If you are arrested for DUI in Gainesville, you need to take the charge seriously. If convicted, you can face serious consequences that can impact every part of your life.
After this arrest, you will likely have questions. At this point, one of the best things you can do is get in touch with our DUI lawyer at Hines Law. We can answer your questions and take steps to protect your rights.
What Happens After a DUI Arrest?
If you are arrested and charged with DUI in Gainesville, there are two potential outcomes.
The first is a criminal trial. With this, you face a criminal conviction, large fines, alcohol treatment programs, jail time, probation, and community service.
The second is an administrative hearing. During this hearing, you present an argument about why you should not have your license suspended.
You have just 30 days to figure out if you will have an administrative hearing or if you will waive this right and receive an ignition interlock permit. Failure to act will likely result in the Georgia Department of Driver’s Services spending your license for one year starting on the 45th day after you are arrested for DUI.
First DUI Conviction Penalties
When you are arrested for DUI in Georgia, you will face serious consequences, even if you are a first-time offender. Unfortunately, with every subsequent conviction, the consequences get even more serious.
The possible consequences you will face for a first DUI conviction include:
- Fines: You will face fines that can range from $300 up to $1,000.
- Jail time: You face imprisonment of at least 10 days but not more than 12 months. The judge for your case can stay or suspend the jail time.
- Alcohol program: It’s required that you complete a DUI alcohol program.
- Community service: You will be given 40 hours or more of community service. For a conviction of someone under the age of 21, the penalty is 20 hours or more.
Understanding Georgia’s 30-Day Rule
After being arrested for DUI in Georgia, your license will be automatically suspended for a year. You can avoid this if you file an appeal within 30 days of your DUI arrest.
For many people, losing the ability to drive for a year can be devastating and create a serious hardship for you and your family. It’s necessary that you act to potentially save your license and the ability you must continue driving. If you don’t act by the 30-day deadline, then your license is suspended.
What Happens if You Do Nothing?
While DUI arrests can be stressful and frustrating, you should never be content and do nothing. Failure to request your hearing within the 30-days and not waiving the hearing to apply for the ignition interlock permit means you lose all driving privileges. Additionally, if your hearing is unsuccessful, your license will be suspended.
If you did not submit to the testing at the time of your DUI arrest and you do not act by the time the 30-day deadline passes, then your license is going to be suspended for 12 months. At this point, it is considered a “hard suspension.” This means you can’t drive for any reason, which includes going to work or taking your children to school.
If you agreed to the testing when you were arrested for DUI, then your license can be suspended for 120 days. You also have the option to apply for a restricted license, which will allow your driving privileges to be reinstated after 30 days.
The Form 1205
When you are arrested for DUI, the officer will provide you with a Form 1025. It is from the Georgia Department of Driver Services and is provided to individuals arrested no matter if they refuse or agree to testing. With the form, you are given 30 days to appeal. During that 30-day period, your license is not suspended. Instead, Form 1025 is your notice that the state intends to suspend your license.
Hire Our DUI Lawyer for Help with Your Case
As you can see from the information above, there are more than a few things that you must consider and do after being arrested for DUI in Gainesville. It is best to consult with our legal team at DUI lawyer to learn more about your rights. We can also help ensure you act within the set deadlines to help restore your driving privileges.
We understand how serious a DUI charge is and how it can impact your life now and in the future. Because of this, our legal team is dedicated to fighting for your rights and helping you preserve your driving privileges. If you are facing DUI charges or have questions, get in touch with our legal team today. We are here to help you with your case.