dui accident lawyer what happens georgia

A conviction for a DUI in Georgia will have long lasting consequences. A criminal record can affect your employment, your future and your personal freedom. Hire an experienced Georgia DUI Lawyer or DUI Attorney who is experienced in Georgia DUI law. Understanding the Georgia DUI laws and courtroom proceedings can be a challenge.

Full Answer

Who is the best lawyer for a DUI case in Georgia?

Georgia DUI Lawyer Richard Lawson has over 25 years of experience handling DUI cases involving accidents. In fact, he started his career prosecuting those cases more than 25 years ago, and handled many Serious Injury by Vehicle cases during his tenure as a prosecutor.

What happens if you get a DUI in Georgia?

Consequences of a DUI in Georgia. If you are arrested for DUI in Georgia, you will face several harsh penalties. A DUI arrest often means possible jail time, steep fines, classes, counseling sessions, and the suspension of your driver's license.

Are there alternative sentences and punishments for DUI in Georgia?

There are Alternative Sentences and punishments when a person is charged with a DUI in Georgia. Unfortunately, only a few jurisdictions allow for diversion or differed adjudication. It is unfortunate that in today's society we are so unforgiving of someone's one-time mistake.

What happens if someone is injured in a DUI accident?

If someone is serious injured due to an alleged DUI driver, the driver will be charged with a felony that result in up to 15 years in prison. Even the injured party is your own passenger or family member, you can be charged with a felony that can result in 15 years in jail. So, please take this charge with the utmost seriousness.

Should I get a lawyer for my first DUI Georgia?

Based on national statistics, an average of over 2,300 people a day get arrested for driving under the influence of alcohol in America, and many ask themselves the question, “Do I need a lawyer for DUI in GA?” The answer is “almost always” that hiring a DUI attorney is the advisable path.

How long does it take to settle a car accident in Georgia?

This can take 45-60 days, in some cases. Then, you and your lawyer will file a personal injury claim with the other driver's insurance company and wait for a response. This will be sent in the form of a demand letter outlining your total damages.

Do I need a lawyer for a DUI in Georgia?

It is essential that you hire a DUI Lawyer in Georgia immediately to file your license suspension appeal and protect your privilege to drive. The Department of Driver Services only gives you thirty (30) days from the date of your arrest to request a hearing to stop the automatic suspension of your driver's license.

What do you do after a car accident in Georgia?

Five Steps to Follow After a Car Accident in GeorgiaStep 1: File a Police Report. Call the police immediately if the collision injured either you or the other driver. ... Step 2: Exchange Information With the Other Driver. ... Step 3: Gather Evidence. ... Step 4: Treat Your Injuries. ... Step 5: File a Claim With Your Insurance Company.

How long does a insurance company have to settle a claim in GA?

Insurance companies in Georgia have 40 days to settle a claim after it is filed. Georgia insurance companies also have specific timeframes in which they must acknowledge the claim and then decide whether or not to accept it, before paying out the final settlement.

Why do lawyers take so long to settle a case?

The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation. You have not reached maximum medical improvement from your injuries (this will be explained below)

How likely is jail time for first DUI Georgia?

When someone has a first DUI in Georgia they face the following potential penalties: 12 months of probation. A minimum fine of $300 plus court costs and surcharges. Between 1 - 10 days in jail, which many times can be waived.

Do you lose your license immediately after a DUI in Georgia?

For a first DUI conviction in Georgia, your license will be confiscated by the court and surrendered to the local Department of Driver Services office. You will immediately lose your right to drive unless you are eligible by submitting to the implied consent test.

Do you go to jail for DUI Georgia?

Georgia DUI Proceeding The minimum consequences are 24 hours in jail and a $300.00 fine. Other consequences include 40 hours of community service, 12 months probation, DUI Alcohol or Drug Use Course or a substance abuse evaluation. The penalties are elevated if this is your second DUI within 10 years.

What to do if someone sues you for a car accident in Georgia?

If someone has taken legal action against you after a car accident in Atlanta, GA, you typically must answer their complaint within 30 days of service. If you do not respond to the suit, the court may rule against you without giving your side of the story.

Is Georgia a no fault state for car accidents?

Georgia is a “fault” state when it comes to auto insurance claims, which means when you get hurt in a car accident due to someone else's negligence, you have three options for seeking compensation for injuries and damages.

What happens after a car accident not your fault in Georgia?

In a no-fault state, your auto insurance pays the costs of your car crash up to the limits of your policy no matter which driver was to blame. Only in limited circumstances can you then seek compensation from the other driver's insurance company.

What is the next step in a DUI case in Georgia?

If you decide to contest a Georgia DUI case, motions are the next step. Motions are decided by a judge, and your Georgia DUI Attorney will have the opportunity to present legal arguments in the hope of getting the case dismissed or at least key evidence excluded.

What is the process of getting arrested for DUI in Georgia?

If law enforcement suspects that you are DUI, you will be asked to submit to field sobriety tests. You may also be asked to take a blood or breath test.

What is an arraignment in Georgia?

Arraignment is simply the time when you will enter a plea of guilty or not guilty. Generally a not guilty plea is entered on your behalf at your first arraignment which allows your Georgia DUI attorney the opportunity to access and review the evidence against you.

What court does a DUI in Georgia start in?

DUI in a Georgia Probate Court: In Georgia counties that do not have State Courts, if the arrest was made by a county Sheriff's deputy or occurred in an unincorporated part of the county, the case will begin in the Probate Court.

Why are motions important in a DUI case?

Motions can be critical because they offer your defense attorney the chance to cross examine the arresting law enforcement officer under oath and obtain further information that may later be useful at trial. If motions do not resolve your Georgia DUI case, then a trial is your next step. You have the right to elect for a trial by judge or jury in Georgia.

How long do you have to appeal a DUI in Georgia?

If you are charged with a DUI in Georgia, you have 30 days to decide on whether to appeal your automatic license suspension or install an ignition interlock device on your vehicle. This decision should not be made without first consulting with a top-rated Georgia DUI Attorney. We are here 24 hours a day, 7 days a week because your problems should not have to wait until Monday Morning. Your Best Defense Begins Here!

How long can you drive without a DUI in Georgia?

The 30 day letter starts the process used to make sure you keep your ability to drive. If not sent, you are facing as much as 1 year without the ability to drive. in the case of an alleged refusal, the suspension can be as much as 1 year, ...

Experienced Georgia DUI Accident Lawyers Seeking Justice for Victims in Jonesboro, Augusta, Atlanta, Riverdale, Morrow, and Stockbridge

There is never, ever an excuse for drunk driving. So many innocent people lose their lives because others make an irresponsible choice. These deaths are entirely preventable, and that makes it all the harder to accept.

Georgia DUI Accidents & Injuries: Statistics

When you start crunching the numbers, you can quickly come to a chilling realization about the frequency and severity of impaired driving in The Peach State. It happens in big cities and small towns, on back roads and major highways alike. Consider the following:

Common Injuries in Georgia Drunk Driving Lawsuits

While many DUI accidents are sadly fatal, it is important to recognize the plight of survivors as well. Those who emerge from DWI accidents injured but alive frequently face:

Statute of Limitations for Georgia DUI Accidents

If you sustain an injury due to a drunk driver, it’s important to file as soon as you can. This is because the State of Georgia has a statute of limitations (i.e., time limit) for personal injury lawsuits. Under Georgia Code § 9-3-33, victims have two years from the “right of action” to file a lawsuit against the responsible party.

Frequently Asked Questions (FAQs)

Yes, when a criminal defendant is acquitted, all that means is that the court did not find him guilty “beyond a reasonable doubt.” But “beyond a reasonable doubt” is the standard for a criminal prosecution, not a civil lawsuit.

Act Urgently: Schedule Your Free Consultation as Soon as Possible

T. Madden & Associates, P.C. will not charge you unless and until we get you money. There is absolutely nothing to lose when you contact us. But strict statutes of limitations do apply to DUI accidents and injuries, so please don’t delay.

What happens if you get a DUI in Georgia?

When a CDL Driver is charged with DUI in Georgia, they face the following potential penalties: The penalties for a CDL driver convicted of a DUI in Georgia are the same as any other driver accept insofar as their privilege to operate a commercial vehicle. After a first DUI conviction, a CDL driver will lose their commercial license ...

How much is a fourth DUI in Georgia?

Between 1 - 5 years in prison (less any time served on probation) 10 Years of driver's license suspension. Fines of $1000 - $5000.

How long do you have to install an interlock device in Georgia?

You only have 30 days to decide to either install an ignition interlock device on your car or file an appeal of the automatic suspension of your driver's license. Once 30 days has past, there may be no way to save your right to drive. Call now to make sure we can advise you on the best course of action. Do not make the decision without first consulting with Georgia's Best DUI Lawyers!

How long is probation for DUI?

Between 12 - 36 months of probation. Fines of between $600 - $1000, plus all applicable surcharges and court costs. Between 90 days - 12 months in jail, all of which can be done through probation except for at least 3 days that must be served in jail. 30 days of community service (240 hours) DUI School.

Is there a DUI penalty in Georgia?

Our office is dedicated to the defense of people charged with DUI In Georgia. You do not have to face severe penalties for DUI In Georgia. "An arrest does not mean you are guilty.".

Is prescription drug DUI the same as DUI in Georgia?

The penalties for Prescription Drug DUI in Georgia are the same as with any other DUI in Georgia. The difference is that people convicted of DUI while impaired by any drug may not qualify for a limited permit or restricted license. The other main difference is that there is often more sympathy for this from of driving under the influence, ...

Is Georgia DUI law complicated?

DUI Law is complicated, and it changes all the time. Those changes can make a huge difference in the outcome of your case. Our attorneys study all of the changes in Georgia DUI Law and are ready to find all of the available defenses in your DUI case. Your have options, and there is hope.

Who is the attorney for DUI in Georgia?

Georgia DUI Attorney Richard Lawson exclusively handles DUI cases. His office is committed to providing you with the best DUI defense in Georgia.

Who handles serious injury by vehicle cases?

Because DUI is so often the underlying reason for a Serious Injury by Vehicle charge, it is crucial to have an attorney who is an expert in handling DUI cases. Georgia DUI Lawyer Richard Lawson has over 25 years of experience handling DUI cases involving accidents. In fact, he started his career prosecuting those cases more than 25 years ago, and handled many Serious Injury by Vehicle cases during his tenure as a prosecutor. Hire an attorney who will not only formulate a good defense, but who also understands the tactics the State will use in the prosecution of your case.

What is considered a serious injury by vehicle?

The Serious Injury by Vehicle statute does not define what constitutes a “serious injury.” Other statutes define it as a “fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness.” To be “serious,” the injury need not be permanent – a serious, temporary injury is sufficient and only needs to impair or injure the appearance of a person. In the past, injuries such as loss of vision in one eye, blurry vision, a two-inch scar on the forehead, broken ribs, and severe bruising have qualified as “serious.” Whether an injury is serious is a question of fact to be determined by the jury.

What is the Georgia Code Section 40-6-394?

Georgia Code Section § 40-6-394 defines Serious Injury by Vehicle as “caus [ing] bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of O.C.G.A. § 4-6-390 [Reckless Driving] or O.C.G.A. § 40-6-391 [DUI].”

How long is a car accident sentence?

The minimum sentence for serious injury by vehicle is one year in custody; the maximum is 15 years in custody. Few judges will consider a minimum sentence if someone is genuinely hurt.

Does Georgia require a blood test for DUI?

The law leans heavily in the State's favor in a Serious Injury by Vehicle case. In a typical DUI case where no injury has occurred, Georgia law makes clear that an arrest for DUI must be effectuated prior to a request for a state-administered chemical test. However, when an accident results in serious injuries or fatalities, Georgia's Implied Consent law states that the any person involved in such an accident must submit to a blood test with a drug screen even if there has not already been an arrest for DUI.

Is DUI a serious injury by vehicle?

DUI and Reckless Driving are considered elements of a Serious Injury by Vehicle offense. This means that the State is required to prove that a person was guilty of either DUI (OCGA § 4-6-391) or Reckless Driving (OCGA § 4-6-390) before he can be convicted of Serious Injury by Vehicle. In other words, both DUI and Reckless Driving are “ lesser included offenses” of Serious Injury by Vehicle. While there is no prohibition against prosecuting an individual for two crimes based on the same conduct, the Georgia Court of Appeals has held that a person may not be convicted of more than one crime if one crime is included in the other (as Reckless Driving and DUI are included in Serious Injury by Vehicle), as this would be in violation of the Double Jeopardy Rule.

How long can you drive in Georgia if you get a third DUI?

If declared an habitual violator, you will lose your ability to drive for at least 2 years and for as much as 5 years. If you are found driving after being declared an habitual violator, can be sent to prison for up to 5 years.

How long do you have to appeal a DUI in Georgia?

If you are charged with a DUI in Georgia, you have 30 days to decide on whether to appeal your automatic license suspension or install an ignition interlock device on your vehicle. This decision should not be made without first consulting with a top-rated Georgia DUI Attorney. We are here 24 hours a day, 7 days a week because your problems should not have to wait until Monday Morning. Your Best Defense Begins Here!

How long can you be in jail for a probation violation?

If you violate the terms of your probationary license, it will be revoked and you cannot reapply for a regular driver’s license until the original 5 year revocation period has ended or for 2 years – whichever period is greater. If you are convicted of any suspendable offense during the revocation period, you will be guilty of a felony and punished by a minimum fine of $1,000.00 and 12 months in jail.

Can you go to jail for DUI?

There are alternative sentences. There is always hope. You don't have to face harsh consequences such as significant jail-time and loss of license. The judge can suspend half of the fine if you undergo an alcohol or drug treatment program approved by the court. If you go to voluntary in patient treatment, that can be in lieu of time in jail. If you joint a court-supervised DUI Court Program, you can

Can you forfeit a car title in Georgia?

Further, you will be declared a habitual violator. Any person declared a habitual violator in Georgia must forfeit their vehicle to the state, but you can petition the judge to transfer the title to another family member if the forfeiture would cause your family financial hardship.