You May Not Have to Have Your License Suspended With Help From a Smyrna DUI Defense Lawyer
As the result of a DUI conviction in the state of Georgia an individual can have their right to drive taken away from them. This can have unfortunate consequences on people who rely heavily on their vehicle to commute to work, school, or perform routine tasks. While the access to public transportation is an option in many major cities, this can still present an unfortunate situation on many Georgians. A driver’s license suspension is a serious consequence which can greatly affect your livelihood.
DUI License Suspension Attorney in Atlanta
If you have been arrested for DUI in Atlanta, Roswell, Marietta, Dunwoody, Smyrna, and surrounding areas, contact Benjamin Von Schuch, Attorney at Law. Atlanta DUI driver’s license suspension lawyer Benjamin Von Schuch is experienced in defending individuals who are facing the loss of their driver’s license as the result of a DUI offense. Call for a free consultation at (678) 948-7811 or send an online message to learn how you can fight to retain your driver's license during this critical time.
Georgia Definition of DUI
O.C.G.A. § 40-6-391 states that it is unlawful for an individual to drive or be in actual physical control of any moving vehicle while they are under the influence of alcohol, drugs or any kind of glue, aerosol or other toxic vapor.
Under this same statute, a person can be charged with driving under the influence if they have an alcohol concentration of 0.08 grams or more, within three hours after driving or being in actual physical control of a vehicle, have an alcohol concentration of 0.04 grams or more, while driving or in actual physical control of a commercial vehicle or have any amount, including its derivatives, of marijuana or a controlled substance present in their urine.
DUI License Suspensions in Atlanta
Under O.C.G.A. § 40-5-63 individuals who have been convicted of driving under the influence in Georgia can have their driver’s license suspended.
For a first conviction of DUI the period of suspension can be 12 months. At the end of 120 days an individual may apply to the Georgia Department of Driver Services for a reinstatement of their driver’s license after the successful completion of a DUI Alcohol or Drug Use Risk Reduction Program
For a second conviction of DUI the period of suspension can be three years. At the end of the first 120 day period of their suspension an individual may apply to the Georgia Department of Driver Services for a reinstatement of their driver’s license after the successful completion of a DUI Alcohol or Drug Use Risk Reduction Program and proof of installation of an ignition interlock device. However, if the second conviction is within the first five years of the first conviction, an individual may not apply for reinstatement until after 18 months of their suspension.
Upon a third conviction of a DUI within five years of the first and second offenses, an individual can be considered a habitual violator and have their driver’s license revoked. A revocation of a driver’s license means that driving privileges are terminated until the Georgia Department of Driver Services sees fit and upon the successful completion of a DUI Alcohol or Drug Use Risk Reduction Program.
Georgia DUI, Alcohol or Drug Use Risk Reduction Program
The Georgia DUI, Alcohol or Drug Use Risk Reduction Program is an intervention program that is regulated by The Department of Drivers Services. The course consists of two components, assessment and intervention. In order to obtain a certificate of completion, both components must be successfully completed. The length of the course is usually 20 hours and must be administered by a school approved by the Georgia Department of Driver Services.
Red Stripe License in Georgia
A person convicted of their second DUI within five years of their first offense may be issued a driver’s license detailed with a red stripe upon reinstatement. After seven years with no convictions of DUI they may be able to receive a regular license under O.C.G.A § 40-5-85.
Benjamin Von Schuch, Attorney at Law | Marietta DUI License Suspension Lawyer
Contact Benjamin Von Schuch if you have been arrested for DUI in Georgia, including the areas of Fulton County, Cobb County, DeKalb County and Clayton County. Fulton County DUI driver’s license suspension attorney Benjamin Von Schuch will review the particular circumstances of your alleged DUI offense and help you get back on the road again. Call (678) 948-7811 or send an online message to learn more during a free and confidential consultation.