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Georgia Driving Under the Influence - DUI - Questionnaire

Category:
Criminal - Driving under the Influence
State:
Multi-State
Control #:
US-Q1012
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

A first DUI offense in Georgia is a misdemeanor charge. However, this does not mean that the consequences are minor. The minimum penalties for a first DUI in Georgia can lead to jail time and a suspension of your driver's license.

In Georgia, Driving Under the Influence charges are generally misdemeanor offenses, but in certain circumstances, DUI can be charged as a felony offense. Facing criminal charges can be especially troubling because a conviction could potentially follow you for the rest of your life.

A new GA DUI law 2019 was put into law April 28, 2019. Requesting a hearing within 30 days after your arrest for DUI. So, now a breath, blood or urine test can be requested, but a DUI refusal of the forensic breath alcohol test cannot be used against you in court.

A good defense attorney can often make arguments that either the officer did not inform you of the consequences of a refusal or that you did not actually refuse the test but merely questioned it. These are two of the best arguments for getting rid of a DUI refusal.

The DUI sentence in GA includes 24 hours of DUI jail time (for those who have a post-arrest alcohol test number over the Georgia DUI limit) to 12 months in jail, with any days that the defendant is not incarcerated to be served on probation for the full year.

Under OCGA 40-6-391, penalties for your first dui conviction include at least 24 hours in jail for a first DUI offense if the blood or breath alcohol levels are 0.080 grams percent or higher.

Minors: In addition to court-imposed penalties, drivers between the ages of 15-21 who are convicted of impaired driving must delay obtaining their graduated license for 12 months. The BAC level for DUI for persons under 21 has been established at . 02, while the level for adults is . 08.

Reduced to basic terms, most misdemeanor DUI offenses consist of four basic elements: (a) the prohibited vehicular activity ? the operation or other use, (b) of a vehicle (usually a ?motor vehicle?), (c) in a location identified as being covered by that state's laws, (d) while influenced by the consumption of an ...

A Georgia prosecutor can still prove you were intoxicated even if you were not over the "legal limit." Evidence such as field sobriety tests, admissions by the driver, or the presence of alcohol or drugs in the vehicle can all be used to prove you were intoxicated at the time of your arrest.

For your 1st DUI conviction, the maximum consequences are a fine of up to $1,000, 1 year in jail, or both. The minimum consequences are 24 hours in jail and a $300.00 fine. Other consequences include 40 hours of community service, 12 months probation, DUI Alcohol or Drug Use Course or a substance abuse evaluation.

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