-time offense may result in fines and public service requirements, while a third offense can lead to a felony charge, which can affect your employment opportunities and your driving privileges for years to come.
The state of Georgia takes DUI charges in gwinnett county very seriously. A conviction will result in increased insurance rates, higher fines, and a criminal record. This can also affect job applications. Depending on the gravity of the incidents there is a chance the DUI charges dropped.
If you are arrested for DUI in Gwinnett County, you will have your case heard either from Gwinnett County Recorder’s Court or from Gwinnett County State Court. These courts are located in the Gwinnett County Courthouse.
When you are arrested for a misdemeanor offense, you may have to participate in a pretrial diversion program. In this program, you are given an opportunity to accept responsibility for your DUI charge. But this does not create a permanent record.
Even if you are found innocent, you can appeal your case if you think your rights were violated. Your right to due process means you must have a fair procedure and a hearing before you are convicted.
The state must provide you with a copy of any evidence it considers material to your guilt or innocence. However, the amount of discovery is limited in most misdemeanor cases.
Some first-time offenders are eligible for the pretrial diversion program. You can qualify if you were under the age of 21 at the time of the incident, or if you were found in possession of alcohol or marijuana.
You can also challenge the blood test results that the police have used against you. An experienced DUI lawyer in Gwinnett County can defend you against the test and any other elements of your case.
While you can’t predict the outcome of your DUI case, a good attorney can help you through the process and ensure your rights are protected. Ultimately, a successful defense requires knowledge, negotiation skills, and advocacy.
Ignition Interlock Requirement
If you are arrested for DUI in Gwinnett County, you should know that you may be required to install an ignition interlock device. This will prevent your vehicle from starting up until your breathalyzer reads 0.00 BAC. The Ignition Interlock Device will also start an alarm if you fail to provide a sample.
The Ignition Interlock Device is usually ordered for DUI offenders with a BAC of 0.20 or higher. However, it can be used for other DUI offenders, such as those with a BAC of 0.15 to 0.2.
For DUI offenders who are suspended or revoked from driving, an ignition interlock device is typically required for a period of one year. There are some exceptions to the rule, such as for drivers who have medical conditions or who are on probation.
After a first-time offense, your license will be suspended for 90 days. You will then have to take a course on alcohol safety. Usually, you will get a temporary permit. Depending on the circumstances of the case, you may be granted an ignition interlock permit for a period of 6 months or a restricted license.
A second offense within five years requires an ignition interlock device. For a third offense, you will have a two-year license revocation. In addition, if you have a child with you at the time of your arrest, you will have to install an ignition interlock for six months.
If you are arrested for a third or subsequent drunk driving offense, you will need to have an ignition interlock installed for a minimum of one year and a maximum of three years. The court may also require that you use an ignition interlock device while you are on probation.
It is important to speak with a lawyer about the best course of action to handle your situation. An experienced DUI attorney in Gwinnett County can help you through the difficult process. Often, this will include a hearing to determine the best way to restore your license. Make sure to speak with a lawyer before the end of your 45-day license suspension.
DUI Penalties For Young Drivers
If you’re under 18 and you’ve been arrested for DUI, you may face different penalties. This is because Georgia law treats young drivers differently than older drivers. In fact, the drinking age is only 21 in Georgia, and if you’re under the legal age, you can’t even get behind the wheel of a car.
The consequences of a DUI conviction range from probation and community service to license suspension. You may also be required to complete a program to help you cope with alcohol and drug dependency.
For a first DUI conviction, you could be sentenced to 24 hours to 12 months in jail. Probation includes regular check-ins with a probation officer. You may also be prohibited from drinking with friends.
A second conviction can result in a minimum fine of $500 and up to $1,000. Your driver’s license will be suspended for at least six months. When your license is suspended, you can only drive on a temporary permit.
Drivers under 21 years of age are unable to drive to school. They’re also not eligible for a limited-use driving permit. Instead, they must find alternative transportation to get to school.
A third DUI conviction within 10 years is a high-aggravated misdemeanor. In addition to the mandatory 30 days of community service, you will have to complete a substance abuse evaluation and attend the follow-up treatment recommended.
Depending on your circumstances, your license may be suspended for a year or more. You will have to pay a reinstatement fee and a fee for an ignition interlock device.
If you’re under 21, you’ll also have to attend 20 hours of DUI school. You can’t buy a limited-use driving permit until you’re 18.
Bottomline:
DUI can be a serious offense. As such, it’s important to have an experienced attorney who knows how to fight your ticket. Getting caught driving under the influence can cause significant injury to innocent parties. It can also jeopardize your future. Hire an attorney who understands the nuances of Georgia’s laws.
Underage drinking is an offense in all states. All states have passed laws to crack down on underage drunk driving.
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