Experienced Savannah DUI Lawyer

Do I Need a DUI Lawyer Right Away?

It is important to get legal representation as quickly as possible after a DUI arrest, as you have only 30 days from the time of your arrest before your driver’s license will be affected. To avoid this suspension, we will help you request an ALS hearing with the Department of Driver Services in Conyers, GA and handle the necessary paperwork.

How Can a Lawyer Help You with a DUI Charge?

Remember that a charge is not a conviction; being arrested for a DUI only means that you have been charged with DUI. Our firm will rigorously explore ALL options in your case.

A skilled lawyer like Attorney Ozer can: 

• go over your police report with you, 
• help keep you out of jail, 
• save your driver’s license, 
• fight for a reduction in fines; and, 
• prevent a DUI arrest from becoming a DUI conviction. 

Schedule a free consultation with The Ozer Law Firm, LLC to learn more about the DUI defense process and how we can help.

What Is Considered Driving Under the Influence in Georgia? 

In Georgia under legal code O.C.G.A. 40-6-391 (2010) a person is considered to be driving under the influence if they are driving or is in actual physical control of a vehicle while:

• "under the influence" of any alcohol, drug, or controlled substance; or
• with any amount of marijuana or illegal drugs in the driver’s blood or urine.

Note that being “under the influence” means the driver was operating the vehicle in an unsafe manner due to alcohol or drugs in their system.

What is the Legal BAC Limit in Georgia?

The legal blood alcohol (BAC) limit is .08% or greater for adults 21 and over and .02% or more for drivers under 21 years old. For commercial drivers the BAC limit is .04%.

What Are the Potential Penalties for a DUI in GA?

The penalties for a DUI conviction, a misdemeanor, will range from jail time to fines, and the severity of the sentence will depend on the number of prior DUI convictions the offender has incurred within the last 10 years.

• 1^st offense – 10 days to 12 months in jail; $300-$1,000 in fines; minimum 20 hours of community service (40 hours if BAC was greater than .08%)
• 2^nd offense – 90 days to 12 months in jail; $600-$1,000 in fines; minimum 30 days of community service
• 3^rd offense – 120 days to 12 months in jail; $1,000-$5,000 in fines; minimum 30 days of community service

All offenders must complete an alcohol and drug evaluation and follow a recommended treatment program. They must also be placed on probation for 12 months. If a defendant was convicted of a third or subsequent DUI, the judge may order that the vehicle be forfeited. Learn more about Georgia's Impaired Driving Laws here.

Be aware that a driver may face enhanced penalties if minor passengers were involved. In particular, if an impaired driver was transporting a minor in the vehicle, they may be charged with a separate offense of child endangerment punishable by up to 12 months in jail and $1,000 in fines.

Felony DUI Penalties in Georgia

A DUI can be charged as a felony with more severe penalties in the following situations:

• It is the driver's fourth or subsequent DUI conviction within 10 years
• The driver attempts to evade an officer while under the influence;
• The driver causes serious injury or death to another person (including an unborn fetus)

How Long Will Your License Be Suspended if Convicted of a DUI?

Drivers convicted of DUI will also face a period of license suspension based on the number of convictions they’ve had within the last 5 years:

• 1^st offense – 12 months of suspension (may be reinstated after 120 days if the driver completes a DUI education program and pays a $200 fee)
• 2^nd offense – 3 years of suspension (may be reinstated after 18 months upon completion of a DUI education program and a $200 fee)
• 3^rd offense – permanent revocation (driver can apply for a probationary license after 3 years)

If the DUI resulted in injury or death, whether it was a first offense or third offense, the driver will face a 3-year license suspension and be ineligible for early reinstatement or a hardship license.

What Is a Hardship License?

A hardship license entitles a convicted DUI driver to limited driving privileges while their license is suspended. To petition for a hardship license, the driver must be enrolled in treatment or accountability court. The license will be effective during the suspension period and is subject to ignition interlock device (IID) and travel restrictions (e.g., only allowing commutes to work, school, and home). 

• Find out more about how to get a hardship license here or contact our office directly.

Implied Consent Laws in Georgia

Note that like many states, Georgia recognizes “implied consent,” which presumes that all Georgia drivers have impliedly consented to an alcohol or drug test of their breath, blood, or urine if law enforcement has reason to believe they are driving under the influence. 

Anyone who is arrested for a DUI but refuses to submit to a lawful request for a chemical test will face a period of license suspension:

• 1^st refusal in 5 years – 1 year of suspension (may be reinstated after 30 days upon completion of a DUI education program)
• 2^nd refusal in 5 years – 3 years of suspension (may be reinstated after 18 months upon completion of a DUI education program)
• 3^rd refusal in 5 years – 5 years of suspension (driver may obtain a probationary license after 2 years upon completion of a DUI education program)

If you have been charged with a DUI in Savannah, GA, whether for the first time or subsequent time, contact The Ozer Law Firm, LLC for legal representation immediately. Time is of the essence in DUI cases; the sooner you contact us, the sooner we can get started on your defense with the available evidence.

Schedule a free consultation with The Ozer Law Firm, LLC to discuss your legal options regarding your DUI case in Savannah today.