Hall Hirsh Hughes, LLC is one of Georgia’s premier drunk driving (DUI) defense law firms. Two of our partners, Max Hirsh and Andrew Hall, are former misdemeanor and felony prosecutors and represent clients charged with DUI all over Metropolitan Atlanta, and in other courts throughout Georgia.
When you or a loved one is charged with DUI or other drunk driving related offense, our primary goal is to get the charge dismissed or reduced to a non-DUI offense. In over half our cases we have been able to negotiate and reduce charges to non-DUI dispositions on behalf of our clients. For cases in which an acceptable negotiated resolution of your DUI charge cannot be reached, we will be prepared to defend you through motions hearings and a trial, if necessary. Our vast trial experience, (DUIs, other misdemeanors and all types of felonies) gives us a significant advantage over less experienced prosecutors. Throughout the process of representing you, we will ensure that you remain informed as we strive to achieve the ultimate goal of getting the charge or charges resolved to your benefit.
Please call Hall Hirsh Hughes, LLC today at 404-638-5880 or email us at dui@hhmtriallaw.com. We provide a free initial consultation to anyone who has been arrested and charged with a DUI or drunk driving related offense anywhere in Georgia. Our experience counts!
DUI FACTS
Anyone charged with DUI and related offenses has a tremendous amount to lose. We treat every case we handle with the upmost regard for the livelihood of the person charged. Our clients are people who cannot afford to lose their license, which is almost anyone who depends on a license to earn a living. For example the commercial truck driver has the potential to lose his or her commercial driver’s license (CDL) and his or her livelihood if convicted for DUI. The airline pilot convicted for DUI will likely be prevented from flying and also has the potential of losing his or her livelihood. The physician convicted for DUI may end up losing privileges, making it difficult for them to perform in their area of expertise. The student convicted for DUI or underage drinking will likely have difficulty getting back and forth from school due to loss of their driving privileges, which will likely have an impact on other family members. Insurance rates will most certainly increase for anyone convicted for a DUI, and the stigma associated with the conviction is overwhelming. Obviously, the costs associated with losing a license can have an impact far beyond the initial monetary costs or fines associated with trying to resolve the DUI or drunk driving offense. These are real-life issues we deal with on a daily basis at Hall Hirsh, LLC. The sooner you call us, the quicker we can start looking for solutions to your case.
ADMINSTRATIVE LICENSE SUSPENSIONS – 10 DAY HEARINGS
If you are charged with a DUI or drunk driving related offense, unless you have the appropriate legal representation, there is a strong likelihood that your license will be administratively suspended, for up to a year. This is true if you refused to submit to a blood, breath or urine test, or if you did submit to a test, and the outcome was 0.08 grams of alcohol or more. Also if you are a commercial driver driving a commercial vehicle and tested at 0.04 grams of alcohol, or you are under the age of 21 and tested at 0.02 grams of alcohol, the officer is also authorized to suspend your license. We are in most cases able to have the State of Georgia reinstate your license, pending the outcome of the case in court, which we will vigorously defend. The earlier we become involved in the case the better it is. You only have 10 business days from the date of your arrest to request a hearing with the Department of Driver Services (DDS) in order to avoid an automatic license suspension.
GEORGIA DUI LAWS
We provide you with the following Georgia DUI laws so that you can have a basic understanding of what you are facing if arrested and convicted for DUI in Georgia. We strongly encourage you to consult with an experienced DUI attorney to help you navigate through the system.
O.C.G.A. § 40-6-391:
Driving under the influence of alcohol, drugs, or other intoxicating substances; penalties; publication of notice of conviction for persons convicted for second time; endangering a child
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
(5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.
To simplify Georgia law, it is unlawful to “drive or be in actual physical control of any moving vehicle” if you have:
- Any alcohol, drugs (including prescription medication), or glues or aerosols in your system that affects your driving in any way, to make you a “less safe” driver;
- Any combination of those same compounds that makes you a “less safe” driver; or
- An alcohol concentration in your body of 0.08 grams or more within three hours of operating a vehicle.
Arrests that fall in the “less safe” category are usually arrests where the officer suspects alcohol but cannot verify the amount (either because a motorist refused to submit to a blood or breath test or the officer for whatever reason could not or would not perform the test), or arrests where drugs are suspected to have diminished the driver’s abilities, making him (or her) “less safe” to drive than if he had not had any alcohol or drugs in his system. “Per se” DUI, on the other hand – occurs where a chemical test for alcohol alleges a concentration of 0.08 grams of alcohol or higher based on the testing of the driver who submits to a breath, blood, or a urine test.
Based on the individual facts of a case, if you are arrested for DUI, you may find yourself charged with more than one DUI offense, depending on what substance (alcohol, drugs or a combination) the officer believes affected your ability to drive a car. Most commonly, if you submit to a blood or breath test that indicates you are above the limit of 0.08 grams, the officer who arrests you or the prosecuting attorney who handles your case may also charge you with one of the “less safe” charges as well. This is a common strategy when officers and prosecutors want to provide a safety net for their case. This is to protect their case in case the breath test is dismissed by the judge upon a motions hearing, or in cases where the driver may blow over the legal limit, but there were no serious indications of impairment based on how the person looked on video at the time of the arrest.
PER SE DUI – WHAT IS MY LIMIT?
There are also exceptions to the 0.08 grams rule for per se DUI in Georgia. If you are under the age of 21, your blood alcohol concentration cannot be more than 0.02 grams within three hours of operating a vehicle. There are special rules for sentencing upon conviction and for your driver’s license as well, which is why it’s so important to consult with an experienced DUI attorney before making any decision about your case.
If you have a commercial driver’s license and were driving a commercial vehicle when you were arrested, your blood alcohol concentration may be no more than 0.04 grams of alcohol within three hours of driving. For CDL drivers a DUI could be the end of a career: call us for a free consultation before putting your future in jeopardy.
LESS SAFE DUI – WHAT IF THERE IS NO BREATH TEST?
Even though a breath or blood test, showing your alcohol concentration, is the best evidence any prosecutor can have against you, it is not the only means they can use to prosecute you. An officer at the time of arrest is also making a case to enable a prosecutor to prove that you were a “less safe” driver – that the alcohol in your system at the time of the stop, regardless of the amount, affected your ability to drive, making you less safe to do so than you would be without drinking. Without a breath or blood test, the prosecutor will rely on the officer’s testimony (aided by a police report and possibly even a video recording of your arrest) about your driving, your physical characteristics (slurred speech, bloodshot eyes, the smell of alcohol on your breath), and your performance on voluntary roadside sobriety tests – if you submitted to them – to show your mental and physical abilities were affected by drinking. Without an experienced DUI attorney to defend you, that testimony could be enough to convince a judge or jury you are guilty, even without a test of your blood or breath.
DUI – ENDANGERING A CHILD
Having passengers in your car – particularly children – can complicate an already difficult DUI situation. Under Georgia law, a person who is arrested for DUI with a child under 14 years of age in the vehicle can be charged with the separate offense of “Endangering a Child”, O.C.G.A. § 40-6-391(l). If convicted of both a standard DUI and DUI Endangering a Child, a court can sentence you for both DUIs, treating each as a separate crime. If there is more than one child in the car, you can be charged with a separate count of Endangering a Child for each child under the age of 14 in your car at the time of your arrest.
DUI Penalties in Georgia
FIRST LIFETIME OFFENSE
- Class: Misdemeanor
- Fine: $300-$1,000 plus court costs
- Imprisonment: 10 days to 12 months—judge may suspend all but a mandatory 24 hours
- Community service: BAC under 0.08 percent—20 to 40 hours; BAC 0.08 percent and higher—at least 40 hours of community service
- Treatment: Risk Reduction Program (DUI School)
- Probation: 12 months, less the time of actual incarceration
- License suspension: one year – some cases may be eligible for a work permit
SECOND OFFENSE (within ten years)
- Class: Misdemeanor
- Fine: $600-$1,000 plus court costs
- Imprisonment: 90 days to 12 months with 72 hours mandatory
- Community service: minimum of 30 days (240 hours)
- Treatment: Risk Reduction Program (DUI School); clinical evaluation to determine whether alcohol or drug treatment program is necessary and, if so, treatment will be part of the sentence
- Probation: up to 12 months, less the time of actual incarceration
- License suspension: three years; no work permit for at least 12 months, followed by first 6 months on a limited permit with an mandatory Ignition Interlock Device
THIRD OFFENSE (within ten years)
- Class: High and Aggravated Misdemeanor
- Fine: $1,000 to $5,000 plus court costs
- Imprisonment: 120 days to 12 months with a minimum of 15 days mandatory
- Community service: Minimum of 30 days (240 hours)
- Treatment: Risk Reduction Program (DUI School); clinical evaluation to determine whether alcohol or drug treatment program is necessary and, if so, treatment will be part of the sentence
- Probation: 12 months, less the time of actual incarceration
- License Revocation: five years; after 2 years can apply for a limited permit with mandatory Ignition Interlock Device
FOURTH OR SUBSEQUENT OFFENSE (within ten years after July 1, 2008)
- Class: Felony
- Fine: $5,000 plus court costs
- Imprisonment: 1-5 years; must serve at least 90 days
- Community service: Minimum of 60 days (480 hours); judge may suspend the community service if sentenced to at least three years of actual imprisonment
- Treatment: Risk Reduction Program (DUI School); clinical evaluation to determine whether alcohol or drug treatment program is necessary and, if so, treatment will be part of the sentence
- Probation: 1-5 years, less the time of actual incarceration
- License Revocation: five years; after 2 years can apply for a limited permit with mandatory Ignition Interlock Device
FOR DRIVERS OF COMMERCIAL VEHICLES
If you are convicted for DUI while driving a commercial vehicle, Georgia imposes additional penalties to those for regular drivers:-
For a first lifetime DUI, you have the same suspensions as shown above for all drivers, plus a one year disqualification from holding a CDL. There is no such thing as a “CDL work permit.”
For a second DUI within ten years, your license will be suspended for a maximum of three years, but you may be eligible for early reinstatement after one year with an ignition interlock device. You are Disqualified from obtaining a CDL for life. In addition, your license plate will be confiscated, you will be subject to clinical evaluation and alcohol or drug treatment, and your photograph will be published in the local newspaper at your expense.
For a third DUI within ten years, your license will be revoked as a “habitual violator” for five years from the date of conviction. After two years, you may be eligible for a probationary license with an ignition interlock. In addition, your license plate will be confiscated, you will be subject to clinical evaluation and alcohol or drug treatment, and your photograph will be published in the local newspaper at your expense.
At Hall Hirsh, LLC, we will work with you to avoid and minimize these penalties. We have resolved several complicated DUI and drunk driving related cases by getting the state to reduce the charges or altogether having them dismissed.
GEORGIA VEHICULAR HOMICIDE AND SERIOUS INJURY BY VEHICLE LAWS
§ 40-6-393. Homicide by vehicle
(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
(d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person’s license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.
§ 40-6-394. Serious injury by vehicle
Whoever, without malice, shall cause 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 Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year or more than 15 years.
Vehicular homicide and serious injury by vehicle cases are serious felonies. Hall Hirsh, LLC has the experience to handle such cases. As former felony prosecutors, our lawyers are familiar with the seriousness of these charges. We have resolved such cases in superior courts all over Georgia to the benefit of our clients. Our aim is to help you, but time is of the essence. These cases will likely require the use of independent experts and the quicker we get them working on your case, the better the outcome will be for you or your loved one. Call us at 404-638-5880 so we can begin a vigorous defense on your behalf!
