Theft and Financial
Crimes:
Bad Checks
(Account Deposit Fraud) Burglary
Conspiracy
Counterfeit Currency Credit Card Theft and Fraud
Embezzlement
Fraud
Forgery
Gambling
Motor Vehicle Theft Receiving Stolen
Property Robbery
Shoplifting
White Collar Crimes
Department of
Public Safety Hearings
Drug Charges and All Controlled
Substance Violations:
Abandonment of Drugs Delivery
Distribution
Intent to distribute
Manufacturing
Possession
Trafficking
Sexual Offenses:
Aggravated Sodomy
Child Molestation
Indecent Exposure
Lewd Conduct
Masturbation for Hire
Pandering
Pimping
Prostitution
Rape
Sexual Battery
Solicitation
Stalking and
Aggravated Stalking
Violent Crimes:
Aggravated Assault
Aggravated Battery Assault and Battery Cruelty
to Children Domestic Violence
Hit & Run
Kidnapping
Spousal Abuse
Manslaughter
Murder
Nonpayment of Child Support
Obstruction of Justice Resisting Arrest Terroristic Threats
Weapons & Gun Charges:
Carrying a Pistol without a
License
Concealed Weapon
Possession of Dangerous
Weapons Possession of
Firearm by Felon
Acworth, Alpharetta,
Carrollton, Chamblee, City of Atlanta, Clarkston, College Park, Conyers,
Covington, Cumming, Decatur, Doraville, East Point, Fulton Magistrate,
Fulton North Annex, Fulton South Annex, Hapeville, Marietta, Municipal
Court of Atlanta, Riverdale, Roswell, Sandy Springs, Smyrna, Stone
Mountain, City of Gainesville
FEDERAL COURTS:
Northern District of Georgia
Middle District of Georgia Southern District of Georgia 11th Circuit Court of Appeals
Supreme Court of the United States
I have been arrested for Driving Under the
Influence (DUI)...What should I do next?
You only have ten (10) days from the date of your
arrest to contact the Department of Driver Services (DDS) office
to schedule a hearing date to save your license and your driving
privileges.
Your DUI / Drunk Driving arrest has resulted
in two cases against you that are legally distinct and separate
from each other:
Department of
Driver Services (DDS) Hearing - This is a civil
proceeding not a criminal. The DDS Hearing is important in
order to keep your license from being suspended for one year
or more. Please note that if you loose the DDS Hearing you
are ineligible to receive a temporary driving permit unless
you win your case in court. It is extremely important to
have a lawyer representing you in this very important
matter.
Court Case -
Takes place in the Criminal Courts. If you are convicted of
a DUI in Court, the Court will decide all the following: the
amount of jail time, the number of months you will serve
probation, the number of months for mandatory attendance at
an alcohol/drug treatment programs, additional restriction
to your license suspension and the amount of fines and
penalties you will have to pay.
* Per Se DUI
Definition (O.C.G.A. DUI Section 40-6-391, Subsections (a) 5
and 6). To be charged in Georgia with a “per se” DUI violation,
you either must have an unlawful blood alcohol level (see below
for limits) or any illegal drugs. Keep in mind that the
prosecuting witness would not have to prove that you were a less
safe driver. He would only have to prove that you had either an
unlawful blood alcohol level or any amount of contraband drugs
in your system.
* Less Safe
Driver DUI Definition (O.C.G.A. DUI Section 40-6-391,
Subsections (a) 1, 2, 3 and 4). In Georgia, if you are charged
as a “less safe” driver, the prosecuting witness will have to
prove that you are driving under the influence (DUI) of alcohol,
drugs, glue or a combination of same to the extent that you are
less safe to drive as a result of such consumption. The officer
typically makes his DUI case by testifying as to any physical
manifestation you exhibit (e.g. odor of alcohol, bloodshot
glassy eyes, unsteady on your feet, slurred speech), or by any
unsafe driving maneuver.
WHAT ARE THE
LEGAL LIMITS OF ALCOHOL IN GEORGIA?
* A reading of 0.08
within three (3) hours of driving is considered DUI if you are
twenty-one (21) or over.
* A reading of 0.02 within three (3) hours of driving is
considered DUI if you are under twenty one (21).
* A reading of 0.04 within three (3) hours of driving is
considered DUI if you are in a commercial vehicle.
* The “less safe” provision of Georgia DUI statutes says that
the State must prove alcohol and/or other intoxicants caused the
driver to be less safe. Being at/over the limit of 0.08 raises
the presumption of intoxication.
* If you have a
Commercial Drives License and tested at 0.04 or above and were
in a commercial vehicle, you are subject to the ten (10) Day
Rule and must file and appeal to request a special hearing
within ten (10) days to contest the suspension of your driver’s
license.
Sentences may include
First
Offense
No prior DUI Offense
Second
Offense
within (10) years
Third
Offense within (10) years
* Revoked License; Habitual Violators Status
4 or more
DUI’s within (10) years
* Revoked License; Habitual Violators Status
License Suspension are
based on the number of DUI’s within a 5 year period.
1 Year Suspension Limited
Permit available by completing the Risk Reduction Course
unless administratively it has been suspened.
3 Year Suspension after
12 months, can seek license reinstatement only by
installing an ignition interlock device on vehicle.
10 year * Revocation
after 24 months, must install an ignition interlock
device on vehicle & a probationary license after this
time for a balance of 10 years.
FELONY OFFENSE
10 years Revocation after 24 months, must install an
ignition interlock device on vehicle & a probationary
license after this time for a balance of 10 years.
Probation
One (1) year
One (1) year
One (1) year
five (5) years, less time
served
Alcohol & Drug Evaluation
and Treatment
Likely part of the
sentence
Mandatory
Mandatory
Mandatory
Proposed Fines
$300.00 to $1,000.00
$600.00 to $1,000.00
$1,000.00 to $5,000.00
$1,000.00 to $5,000.00
Mandatory Minimum Jail
Time
24 hours - 10 days
72 hours - 90 days
15 days - 120 days
90 days - 1 year
Maximum Jail Time
1 year
(the number of DUIs within a lifetime can come into
effect here)
1 year
(the number of DUIs within a lifetime can come into
effect here)
1 year
(the number of DUIs within a lifetime can come into
effect here)
5 years
(the number of DUIs within a lifetime can come into
effect here)
Minimum Community Service
40 hours
30 days
30 days
No less that (60) days
unless your serving a (3) year prison term
DUI School
Mandatory
Mandatory
Mandatory
Mandatory
Publication of photo in
local paper
Publication of photo in
local paper
Publication of photo in
local paper
Surrender license plate
and tag
Surrender license plate
and tag
Surrender license plate
and tag
NOTE:
1. Under age 21 Convictions are at risk of more severe
penalties.
2. Commercial Vehicle Convictions may risk additional penalties.
Everyone hopes that they will never need a Criminal Lawyer and most likely you will not. However, in the event that you are arrested, you need to have competent legal representation. The Lawyers at Belli, Weil, Grozbean & Davis LLP understand the stress of being arrested and the necessity of vigorous representation through all phases of the criminal law process. It is important that you know and understand your rights.
No matter if it is an alleged white collar crime, a motor vehicle charge of Driving Under the Influence, Possession of Narcotics or Domestic Violence, each and every step is vital to your defense. That is why the criminal defense Lawyers at Belli, Weil, Grozbean & Davis LLP will work with you each and every step.
The Lawyers at Belli, Weil, Grozbean & Davis LLP strongly recommend that clients consult an attorney at the first hint of a criminal accusation. Clients are advised to delay speaking to any law enforcement agency until after they have been apprized of their rights under the law. Once retained, the Lawyers at Belli, Weil, Grozbean & Davis LLP will aggressively act to prevent the conviction of the innocent, and to put the State to its proof in every case.
The firm handles all types of
Federal and State criminal cases, misdemeanors and felonies, traffic, DUI and drugs, theft, suspended drivers license, burglary, robbery, domestic violence, forgery, sex offenses, weapons/gun cases, resisting arrest, probation violations, assaults, grand jury hearings and white collar crimes.
BELLI, WEIL, GROZBEAN & DAVIS, LLP
serves the State of Georgia, Washington, D.C. and clients across
the Nation. Georgia lawyers are also licensed in the District of
Columbia, Florida and Montana. Our Law firm works with lawyers across the
country to provide the very best representation for our clients.
Domestic Relations & Family Law
Medical Malpractice
Personal Injury, Wrongful Death & Workers Compensation
Corporate Law
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Real Estate Settlements
Criminal Law
