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    What to Expect from DUI Charges in Carrollton

    If law enforcement believes your ability to drive has been impaired due to alcohol or drug use, you can be charged with DUI. In this state, a person may receive either misdemeanor or felony drunk driving charges. Most are misdemeanor criminal offenses. There are various things a person should expect from DUI charges in Carrollton. If accused, you should reach out to our local drunk driving attorneys today.

    Felony vs. Misdemeanor DUI

    The majority of DUI charges in Carrollton are misdemeanors. Misdemeanors in this state are punishable up to 12 months of incarceration and up to a $1000 fine. That being said, if you have been charged with a fourth or subsequent conviction within a 10-year period of time, you most likely will be charged with a felony.

    Still, it is important to note that if you have three convictions after July 1, 2008, then any subsequent conviction will be a felony DUI charge. The punishment for felony DUI is subject to not less than one-year of incarceration and not more than five years of incarceration. Although felony DUI convictions are not the most common, they are very serious offenses in Carrollton should you find yourself facing this charge. Without the help of a DUI lawyer at Parian Injury Law, L.L.C., you could well face the most serious aspects of punishment under state law. With our help, the reduction of a felony DUI sentence to a misdemeanor is much more achievable.

    Penalties for a DUI Conviction in Carrollton

    The penalties for driving under the influence typically include:

    • License suspension
    • 40 hours community service and probation
    • More expensive auto insurance rates
    • Decreased employment eligibility
    • Fines ranging from $300 to $1000 for a first DUI
    • A maximum 12 months imprisonment
    • Required completion of a DUI and Risk Reduction course
    • Denial of security clearance to enable employment on military owned properties
    • Documentation for college examinations
    • Rental car increased costs/denial

    Additionally, individual in Carrollton should never expect a DUI conviction to simply go away or drop off of their driving record. Georgia places no limit to the amount of time in which a prior conviction may be used to elevate a current charge you are facing.

    Looking Back Under State Law

    Georgia has what is commonly referred to as a look-back period. The somewhat good news is Georgia has statutory minimums that take place within a 10-year look back period. Georgia uses a five-year look back period for license suspension purposes, but a 10-year look back period for mandatory sentencing terms. In other words, if a driver is arrested and charged with driving under the influence within 10 years from the date of their first driving under the influence conviction, the driver will be charged as a second offender under state laws. Penalties become much worse for your second and third DUI convictions. These penalties, after a period of time allow for expungement. Unless you are able to have these charges expunged, a DUI conviction will most likely continue to follow you for decades to come.

    Drunk Driving on Federal Property

    When a driver in Carrollton is charged with DUI on federal property, they should expect federal penalties in addition to any penalties a driver faces under state law. Federal law provides for additional sentencing requirements to be applied if a driver was arrested for driving under the influence while on any federally owned property. Although not limited to the following, some of the federally owned properties consist of:

    • Any military base
    • National park
    • Government building(s)
    • Many airports
    • National monuments

    These federally owned properties, although not limited to the above list, are policed by federal law enforcement agencies. Federal law enforcement has the authority to investigate, arrest, and charge you with a federal driving under the influence crime.

    Under Georgia’s wide and encompassing laws defining private property, you can be pulled over for DUI anywhere that is accessible to other motorists; this means you can be pulled over in a parking lot or even your own private driveway. A defense that you were stopped while driving on private property will not count. If law enforcement has sufficient grounds to suspect you are driving under the influence, they can investigate to determine if you are operating the vehicle while intoxicated.

    DUI Per Se vs. DUI Less Safe

    If you find yourself charged with DUI Per Se, this is because your blood alcohol content (BAC) was at or above 0.08% at the time you were driving or within three hours of driving, or if a controlled substance was in your blood stream

    You can be convicted under the Georgia’s Per Se Driving Under the Influence law if a chemical test, typically blood or urine, shows even a marginal amount of alcohol, marijuana or another controlled substance.

    If you find yourself charged with DUI Less safe, the prosecutor does not have to prove you were over the legal limit (0.08%) to convict you. Under state law, there is no limit for driving under the influence in our state. All that is needed to obtain a conviction is evidence of drugs, alcohol or inhalants and the inability to drive safely.

    In general, a driver can be charged with DUI – Less Safe for alcohol even if their blood alcohol content was less than .08%. Alternatively, if you are under 21, you may be charged with Driving under the Influence Per Se if your BAC is greater than .02%. It is important to note that the legal limit for commercial drivers is 0.04%, although you could still be charged with DUI Less Safe if your BAC was under .04%.

    Contact a Carrollton Attorney to Learn About DUI Charges

    Driving under the influence can plague you for years to come. It is important to remember, you are innocent until proven guilty. Just because you are arrested for driving under the influence does not mean you will be found guilty in a court of law. Our law firm understands this and we outwork the prosecution by attention to detail from day one. Hire capable, hardworking counsel to defend you and protect your liberty. Additionally, our team could explain what a person should expect from DUI charges in Carrollton.