While .223 sounds bad, there still may be defenses available to you. It is important that you have an experienced DUI attorney review the evidence as soon as possible to see if you have any arguments that can be made in your favor.
Thank you for your service to our country. If I can help, feel free to give me a call to discuss your case.
Being proactive and knocking out some of the things that will be required of you if you plead guilty or are convicted is something I often recommend. If this is your first DUI, or the only DUI you have had in the last 10 years, the following typical sentence components will provide a good idea of what you can expect from a guilty plea or a conviction:
You will receive a minimum sentence of 10 days in jail. As you registered over .08%, all but 24 hours of “actual incarceration” can be suspended at the judge’s discretion.
Your driver’s license will be suspended for one year. However, you are eligible to apply for a work permit immediately. After 120 days on the wok permit, you may apply for early reinstatement by paying a $210 reinstatement fee and providing proof that you attended DUI (risk reduction) school.
Your license may also be “administratively suspended.” If you register above .08%, the Department of Driver Services will attempt to suspend your license immediately. You may appeal this suspension within 10 business days of your arrest (known as the 10-day rule). If you registered greater than .08%, your license will be suspended for 30 days, but a work permit is vailable.
You will be on probation for twelve months, less any days you were actually incarcerated. Georgia requires that misdemeanor probationers be supervised, and this is usually done by a private probation company. Private probation companies usually charge probationers between $35 and $44 to supervise their probation.
You will be required to pay a minimum fine of $300; the maximum fine is $1,000. In my experience, most judges fine first time offenders somewhere between $700 and $1000. Additional surcharges (“court costs”) will add approximately 35% to the fine.
You will be required to perform at least 40 hours of community service. Some courts require that you do your community service on the Sheriff’s Work Detail, or on a “Work Alternative Program,” which will require you to perform community service in the county where you received your DUI while dressed in a jail uniform.
You will be required to complete a DUI Alcohol or Drug Risk Reduction class (“DUI School”) that has been approved by the Department of Driver Services. Though the law does not require it, my experience is that most judges will require an Alcohol & Drug Evaluation followed by treatment recommended by the evaluator.
Finally, most judges will require that you attend one Victim Impact Panel. This is a presentation by MADD (Mothers Against Drunk Driving) where victims of DUI accidents share their experience regarding how DUI affected their lives.
My advice is that you speak with an experienced DUI attorney IMMEDIATELY. As with many criminal charges, there are often time sensitive issues involved with DUI cases, and it is best to give your attorney as much time as possible in preparing your defense.
Paul J. Sieg
I sounds like you really need an experienced DUI Defense Attorney to represent you - ASAP! Although a 0.223 sounds bad, you may have some excellent defenses if you have a DUI Defense Attorney that is qualified to help you. I would recommend that you retain the best DUI Defense Attorney that is available to you as quickly as possible. Additionally, you should make sure that you have requested an Administrative License Suspension (ALS) hearing within the 10 business day limit. If you don't do this your license will be automatically suspended and you haven't even been convicted of the DUI! Finally, it is probably a good idea to go ahead and take the DUI School. However, I would also recommend that you stop posting any information about your case on the internet. Prosecutors/Solicitors love to find incriminating information online!!! It is not fun to find the Solicitor has pictures of your client drinking/partying etc. that have been found online! Your best chance for a 2nd chance is retaining the best DUI Attorney that is available to you. I hope this information has helped you. Good Luck!!! George McCranie www.mccranielawfirm.com
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
Retain a lawyer.
Darrell B. Reynolds, Sr.
Attorney and Counselor at Law
"Love all, trust a few, do wrong to none."
- William Shakespeare
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I have won several cases where the articulable suspicion was based upon "improper backing". Your case most likely comes down to whether the stop was legal or not. It is legal to back up on a roadway in the state of Georgia so long as you can do it safely and so long as you do not impair the flow of traffic. If there is a video showing the alleged violation, this should show whether the stop was justified or not. If not, I could most likely get you out of this DUI charge. Feel free to call me at 404-993-9172 for a free consultation.