After your first DUI in Georgia, your bank account takes a big hit. The average cost of a firt-time DUI, when considering direct and indirect costs, exceed $10,000. Higher insurance rates account for much of this cost. Frequently, auto insurance rates double following a DUI conviction. At trial, prosecutors don’t care about what is right or fair. Their only objective is to convict as many people as possible, especially for hot-button political issue offenses like DUI.
The state does whatever it takes to convict people. A Marietta criminal defense lawyer does whatever it takes to reduce or eliminate the harsh consequences of a DUI arrest. Contrary to popular myth, the criminal defense process doesn’t start when the case goes to court. A good Marietta criminal defense lawyer walks defendants through everything that happens after your first DUI in Georgia.
Jail Release
First things first. Many law enforcement agencies now prefer the cite-and-release approach in nonviolent misdemeanor matters. But most agencies have mandatory DUI arrest policies. If they have probable cause, officers must arrest drunk drivers.
So, immediate jail release is an integral part of a first-time DUI defense. Quick jail release jumpstarts a criminal defense. Jail release options in Georgia DUI matters include:
- Pretrial Release: OR (Own Recognizane) release is usually unavailable in DUI matters. Although these offenses are nonviolent, authorities believe that “drunk” drivers pose a threat to the community and therefore, from that perspective, DUI is a violent offense. Generally, only non-violent, first-time offenders are eligible for the least expensive and easiest form of pretrial release.
- Cash Bond: Cash bond in a basic first-time DUI matter is around $750. Aggravating circumstances, such as a collision, a high BAC level, or a child passenger, could raise this amount. Cash bond is like a security deposit. If the defendant meets all conditions of bail, the county refunds most of the deposit when a Marietta criminal defense lawyer resolves the case.
- Bail Bond: High cost is the main drawback of cash bond. To many families, including ours, $750 might as well be $750 million. Most bonding companies charge about a 15 percent premium for most bail bonds. If the defendant “jumps” bail (doesn’t live up to all conditions), the bonding company bears the financial risk.
Common conditions of bail include appearing at all required hearings, remaining in the county, and perhaps most of all, avoiding further trouble with the law. A Marietta criminal defense lawyer usually convinces judges or bonding companies to give wayward defendants a second chance, unless they catch new cases.
A Marietta criminal defense lawyer can ease bail restrictions at a bail reduction hearing. Under the Eighth Amendment, bail conditions cannot be punitive. These conditions must only guarantee the defendant’s appearance at trial.
Vehicle Forfeiture
Don’t let this header scare you. Authorities rarely enforce their civil forfeiture powers in DUI cases. But, under the law, they could seize vehicles or any other property used in the commission of a crime or purchased with crime proceeds.
If the state seizes a vehicle, a Marietta criminal defense lawyer usually negotiates a buyback with prosecutors. Since most used vehicles have practically no financial value, the buyback amount is usually minimal.
Driving Issues
Drivers’ license issues, unlike vehicle forfeiture, are an inevitable result of a first-time DUI. Common restrictions include drivers’ license suspension and an IID requirement.
Post-DUI conviction drivers’ license suspension is almost inevitable. Pre-DUI conviction suspension is also possible if the defendant failed a chemical test or refused a lawful demand to provide a chemical sample.
Post-Conviction Suspension
A Marietta criminal defense lawyer cannot do much about post-conviction suspension. This restriction is rarely negotiable. However, a hardship drivers’ license is usually available in these situations.
Convicted DUI defendants are eligible for a limited permit (hardship license) after they complete a “hard” suspension period, during which they are unable to drive for any purpose. Hard suspension times vary, but they’re usually around two weeks. Next, a Marietta criminal defense lawyer must obtain an Affidavit of First Conviction from the judge and forward it to the Georgia Department of Driver Services (DDS). The limited permit restricts driving to essential purposes, such as work or medical appointments.
Ignition Interlock Devices are usually a condition of bond and a condition of probation. Mechanics attach IIDs to ignition switches. If the driver’s BAC level is above a certain level, usually .04, the vehicle won’t start.
Pre-Conviction Suspension
The same hard suspension and hardship license requirements apply to pre-DUI conviction drivers’ license suspensions. These suspensions also involve the Administrative License Review process.
In Georgia, defendants who fail or refuse chemical tests have thirty calendar days from the date of arrest to request an Administrative License Suspension (ALS) hearing. If you do not take one of these actions, the full suspension period automatically goes into effect.
Incidentally, drivers’ licenses don’t automatically become valid again when suspension periods end. Drivers must file an application, pay a reinstatement fee, and show proof of insurance.
The ALS deadline is very tight. Making matters worse, the thirty-day letter is usually either buried in a mass of post-arrest paperwork or mailed to the wrong address. The DMV sends correspondence to the driver’s address of record. Unless drivers diligently update their addresses on their licenses, the addresses of record are wrong.
For a Marietta criminal defense lawyer, the ALS appeal hearing is an uphill climb, to say the least. The state must only prove the officer had probable cause to demand a sample or introduce the failed test results into evidence.
But, at this hearing, even a loss is a victory. A Marietta criminal defense lawyer cross-examines the arresting officer on the record. If the officer later makes inconsistent statements, even on seemingly minor points, the officer loses credibility with jurors. The burden of proof in criminal cases is so high that slight witness credibility issues create major problems for prosecutors.
Lots of things happen after your first DUI in Georgia. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
