Advocacy Against DUI Charges in Marietta
Powerful Defense Against Drunk Driving Charges of All Kinds
Driving under the influence is not merely a traffic violation in Georgia, it is a
criminal offense. Lawmakers in the state have criminalized drinking and driving with the
goal of preventing individuals from getting behind the wheel while intoxicated.
If you have been arrested and accused of driving under the influence of
drugs or alcohol, you must take action now to defend your legal rights.
What are the penalties for a DUI conviction?
penalties for a conviction of DUI are covered in Georgia Code § 40-6-391. In
most situations, a conviction may result in thousands of dollars in fines,
jail time lasting months or even years, and
driver's license suspension. These penalties increase with each additional DUI conviction an individual
gets. Whether this is your first DUI or you are facing a second or third,
a DUI attorney in Marietta may be the key to successfully fighting the
charges and minimizing your penalties.
The penalties for a first-time DUI conviction may include the following:
- Monetary fine between $300 and $1,000
- Imprisonment between 10 days and 12 months
- Suspension of driver's license
- 40 hours of community service
- Alcohol/drug treatment or counseling
For a third conviction, you can be fined $5,000 and held in jail at least
120 days. If you are arrested for a fourth time, you can be convicted
of a felony and held in state prison for up to 5 years. The consequences
of a DUI are severe—it is imperative that you protect your rights
in court and build a stronger case in your defense. A skilled Marietta
DUI lawyer from the firm may help you get informed about your situation
and your legal options moving forward.
Restoring Your Suspended Driver's License
Driver's license suspension is one of the most damaging consequences
of a DUI. It can occur right after an arrest, before you have even gone
to court to settle the charges. At Henrickson & Sereebutra, the
criminal defense team represents clients in administrative suspension
hearings and criminal court to help them protect their driving privileges.
Your license could be suspended for 120 days, one year, or even permanently!
If your license was suspended during a DUI arrest in Georgia,
you only have 30 days to request a hearing with the DDS. If you fail to request a hearing in time, your license automatically
goes into suspension. Schedule your hearing immediately, and then retain
the services of a DUI lawyer who can defend your driving privileges in
court and in the DMV hearing!
Updated Georgia DUI Laws May Influence Your License Suspension
Under Georgia law, if you have been arrested for a DUI and are facing suspension
of your driver’s license, you have 3 options. You can either do
nothing, appeal for a hearing, or apply for an ignition interlock device
limited permit (IIDLP). However, you can only choose 1 option. This means
you cannot appeal and apply for an IIDLP. If you choose to do nothing,
your driver’s license will be suspended 46 days after you are served
with the DS-1205 form. Should you choose to appeal the suspension, your
driver’s license and driving privileges will be pending until after
An IIDLP allows you to drive for limited reasons. Furthermore, you will
only be able to drive a vehicle that has the ignition interlock device
installed, and you have to apply for the IIDLP within 30 days of being
served with the DS-1205 form. Once the device is installed, you must take
the vehicle to the ignition interlock provider for monthly inspections.
If you refuse to submit to the state’s chemical testing at your
arrest, you will have to use the IIDLP for at least 1 year. However, if
you comply with the state’s chemical testing, you may only have
to use the IIDLP for 4 months.
Your ability to choose between the 3 options depends on various factors:
- Your age
- Your driving record
- Your license status
If you are 21 or older, have a valid Georgia driver’s license, and
have never been arrested/charged with a DUI (or have not been convicted
of a DUI within the past 5 years), you will be able to choose all 3 options.
However, if you are under 21, do not have a valid Georgia driver’s
license, or have been convicted of a DUI within the past 5 years, you
will only be able to do nothing or appeal. Our Marietta DUI defense attorneys
can analyze your situation and discuss your options regarding Georgia’s
updated DUI license suspension laws as you pursue a favorable outcome.
For more information about these laws,
contact our firm today for a free consultation.
40+ Years of Collective Legal Experience
Charges of DUI may come alongside other criminal charges, especially when
the situation involves an accident or injuries. The circumstances of a
DUI arrest may even result in a felony offense. Whatever charges you face
in relation to DUI, the legal team at Henrickson & Sereebutra
may help you find a positive solution.
The firm handles DUI cases of all kinds, including:
Get Answers to Your DUI Questions
Learn more about DUI and related issues, such as:
The team of former prosecutors at Henrickson & Sereebutra is certified
by the National Highway Traffic Safety Administration. They have completed courses on DUI detection and standardized field sobriety
test procedure. TheDUI defense lawyers in Marietta at
Henrickson & Sereebutra use their working knowledge of DUI laws and procedures to build stronger
cases for our clients. Their defense team does not stop at the minimum
when it comes to delivering results.
Arrested for DUI?
Schedule your free consultation with Henrickson & Sereebutra and take the first step to protecting
your rights and your driving privileges!