Until recently, a DUI or DWI was
considered more of a routine traffic violation (certainly not routine but also
not taken as seriously as it is now), and treated accordingly. However,
attitudes have changed along with the laws in many states. DUI or DWI is now
routinely handled as any severe criminal offense. In most states, you may be
convicted if your BAC or blood alcohol content is 0.08% or higher, or you fail
a field sobriety test.
You do not need an Atlanta, GA DUI lawyer to
figure this out but you will need one if you receive a DUI ticket.
When it comes to minors, most states
like Georgia have zero tolerance laws while the limit for commercial drivers is
usually .04%.
DUI
and DWI
In the latter states, DWI is considered
a serious offense, while DUI is a lesser one. A greater BAC can result in a
driver being accused of a DWI, rather than a DUI. An Atlanta DUI attorney can
explain this to you clearly.
DUI/DWI
penalties are serious!
A first-time DUI/DWI conviction invites
severe penalties and none of them are attractive to someone who does not want
to have to pay a bunch of money and go through all sorts of hoops and hurdles. If
you thought your life was complicated before, it can become much more severe.
This is much worse than just getting a C on a math test when you felt you
should have received a B. Depending on how you are charged, you can be in for
some/all of the penalties that are listed right here:
- Temporary confiscation of your motor vehicle
- Fines in the thousands of dollars
- Installing an ignition lock that prevents you from starting your car
- Probable jail time
- Probation
- Revocation of driver's license
- Community service
- Completion of classes in substance, at your expense of course
The penalties increase in case you
caused an accident or are a repeat offender. Your Atlanta, GA DUI lawyer cannot
change that but they can possibly deflect some of these charges from sticking
to you. In addition, you will be burdened with a criminal record which will
possibly remain for the rest of your life. You can have it expunged but that is
expensive and involves more of your time as well. Your lawyer can help you with
this too.
Being
charged with a felony
If you happen to have more than one
prior conviction you are likely to be prosecuted for felony DUI/DWI, even if
there was no accident. In the event of the accident causing death, you are
liable to be charged with vehicular homicide or at least manslaughter, leading
to imprisonment for years or sometimes even decades.
You can request a court to get your
criminal record "expunged" or deleted from the public record as
already mentioned. You can expunge DUI charges and arrests but not convictions.
You and your lawyer can discuss this. Both of you will have plenty to speak
about depending on the degree of charges. The more charges that are being
applied to your case the more you will have to talk to your legal representative about.
Sometimes the DA
overreaches and your legal professional can block some of these charges from
actually becoming official.
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