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Savannah Multiple DUI Lawyer

Were You Arrested for DUI With a Prior Conviction?

State lawmakers have enacted statutes that heavily penalize anyone who is convicted of multiple drunk driving offenses. With prior DUI convictions, you can face felony charges if you are arrested for DUI again. The wise choice is to reach out to a professional Savannah multiple DUI attorney from Schneider Lerch, LLC as soon as you can. We can help you avoid a damaging conviction or fight to reduce your sentence to a lesser criminal violation.

Seeking legal assistance quickly not only helps you understand the charges and potential defense strategies but also influences the court's perception of your commitment to addressing your legal situation responsibly. Our team at Schneider Lerch, LLC is dedicated to providing immediate guidance, crafting individualized defense approaches, and ensuring that your rights are safeguarded at every step of the legal process.

Contact us online or call us at (912) 417-5008 today.

What are the DUI Laws in Georgia?

Driving under the influence in Georgia is governed by O.C.G.A. § 40-6-391. A person may be charged with DUI for operating a vehicle:

  • With a blood alcohol concentration (BAC) of 0.08% or higher (lower for commercial or underage drivers)
  • While impaired by alcohol, drugs, or a combination of both
  • With any amount of certain controlled substances in their system

Georgia law enhances penalties with each subsequent DUI conviction within a 10-year “look-back” period. That means if you've had a DUI conviction within the last decade, it will count against you in your current case.

What Should One Know About Local DUI Sobriety Checkpoints in Savannah?

One of the proactive measures employed by local authorities in Savannah to combat drunk driving is the use of sobriety checkpoints. These checkpoints are strategically placed in high-traffic areas or regions with historically high rates of DUI incidents.

At these checkpoints, officers are tasked with checking for signs of impaired driving, such as slurred speech or the smell of alcohol. Even slight errors or signs of evasion could trigger more extensive scrutiny. It’s essential for individuals, especially those with prior DUI records, to be aware of their rights during these stops. Legal advice prior to such encounters can help in understanding how to appropriately handle them, ensuring that rights are respected and any interaction with law enforcement is kept within legal boundaries.

What are the Consequences of Having Multiple DUIs?

Over the past few years, the laws and penalties for DUIs in the state of Georgia have become increasingly severe. Individuals who are facing a second, third, or fourth DUI arrest; who have a prior conviction for DUI; or who have caused an injury as a result of drinking and driving can expect to receive longer and more severe penalties.

A first-time DUI offender faces a fine of between $300 and $1,000, jail time of 10 days to 12 months, 40 hours of community service, completion of the Risk Reduction Program, probation for up to 12 months, and a 12-month license suspension.

Penalties increase if you are facing your:

  • Second Offense: $600-$1,000 fine, between 90 days and 12 months in jail, a minimum of 30 days of community service, 12 months of probation, and a 3-year suspension of your driver's license
  • Third Offense: $1,000-$5,000 fine, 4-12 months in jail, a minimum of 30 days of community service, 12 months' probation, and a 5-year suspension of your driver's license
  • Fourth Offense: $1,000-$5,000 fine, 12 months in jail to 5 years in prison, a minimum of 60 days of community service, and completion of an alcohol or drug treatment program

Beyond immediate sanctions like fines and imprisonment, these offenses can severely impact one's ability to secure employment, financial stability, and personal relationships. The stigma of a DUI conviction can affect every area of life, making it essential to pursue every legal opportunity to challenge or lessen these charges with vigorous defense representation.

Ignition Interlock Devices (IID)

Drivers convicted of multiple DUIs may also be required by the court to install an ignition interlock device on their vehicle. These devices do not allow anyone with an unacceptable BAC level to start the vehicle. Furthermore, there are often steep monthly taxes involved with having one on your car. In certain circumstances, these upkeep fees can be upwards of $100 a month.

What is the Habitual Violator Status?

If you are convicted of three or more serious traffic offenses (including DUI) within five years, Georgia law designates you as a “habitual violator.”

Consequences include:

  • Revocation of your license for five years
  • Seizure and forfeiture of your vehicle
  • Felony charges if caught driving during the revocation period

A Savannah multiple DUI lawyer may challenge prior convictions, argue for lesser included charges, or seek non-DUI resolutions to avoid this designation.

What Possible Defense Strategies Exist in Repeat DUI Cases?

A strong defense begins with a detailed analysis of the arrest, evidence, and prior case history. Your Savannah multiple DUI attorney will tailor a strategy to the specific facts of your case, but common defenses include:

  • Challenging the Traffic Stop: Was the stop lawful? Officers need reasonable suspicion to pull you over.
  • Inaccurate Breath or Blood Test: Breathalyzers can be improperly calibrated. Blood samples can be contaminated or mishandled.
  • Improper Field Sobriety Testing: These tests are often subjective and inconsistently administered.
  • Violation of Rights: Unlawful searches, lack of Miranda warnings, or failure to inform you of implied consent laws can be grounds to suppress evidence.
  • Questionable Prior Convictions: Not all prior DUI convictions may count toward enhanced sentencing, especially those from out-of-state or with procedural defects.

An experienced Savannah multiple DUI attorney will investigate every angle to develop a powerful defense and challenge both the current charges and the admissibility of previous offenses.

Ensure the Stability of Your Future With a Savannah DUI Attorney

Experienced legal representation is essential if you have prior convictions for DUI and are facing new charges. The criminal justice system is tough, and without immediate action, the repercussions of a conviction can last a lifetime. The Savannah DUI attorneys at Schneider Lerch, LLC have been defending the rights of Georgians for over four decades, bringing unique insight into their defense strategies.

If you or a loved one has been arrested for or charged with a DUI with prior convictions, you should contact us at (912) 417-5008 immediately.

Frequently Asked Questions About Multiple DUIs in Savannah

How Do Georgia’s DUI Laws Differ From Other States?

Georgia’s DUI laws are known for their strictness, particularly concerning repeat offenders. Unlike some states where DUI offenses might lead to extended probation periods as an alternative to imprisonment, Georgia imposes mandatory jail sentences even for first-time offenders. Additionally, Georgia does not offer a pre-trial diversion program for DUI charges, unlike many other states, creating a less lenient environment for those facing such charges.

The legislation in Georgia mandates specific penalties for blood alcohol concentration levels higher than the legal limit of 0.08%, as well as harsher consequences for those with BACs significantly exceeding it. For multiple offenses, this could mean even more stringent sanctions compared to other states. Understanding these legal nuances is crucial for any resident or visitor caught up in a DUI situation, and consulting with the knowledgeable team at Schneider Lerch, LLC could clarify these complex differences for anyone facing these challenges.

Can Prior DUI Convictions in Other States Affect My Charges in Georgia?

Yes, prior DUI convictions from other states can significantly influence your charges in Georgia. The state is part of the Interstate Driver’s License Compact, which allows the sharing of information about DUI convictions across state lines. As a result, a prior conviction in another state might elevate the severity of current charges in Georgia, potentially leading to harsher penalties or modified charges if not accurately addressed.

Anyone with a history of out-of-state DUI violations should consult with legal professionals who understand both Georgia DUI laws and their interplay with other states' regulations. Proper legal guidance can assess how to best manage these compounding offenses and what strategies might be effective in mitigating additional penalties that come with this multi-jurisdictional complexity.

What Steps Should I Take After a Multiple DUI Arrest in Savannah?

Following an arrest for a multiple DUI offense in Savannah, it is crucial to remain calm and methodical. Start by ensuring you understand your rights, particularly regarding legal counsel. Contacting a qualified Savannah multiple DUI lawyer, like those at Schneider Lerch, LLC, should be prioritized for an initial consultation to discuss your arrest specifics and explore potential defense strategies.

Another essential step is gathering evidence, such as any dashcam footage or witness testimonials, which might support your defense. Additionally, consider enrolling in a DUI education and prevention program voluntarily, which might reflect favorably on your effort to the courts. Complying with all legal requirements and deadlines is crucial to avoid compounding any legal issues, and having robust legal representation early on can facilitate this process efficiently.

Are There Alternative Penalties to Jail Time for Multiple DUI Offenses?

In some cases, alternative penalties to jail time might be available for individuals facing multiple DUI offenses, although these options are generally limited. Georgia’s legal system emphasizes punitive measures for repeat offenders but may consider alternatives such as extended probation, house arrest, or mandated treatment programs, particularly for those willing to demonstrate rehabilitation efforts.

Eligibility for these alternatives often depends on the specifics of the incident, prior criminal record, and the existence of aggravating factors such as accidents or injuries. Legal representation from an experienced Savannah multiple DUI lawyer can assist in arguing for such alternatives, potentially influencing the court’s decision by presenting mitigating circumstances and evidence of reform, such as completed DUI education programs. Every situation is distinct, and personalized legal advice is vital to explore these potential options thoroughly.

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