Savannah Aggravated DUI Lawyers

Penalties for Aggravated DUI in Georgia

• Jail time: Most aggravated DUI convictions carry mandatory jail sentences. Depending on the circumstances, anywhere from 1 to 5 years behind bars is possible. 
• Fines: You will likely be fined at least $1,000 and potentially as much as $5,000. 
• License suspension: For a third DUI charge, your license will be suspended for at least five years. Complete revocation is possible. Reinstating driving privileges often requires completing DUI educational programs and paying reinstatement fees.
• Ignition interlock device: The court may mandate the installation of an ignition interlock device at the driver’s expense. The device requires drivers to pass a breathalyzer test before starting their vehicle, adding yet another layer of inconvenience and financial burden.

Beyond the immediate penalties, aggravated DUI convictions can have lasting repercussions. You may face increased insurance premiums or difficulty obtaining coverage altogether, challenges securing employment due to a criminal record, and a lasting reputational impact within your community or profession.

Defenses Against Aggravated DUI Charges

Aggravated DUI charges can be challenged with the right legal defense. Many cases involve errors by law enforcement or flaws in the evidence. Possible defense strategies include:

• Challenging BAC Test Results – Breathalyzers and blood tests are not always accurate. Improper calibration, medical conditions, or even certain diets can lead to false readings.
• Field Sobriety Test Issues – Officers often rely on field sobriety tests, but these tests can be unreliable due to poor weather, uneven pavement, or medical conditions.
• Procedural Errors – If the arresting officer failed to follow proper procedures, such as not reading Miranda rights or conducting an unlawful stop, the case may be dismissed.
• Proving Lack of Intent in Reckless Driving – Prosecutors must prove reckless intent in some aggravated DUI cases. If there is no clear evidence, the charge may be reduced.

Aggravated DUI and Felony Classification

A DUI can become a felony in Georgia under certain circumstances. Understanding the difference between misdemeanor and felony DUI is critical:

• When Does a DUI Become a Felony? – A third DUI within 10 years, causing serious injury or death, or driving under the influence with a minor in the car can lead to felony charges.
• Misdemeanor vs. Felony DUI Penalties – While a misdemeanor DUI may result in fines, license suspension, and jail time, a felony DUI can mean years in prison, hefty fines, and a permanent criminal record.
• Impact on Rights and Employment – A felony conviction can strip you of your right to vote, own firearms, and hold certain professional licenses. It may also limit job opportunities.

Aggravated DUI and Commercial Drivers

Commercial drivers face even stricter DUI laws and harsher penalties. A DUI conviction can have devastating consequences for a CDL holder’s career.

• Stricter DUI Limits – For commercial drivers, the legal BAC limit is 0.04%, half the standard limit for other drivers. Even a single offense can lead to disqualification.
• CDL Disqualification & Career Impact – A DUI conviction can result in a one-year CDL suspension for a first offense and a lifetime ban for a second offense. Many trucking companies will not hire a driver with a DUI.
• Defending a Commercial DUI Charge – Challenging the validity of the BAC test, proving an unlawful stop, or negotiating a plea deal to reduce the charge can help protect a driver’s livelihood.

Frequently Asked Questions (FAQ) About Aggravated DUI in Georgia

Can I get an aggravated DUI charge reduced to a regular DUI?

• Yes, in some cases, aggravated DUI charges can be reduced through plea bargaining or by challenging the evidence. A skilled DUI lawyer can assess whether procedural errors, faulty BAC tests, or weak prosecution arguments may justify a reduced charge.

Will I lose my driver’s license immediately after an aggravated DUI arrest?

• Not necessarily. After an aggravated DUI arrest, you typically have 30 days to request an administrative hearing to contest the suspension. If you don’t request a hearing, your license may be suspended automatically.

Can I refuse a breathalyzer test if I am pulled over?

• You can refuse, but Georgia has an implied consent law, meaning refusal can lead to an automatic license suspension and be used against you in court. In some cases, officers may obtain a warrant for a blood test.

How long does an aggravated DUI stay on my record in Georgia?

• A DUI conviction remains on your criminal record permanently. Unlike some offenses, Georgia does not allow DUI convictions to be expunged or removed. However, an attorney may be able to help reduce the impact on your future.

Does an aggravated DUI mean mandatory jail time?

• In most cases, yes. Aggravating factors, such as excessive BAC, multiple offenses, or injuries caused, increase the likelihood of jail time. However, alternative sentencing options, such as probation or treatment programs, may be available in certain situations.

Will an aggravated DUI affect my ability to travel internationally?

• It can. Some countries, including Canada, have strict entry restrictions for individuals with DUI convictions. You may need special permission or a waiver to travel to certain destinations.

Can I still get car insurance after an aggravated DUI conviction or DUI accident?

Yes, but it will be more expensive. Insurance companies consider drivers with aggravated DUI convictions or DUI accidents as high-risk, leading to:

• Higher premiums or possible policy cancellations
• SR-22 insurance requirements to prove financial responsibility
• Limited coverage options from mainstream providers

Shopping around and maintaining a clean driving record can help lower costs over time.

Every DUI case has defenses. Let us fight for the best possible outcome. Call (912) 416-9243 now or contact us to get started.