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.

Our legal team has over four decades of experience in DUI defense.
Contact the firm today and discuss your situation!

What are the penalties for a DUI conviction?

The 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 the hearing.

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.

Get Answers to Your DUI Questions

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.

The DUI 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!

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