Gainesville Hall County DUI Q&A
DUI DEFENSE ATTORNEY SERVING THE GAINESVILLE HALL COUNTY AREA
"This is my first DUI. If convicted, will I go to jail?"
Each case is different. The judge may decide to give you the maximum sentence for a first DUI , which is one year in jail. In a lot of cases, if you plead guilty, you will usually get probation, one year suspended license, anywhere up to $1000 in fines and will most likely be made to complete an alcohol education program. You will be eligible for a restricted license if your " 30 Day Letter" has been submitted and if your license has not been suspended at the Administrative License Hearing or ALS Hearing . You could be required to spend a minimum of 24 hours in jail and possibly up to ten days . Afterward, 40 hours of community service is usually required.
"What if this isn't my first DUI?"
Penalties are much stiffer for those with a prior DUI conviction . A second DUI conviction within a five year period can result in a three year suspension of your driver's license . After one year you can be eligible for a restricted license and will have to install an ignition lock device on your car to test your breath for alcohol before you can start your car. If the second conviction is within a 10 year period of time, you can be sentenced up to a year in jail, and likely will be required to spend a mandatory 72 hours – 90 days in jail. An alcohol treatment program will be required, the fine will be up to $1,000 and you will have to perform 240 hours of community service. You may even have to take part in a court-ordered DUI Court Program.
If this is your third DUI in five years, you are considered a habitual violator. Your license will be suspended for five years and can be eligible for a restricted permit after two years after installing an ignition lock on your car. If it's your third DUI in 10 years, you will serve a minimum of 15 days in jail, but more than likely it will be 90-180 - maybe more depending on the jurisdiction. If you are caught driving while your license is suspended as a habitual violator, you have committed a felony and could receive five years in prison.
"What can I expect at an ALS Hearing?"
An ALS Hearing (Administrative License Suspension) Hearing takes place when a hearing has not been scheduled within 30 days of the arrest. The hearing has to be within 90 days of the arrest. When the license is suspended, you have the right to appeal and our office can help protect your right to drive.
"How can I avoid a suspended license?"
An experienced DUI attorney from the Law Offices of Richard S Lawson can represent you at an ALS Hearing and raise questions about how your arrest was handled, or evidence, or if your rights were violated. When you employ the defense of a skilled DUI attorney, you reduce the risk of having your license suspended. Remember, the ALS Hearing is about your license suspension, not your DUI case.
"What types of legal matters can the Law Offices of Richard S Lawson help me with?"
Our office focuses exclusively in the area of DUI defense. Our skilled attorneys can help you with such matters as:
- Refusals / Alleged Refusals
- Plea Bargain vs. Trial
- GA DUI By Out Of State Driver
- Field Sobriety Tests
- Roadside Checkpoints
- Blood & Breath Tests
- Drugs & DUI
- Marijuana Cases
- DUI Under 21
- Violation of Probation
- Minor in Possession of Alcohol
- Vehicular Homicide
- Child Endangerment
- Accidents and Serious Injury by Vehicle
- Do I Need a Lawyer?
Contact a Gainesville DUI Attorney with the Law Offices of Richard S. Lawson if you have been arrested and charged with any DUI offense.