Criminal Defense And DUI Expert
Attorney Judy Kim has a unique advantage when it comes to defending her clients charged with driving under the influence with a unique perspective of the process. If you have been arrested, such as an underage DUI, there is no other criminal defense attorney in the Atlanta area that is better equipped to handle your case.
STATE LAWS
If you are caught driving a motor vehicle while under the influence of drugs or alcohol, you will be arrested and booked on charges. Some of the laws pertaining to driving under the influence in Georgia include:
- You are considered too drunk to operate a vehicle when your blood alcohol content level (BAC) meets or exceeds .08%.
- If you are under the age of 21, you are not permitted to operate a vehicle if your BAC meets or exceeds .02%.
- If you are a commercial truck driver, you are not permitted to operate a commercial vehicle if your BAC meets or exceeds .04%.
- You will be arrested and booked on DUI charges if you drive under the influence of any illegal drug, prescription drug, glue, aerosol, or other toxic vapor to the extent that it is no longer safe for you to drive. Even if the drug you took is legal, you can still be arrested if it has impaired your ability to safely operate a vehicle.
THE 10-DAY RULE
If you have been arrested for a driving under the influence, you have 10 business days from the date of your DUI arrest to properly request an administrative license suspension hearing from the Georgia Department of Driver Services. This is a separate court date from the court date you may have received on your citations. A failure to request this special hearing will result in your driver’s license being suspended, possibly for as long as an entire year. You will want to consult with a knowledgeable attorney before your hearing to enhance your chances of retaining your driving privileges.
It is imperative you understand the importance of this hearing. Losing your license will result in great difficulty for many aspects of your life. How will you get to school or your job without driving? Loss of a driver’s license will require you to become dependent on your relatives or friends for transportation to your job, the store, the movies – anywhere you need or want to go! Having your license suspending can cause significant distress and unnecessary inconvenience to both yourself and others. To give yourself the best possible chance of avoiding a license suspension, enlist the support of a reputable attorney as soon as you are charged with DUI.
Areas Of Expertise
PENALTIES
First DUI Within 10 years:
- $300 to $1,000 fine plus statutory surcharges and probation fees
- 10 Days to 1 Year in Jail all but 24 hours may be served on probation
- DUI School known in Georgia as the Risk Reduction School
- 40 Hours of Community Service if over 21
- 20 Hours of Community Service if under 21
- Clinical evaluation for substance abuse and treatment if needed
- 1 Year Probation
- 1 Year License Suspension if breath test was not refused and over 21 and upon completion of DUI school may apply for a limited drivers licenses that is valid for 120 days. After 120 days may have full license reinstated
- Under 21 and BAC of .08% or more 1 year hard suspension, no limited driver’s license.
- Under 21 and BAC under .08% 6 month suspension with no limited driver’s license
Second DUI Within 10 years:
- $600 to $1,000 fine plus statutory surcharges and probation fees
- 90 Days to 1 Year in Jail all but 72 hours may be served on probation
- DUI School known in Georgia as the Risk Reduction School
- 30 Days of Community Service (240 hours to 250 hours)
- Mandatory Alcohol Evaluation and/or Treatment
- License plate confiscation all licenses plates registered to the offender are confiscated by the court and reissued after a limited driver’s license or full reinstatement is issued (there is a possible hardship exception)
- Photo and disposition published in the county legal newspaper
- Up to 1 Year Probation
- Suspension of drivers licenses all drivers 3 Years, with no limited license for 12 months for Georgia residence
- Under 21 possible reinstatement after 18 months and completion of the DUI School and clinical evaluation
- 21 and over drivers may apply for 6 month ignition interlock device after 12 months, if authorized by court order
- Clinical Evaluation mandatory minimum 17 week treatment program in order for Georgia Licensee to be eligible of a limited driver’s license
- Ignition Interlock Device required for eligibility for a limited driver’s license after 12 months for drivers 21 and over, if court ordered
Third DUI Within 10 years (Declared a Habitual Violator):
- $1,000 to $5,000 plus statutory surcharges and probation fees
- 120 days to 12 to months in Jail all but 15 days may be served on probation
- 30 Days Community Service (240 hours to 250 hours)
- Alcohol Evaluation and/or Treatment
- Up to 1 Year Probation minus any jail time served
- Photo and disposition published in the county legal newspaper
- License plate confiscation all licenses plates registered to the offender are confiscated by the court and reissued after a limited driver’s license or full reinstatement is issued (there is a possible hardship exception)
- All drivers 5 Year License Revocation with no limited license for 24 months for Georgia residence
- Under 21 no limited or full driver’s license for full 30 months for Georgia residence
- 21 and over drivers possible probationary license for Georgia licensees after 24 months if DUI School and clinical evaluation and required treatment completed, liability insurance proven, and interlock installed for 6 months
- Ignition Interlock Device
Fourth DUI Within 10 years (A Felony if all Four Arrests Occurred After July 1, 2008):
- 1 to 5 years in jail of which all but 90 days may be served on probation
- 12 to 60 months’ probation minus any jail time served
- $1,000 to $5,000 fine plus surcharges and probation fees
- Possible seizure and forfeiture of motor vehicle if already declared a habitual violator for 3 prior DUI convictions and convicted for new DUI
- All other requirements stated above
AGGRESSIVE DUI DEFENSE IN ATLANTA
Attorney Judy Kim has an in-depth knowledge of the Atlanta metro area court systems, as well as the penalties and knows effective defense strategies for handling your case. Judy Kim will challenge the accuracy of any field sobriety tests or chemical tests you may have taken, assist you with your DMV hearing, and negotiate to get your charges reduced or dismissed in court.
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