Atlanta DUI Attorney at Law Jamie S. Wingler, PC

What To Do First?

Contact an Atlanta DUI Attorney for a free consultation. An Attorney that handles DUI cases in the Atlanta area will be your best source of information. In most cases you are under a deadline. You have ten business days to request an administrative license suspension hearing. To get the process started, please complete our one page Atlanta DUI questionnaire or telephone our Atlanta law offices for an appointment.

Frequent Questions

Do I need a 10 day letter?

1. If you refused to summit to the state-administered chemical test, you need to send a ten day letter requesting an administrative license suspension hearing.
2. If you are over 21 and submitted to a state-administered chemical test and the test result was .020 grams or more, you need to send a ten day letter requesting an administrative license suspension hearing.
3. If you are under 21 and submitted to a state-administered chemical test and the test result was .020 grams or more, you need to send a ten day letter requesting an administrative license suspension hearing.
4. If you are a commercial truck driver and your test results was .040 grams or more, you need to send a ten day letter requesting an administrative license suspension hearing.

Why do I need an administrative license suspension hearing?

Your DUI Case may take months or even years before it is resolved. Requesting an administrative license suspension hearing is your best chance of retaining your driver's license, pending the outcome of the criminal portion of your case.

If I refused the state-administered chemical test, how does that affect my driver's license?

If your driver's license is administratively suspended for refusing to submit to state-administered chemical testing, the driver's license is for one year with no permit to drive whatsoever. Once, that suspension goes into effect, there are two ways to lift it: (1) administrative appeal or (2) the criminal case is resolved by a disposition other than DUI.

What are the criminal punishments for a DUI case?

DUI in Atlanta, Georgia is a misdemeanor offense. Misdemeanor offenses carry a maximum punishment of 12 months incarceration and $1,000. fine.

First Offense:

For the first DUI offense within ten years the mandatory minimum punishment that the court may impose if you plead guilty or are found guilty after trial is:

• 12 months probation
• 10 days incarceration (which may be reduced to 24 hours by the judge)
• 40 hours of community service
• DUI Risk Reduction Program
• $300 fine
• 1 year driver's license suspended (early reinstatement is possible in some cases)

Second Offense:

For the second offense within a ten year period:

• 12 months probation
• 90 days incarceration (which may be reduced to 72 hours by the judge)
• 240 hours community service
• DUI Risk Reduction Program
• Clinical Evaluation and Treatment for substance abuse
• $600 fine
• 3 years driver's license suspension (early reinstatement possible after 1 year)

Third Offense:

A third offense within a 10 year period is a high and aggravated misdemeanor and carries mandatory minimum punishment of:

• 12 months probation
• 120 days incarceration (which may be reduced to 15 days in judge's discretion)
• 240 hours community service
• DUI Risk reduction Program
• Clinical Evaluation and Treatment for Substance abuse
• $1,000-$5,000 fine
• 5 year license suspension (probationary license possible after 2 years)

Fourth Offense:

A fourth offense within a 10 year period is a felony and carries mandatory minimum punishment of:

• 5 years probation minus time spent in actual incarceration
• 1 to 5 years incarceration (which may be reduced to 90 days in judge's discretion)
• 60 days community service (unless 3 years of actual incarceration)
• DUI Risk reduction Program
• Clinical Evaluation and Treatment for Substance abuse
• $1,000-$5,000 fine
• 5 year license suspension (probationary license possible after 2 years)

If you have been charged with Driving Under the Influence in the Atlanta metro area, please complete the DUI Case Questionnaire for a free consulation with Jamie S. Wingler.