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Rossville DUI/DWI Attorneys

A conviction for DUI/DWI in Georgia often leads to large fines, extensive jail time and driver’s license suspension. The cost to one’s reputation may be even greater. The biggest mistake individuals make when arrested for a suspected DUI/DWI is not immediately calling an attorney due to not appreciating the possible consequences.

Time Is Of The Essence When Facing A DUI/DWI Arrest

When pulled over for alleged drinking and driving, you may next find yourself in jail. During an arrest, arresting officers will ask you a number of questions. Prosecutors will use any admission you give to officers against you in court. Officers will possibly ask you to submit for a breath or blood test. Any blood alcohol reading above .08% allows for police officers to arrest you for DUI. (Commercial drivers and individuals under the age of 21 face DUI/DWI charges at lower readings.) And even when registering a lower blood alcohol reading, you may still face charges if it is felt that the influence of alcohol is affecting your driving.

Those arrested for a DUI only have an extremely short time period to prevent their driver’s license from being suspended. You will need to file an administrative appeal within days of the arrest to prevent a one-year license suspension.

By contacting Harriss and Hartman Law Firm, P.C., immediately following an arrest, you’re providing us the opportunity to explain your options before any officers have an opportunity to gather incriminating evidence. We help you understand your rights under such circumstances and guide you through the entire process. Our firm also files a timely appeal to possibly stop a license suspension. It is our job to look out for all of your needs.

What Are The Implied Consent Laws In Georgia And Tennessee?

In both Georgia and Tennessee, implied consent laws play a crucial role in DUI cases. These laws state that by driving on public roads, you have implicitly agreed to submit to chemical tests if suspected of driving under the influence.

In Georgia, refusing to take a chemical test after being arrested for a DUI can result in an automatic one-year license suspension for a first offense. Subsequent refusals can lead to longer suspensions and may be used as evidence against you in court.

Tennessee’s implied consent law is similar. Refusing a test can result in a one-year license revocation for a first offense, with longer revocations for subsequent refusals. Additionally, in Tennessee, refusing a test can result in mandatory jail time if you’re convicted of DUI.

Consequences For DUI Offenses

DUI offenses carry severe penalties. In Georgia:

First offense: Up to one year in jail, fines up to $1,000, license suspension for up to one year and mandatory DUI education classes.
Second offense (within 10 years): Minimum 72 hours in jail (up to one year), fines up to $1,000, license suspension for three years and mandatory community service.
Third offense (within 10 years): Minimum 15 days in jail (up to one year), fines up to $5,000, license revocation for five years and potential vehicle forfeiture.

Additionally, Georgia imposes mandatory clinical evaluation and completion of a substance abuse treatment program for all DUI convictions.

Tennessee also enforces strict penalties for DUI offenses, including fines, license revocation and mandatory enrollment in alcohol education programs. The consequences escalate with repeat offenses and may include extended jail sentences.

What Happens If I Get A DUI In A State Other Than Where I Live?

If you get a DUI in a state other than where you live, the consequences can be complex and far-reaching. The state where the DUI occurred will handle the criminal case, but your home state may also take action against your driver’s license.

For example, if you’re a Georgia resident who gets a DUI in Tennessee, you’ll face the criminal penalties in Tennessee. However, the Georgia Department of Driver Services may also suspend your license.

Can I Get A DUI If I Am Not Driving?

Yes, in both Georgia and Tennessee, you can be charged with a DUI even if you are not actively driving. If you are in physical control of a vehicle while under the influence, you can be charged. This means being in the driver’s seat with the keys in your possession can be enough for a DUI charge, as it demonstrates the potential to operate the vehicle.