My Cousin Danny
What is the Penalty for My DUI?
This is a common question, and the answer is it depends. Let My Cousin Danny evaluate your case and put you in the best position to keep your license, pay the least amount in fines, or have the case dismissed entirely.
Call now 470-275-1500.
No Prior DUIs
A first conviction for a DUI will be a minimum fine of $300.00 up to a maximum of $1,000.00, ten days to 12 months imprisonment, a minimum 40 hours of community service, drug and alcohol evaluation with any recommended treatment, and successful completion of DUI school. However, if the alcohol concertation was under 0.08 (0.02 under 21, or 0.04 commercial license) the judge can suspend, stayed, or probated any jail time. If the offender’s alcohol concentration at the time of the offense was 0.08 grams or more (0.02 under 21, or 0.04 commercial license), the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment.
A First DUI conviction without 12-Month Imprisonment will lead to a mandatory probation period of 12 months, with the individual being given credit for any time spent incarcerated.
Department of Driver Service (DDS) First Offense Penalties
For a driver over 21 years old a DUI will most likely result in a 120-day license suspension, $210.00 fine and DUI school; with limited driving permit being made available if the driver qualifies.
For a driver under 21 years old, If the blood alcohol concentration (BAC) was under .08 percent, then the suspension period shall be 6 months, fines of $210.00 and DUI school. If the BAC was more than .08 percent then the suspension period shall be 12 months.
DUI lawyer My Cousin Danny employs many successful defenses to combat a DUI arrest. From challenge the validity of the DUI stop, suppressing test results by filing motions, challenging the method of field sobriety testing, challenging the implied consent notices, and or the validity of the breath or blood test results My Cousin Danny is equipped to get your case dismissed, or get you the best possible result.
Do you need a Lawyer? You sure do. 470-275-1500
Second DUI within ten-years of a prior DUI
The time period is measured from the dates of previous arrest for which conviction was obtained (or plea of nolo contendere was accepted) to the date of the current arrest for which a conviction is obtained (or a plea of nolo contendere is accepted).
A second DUI within a ten-year period will likely result in a fine of not less than $600.00 and not more than $1,000.00, a period of imprisonment of not fewer than 90 days and not more than 12 months. The judge may probate a portion of the imprisonment; however, the offender shall be required to serve at least 72 hours of actual incarceration. Furthermore, a second in ten offender will perform at least 30 days of community service; completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days following the conviction (or within 90 days of release from custody if incarcerated); get a clinical evaluation for drug and alcohol abuse with, completion of a substance abuse treatment program if referred; and be subject to a period of probation of 12 months less any days during which the person is actually incarcerated.
Do you need a Lawyer? You sure do. 470-275-1500.
A second in ten DUI in DeKalb Superior Court, Gwinnett Superior Court, Fulton State Court, Cobb County Superior Court or anywhere is the State of Georgia is no joke. That is why you need a knowledgeable and aggressive advocate on your side. My Cousin Danny will take the time to review the records, get the police reports, watch the officer’s body cam footage and put you in the best position to win your case, or minimize penalties.
Department of Driver Service (DDS) Second Offense Penalties
In addition to the penalties outlined above, a second DUI conviction will have an impact on your driver’s license. For driver’s license penalties DDS uses a five-year look-back period. A DUI conviction will be considered a second conviction for license purposes only if you had another DUI arrest (for which you were convicted) within the previous five years. For drivers over 21 years old a second, non-drug-related DUI conviction within five years of the prior conviction will result in DDS will suspending your license for three years.
After you’ve served 120 days of the three-year suspension, you may be eligible for an ignition interlock device (IID) limited permit. This type of permit allows you to drive to and from work or school, to get medical treatment, and other approved destinations, as long as you have an ignition interlock device installed on your car or truck. To be eligible for an ignition interlock permit you have to be enrolled in an accountability court like a DUI or drug court or a state-certified alcohol and drug abuse treatment program.
After serving 18 months of your three-year suspension, you can request early reinstatement of your license if you’ve met certain requirements. You’ll have to provide the DDS with proof that you’ve completed a state-approved Risk Reduction Program, and you’ll have to pay a reinstatement fee of $210.00; and you will also have to provide proof that you’ve had an IID installed in your vehicle for a one-year period.
Let My Cousin Danny explain how you cannot just wait out the full three years of suspension and have your license reinstated. Georgia law makes it clear that if you want your license back, you have to completion a Risk Reduction Program and pay the reinstatement fee, no matter how much time has passed since your conviction. Let My Cousin Danny show you how a license suspension resulting from a conviction is different from an “administrative license suspension.” An administrative suspension can be imposed by DDS before you even go to court for your DUI. Confused? -That’s understandable. That is why you need My Cousin Danny to protect you.
Call 470-275-1500 now.
License Suspensions for DUI-Drug Cases
If your DUI conviction was drug-related (the influence of drugs alone, or alcohol and drugs combined) you face different rules regarding license suspension. For a second DUI-Drug conviction in five years, DDS will issue a yearlong “hard suspension” of your license, meaning that you won’t be allowed to drive for 12 months, period. But if you enter an alternative sentencing program like a DUI or Drug Court, you might be eligible for limited permit.
Third DUI within ten-years of Prior DUIs
A third DUI within a ten-year period is a “high and aggravated” misdemeanor. For the third conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained (or plea(s) of nolo contendere were accepted) to the date of the current arrest for which a conviction is obtained (or a plea of nolo contendere is accepted) you can expect a fine of not less than $1,000.00 and not more than $5,000.00; A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months, the judge may probate a portion of imprisonment, but the offender shall be required to serve15 days of incarceration. Furthermore you will perform 30 days of community service; Complete of a DUI Alcohol or Drug Use Risk Reduction Program within120 days of the conviction, (or within 90 days of release from custody); receive a clinical evaluation, and completion of any substance abuse treatment program recommended; and period a of probation of 12 months less any days during which the person is incarcerated.
Do You Need a Lawyer? You Sure Do; 470-275-1500
Department of Driver Service (DDS) Third Offense Penalties
If this is your third offense within a five -year period, and you are 21 or over, you have achieved the status of Habitual Violator and your license is revoked for five years. In order to get your probationary license after two years, you will have to complete DUI school, complete assessment and counseling, and have the ignition interlock device installed in your car. You can then get your probationary license and will be required to have the ignition interlock device for at least six months.
Common Legal Questions
How do I file for divorce?
A divorce is initiated by filing a Domestic Relations Case Initiation Form, Summons, and Petition for Divorce with the Court Clerk of the relevant County of the Parties; and paying a filing fee. Once a divorce is properly filed the Respondent (person not initiating the divorce) must be served with process.
How long before I get my license back?
It depends on your past driving history, your age, the class of driver’s license you have and the current charges against you. As an example, for drivers over 21 years old a second, non-drug-related DUI conviction within five years of the prior conviction will result in DDS will suspending your license for three years. Call to discuss the specifics of your case.
What Can i drive with a DUI?
Once again, it depends. If your DUI conviction was drug-related (the influence of drugs alone, or alcohol and drugs combined) you face different rules regarding license suspension. For a second DUI-Drug conviction in five years, DDS will issue a yearlong “hard suspension” of your license, meaning that you won’t be allowed to drive for 12 months, period. But if you enter an alternative sentencing program like a DUI or Drug Court, you might be eligible for limited permit.
Can I get 50/50 Custody?
In Georgia child custody has two components: legal custody and physical custody. Legal custody is the right and ability to talk to your child’s doctor, teachers and such. Think of it as the ability to have a say in their life. Physical custody is the person who the child primarily lives with. Most divorcing parents will have joint legal custody (50/50 custody) of any minor children born of the marriage, while designating one parent as the physical custodian of the child or children. However, it is possible to have 50/50 joint legal and physical custody.
How much does a divorce cost?
There is no magic answer to that question. Other than everybody paying the same filing fee to initiate a divorce each divorce contains different issues, different disputes and different personalities. The Parties to the divorce have the biggest influence on the final cost of the divorce. Litigants who are fighting over silverware and toiletries out of spite for each other are likely to spend a larger amount that people who have resolved most of their issues. High value divorces with stocks, multiple parcels of real property, business or large pre-marital assets will also cost more than divorces with less assets. Lawyers sell their time. A divorce that takes more hours is going to cost more than a divorce that takes less hours. Let’s talk about your divorce so you will have an idea of the total cost.
Can i leave the state with my kids?
A well drafted parenting plan will cover contingencies and events you might not have though of. Interstate, intrastate and international travel are all issues that should be considered before signing any agreement. Depending on the facts of your case out of state travel with your children should be permissible with reasonable notice to the child’s other parent. What is reasonable notice? Call me, and lets talk.
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