Driving under the influence may feel inconsequential at the time, but it is an extremely dangerous, avoidable action that can lead to severe injury or death for yourself or others. If you are caught operating a vehicle while intoxicated, you will most likely be arrested. The time of arrest is a scary moment, filled with uncertainty about what’s next. While you should never drive under the influence, not all is lost if you are arrested for a DUI.
Follow these steps after a DUI arrest:
Know the Consequences of a DUI Arrest
Driving under the influence is a very serious charge. In Georgia, drunk driving caused 3,241 fatalities between 2009 and 2018. If you are arrested, it is important to fully understand what you are facing.
In Georgia, a First-Offense DUI for drivers over the age of 21 can result in:
- Mandatory minimum sentence of 24 hours in jail (can last up to one year)
- Probation
- Fines between $300 and $1,000
- 40 hours of community service
A Second or Third-Offense DUI can result in:
- Up to one year of jail time
- Fines between $1,000 and $5,000
- 30 days of community service
Your license will also be suspended for 12 months, but you can apply for reinstatement after 120 days. To reinstate your license, you will also need to:
- Present a Certificate of Completion of a DDS-approved DUI Alcohol or Drug Use Risk Reduction Program
- Submit payment by mail or in person
The Georgia Implied Consent Law also has an impact on the status of your license after a DUI arrest. Under the law, drivers are required to submit to state-administered chemical tests at the request of an officer if they are suspected to be under the influence. If you refuse, your driver’s license will be suspended, and you will be ineligible for a limited driving permit if you are convicted of DUI.
Remember Your 5th Amendment Right to Remain Silent
During your arrest, officers will likely ask you questions designed for you to implicate yourself. You have the legal right to remain silent and avoid self-incrimination. If you are asked “have you been drinking tonight?” or “how much did you drink tonight?”, don’t answer and tell the officer that you would like to invoke your 5th amendment rights.
Gather Evidence on Your Case
If your case goes to court, your attorney will need to see different types of evidence. This can include:
- Results of blood, breath, or urine testing
- Police video of your arrest
- Photographs and other physical evidence
Some attorneys recommend hiring a private investigator who can gather evidence from the scene of the arrest and speak to witnesses.
You should also be prepared in this area. Keep track of the details of the night you were arrested and make sure your story doesn’t change. The period after your arrest may be a stressful time, but it’s crucial to stay consistent and keep your facts straight during the legal proceedings.
Talk to a DUI Attorney as Soon as Possible
Gregory Bushway, Attorney at Law, is well-trained in these areas and will work to gather evidence and challenge your charges in court. As an expert in the legal field, he can also offer you guidance and insight as you navigate the legal system.
Are you facing a DUI charge? Talk to Bushway Law Firm by calling 478-621-4995.
Gregory Bushway is a former prosecutor who has successfully served as a criminal defense attorney in Macon, Georgia, since 2013. Having worked on many different sides of the law, he knows your opponent and will fight for your rights. Tell us about your case today: 478-621-4995
Related Blogs:
Part 2 – FAQs about a DUI in Georgia – Bushway Attorney at Law (bushwaylawfirm.com)Different Types of Arrests, Part 3: Juvenile Arrest
What You Can Expect After a DUI Arrest – Bushway Attorney at Law (bushwaylawfirm.com)