Can you be convicted of DUI if the results of a blood or urine test are positive for a controlled substance that you are not prescribed, even if the drug does not impair your ability to drive?
Whether to refuse the breath test in a DUI case and, if so, how to refuse is one of the most frequent topics that I am questioned about. This article addresses this important issue.
If you think it is cheaper to just plead "guilty" to your Georgia DUI charge, you should reconsider that decision. The costs of a conviction for Georgia driving under the influence (DUI) charges goes far beyond simply paying a fine. A guilty plea or conviction typically costs about $10,000 after you have paid bail, fines, fees, insurance, and the costs can increase greatly if you were involved in an accident.
In Georgia once you are convicted of DUI, the DUI will stay on your criminal record and driving record for the remainder of your life. Unlike many other states, Georgia law does not permit expungement of a DUI conviction. You only get one opportunity to beat a DUI, so you need an experienced and skilled Georgia DUI lawyer that will fight to beat your Georgia DUI charge.
More often than not, a Georgia DUI conviction will result in consequences that are not anticipated at the time that a defendant pleads guilty to DUI. An experienced Georgia DUI lawyercan help you anticipate potential roadblocks which may result from a DUI conviction, but circumstances frequently change in one's life and a Georgia DUI cannot be removed to overcome those unanticipated hurdles.
We are frequently asked by clients if a nolo contendere (or a "no contest") plea to a Georgia DUI charge will prevent the adverse consequences of a DUI conviction. In almost every case, a no contest plea will not prevent the adverse consequences which may result from a Georgia DUI. A no contest plea is not technically a conviction, but it will be treated as a conviction for the purposes of your driver's license and it will be treated as a conviction in sentencing for a subsequent DUI charge. Also, a no contest plea to a Georgia DUI will still go on your record permanently.
Our criminal laws are intended to discourage certain types of conduct, and this is hardly more evident than in our DUI laws. However, if you talk to anyone that has pled guilty to or been convicted of a Georgia DUI, the costs can be devastating, particularly when looked at relative to the conduct that is being "punished." Georgia like almost every other state is making an enormous effort to treat DUI much more harshly. Georgia's threshold for a per se DUI charge has been reduced to 0.08% blood-alcohol content. Recent reports indicate that in 2007 about 1.37 million people were arrested last year for driving under alcohol - that is approximately one in every 140 licensed drivers.
Bail. Depending upon the number of charges you face and whether your DUI cases involves a serious accident with injuries to other people, the cost of being released from jail while your case is pending generally ranges from $150 to $2,500.
Towing. If you have been arrested for DUI, you have almost undoutedly faced the nightmare of having your car towed. We have clients in Atlanta that have had to spend nearly 2 days searching for the location of the vehicle. In addition to the hassle, the lost time, various scratches and dents to your vehicle, you can expect the cost of retrieving your car after it has been towed to range from $50 to $200.
Insurance. The increase in insurance premiums is generally one of the most costly aspects of a Georgia DUI conviction. If you plead guilty to DUI in Georgia, you can expect your insurance premiums to be affected for the next 3 to 5 years.
Upon conviction for DUI in Georgia, insurance premiums can increase by 2 to 4 times (or more) standard premiums prices. Unfortunately, many of our clients
Upon being arrested for DUI in Georgia, many of our clients are dropped by their insurer. If your insurer drops you, you will have to find an insurer that will accept the increased "risk" you now present. This results in increased premiums.
Fines. At this time, Georgia does not assess civil penalties in addition to the fines assessed by courts upon a DUI conviction. Typically, fines imposed for a Georgia DUI range between $300 to $1500.00 (including court costs).
Alcohol evaluation. An alcohol and drug evaluation is typically a condition of the sentence imposed by Georgia courts upon a DUI conviction. The cost of such an evaluation is generall $100 to $300.
Alcohol education and treatment. As a condition of your Georgia DUI conviction, you may be forced to undergo an alcohol treatment program. These treatment programs can vary greatly in the length of time and the intensity of the treatment. The costs can vary greatly from $300 to $4,000 for basic treatment.
License reinstatement fees. If you are convicted of a DUI in Georgia (or any other state), you can expect to face several fees to secure the reinstatement of your driver's license. After you have completed a state-certified risk reduction program, which costs approximately $280, you can reinstate your Georgia driver's license for a fee of approximately $230.
In addition to the "standard" costs of a DUI conviction, there are some consequences that are more difficult to place a number value upon but can be more devastating to many people.
There are several other costs that you should consider before you decide to plead guilty to your Georgia DUI charge:
* Life-insurance-premium increases. After a DUI conviction, your life insurance costs could increase.
* Lost time = lost money. If you are convicted of DUI in Georgia, you can expect to miss a lot of time from work and your family in your effort to fulfill the conditions of your sentence.
* Lose the license? Lose the job. As a result of the suspension of your license that occurs with a Georgia DUI conviction, you may lose your job. Several common types of job which are particularly sensitive to a DUI conviction are doctors, stockbrokers, airline pilots, lawyers or nurses.