First Time DUI Lawyer in Cumming
Highly Skilled Attorney Serving Forsyth & Gwinnett Counties
The state of Georgia is particularly tough on DUI offenses. Even if you are a first time offender, it is important to take the charges seriously. A DUI conviction can be expensive, embarrassing, and cause major disruption to your daily life. If you are facing Driving Under the Influence charges in Georgia, prepare yourself with the facts about what a first time DUI offense will entail.
Should You Get A Lawyer For First DUI?
You should hire a DUI lawyer for your first DUI if there is evidence that can help claim your innocence. A first-time DUI is normally a misdemeanor and many courts in Georgia hand that standard sentence down. Even though a few people choose to plead guilty, an attorney can do much more for you.
Our Cumming DUI attorney has the skill and dedication you need to fight the charges against you. Contact our team today to learn more!
What Is Considered A DUI in the State of Georgia?
Georgia law states that any person in control of a motor vehicle while under the influence of drugs or alcohol to the point that it is “less than safe” for them to drive (or with a BAC of .08 or above or any amount of illegal drugs in their system) is guilty of Driving Under the Influence. Even if the drugs were legally prescribed or the person’s BAC is under .08, if the police have reason to believe you are a safety risk due to these substances, you can be charged with DUI.
The police will generally perform field sobriety tests and administer a chemical breath, blood, or urine test to determine BAC. In the state of Georgia, there is a legal presumption that every person licensed to drive has already consented to a breath test. You can refuse to submit to a breath test, but the refusal of a test is often functionally the same as a test result of .08 or above. If you are convicted of a DUI after refusing a breath test, your license could be suspended for an additional year.
Penalties for First Time DUI
As stated before, first DUI offense is considered a misdemeanor. Sentencing for a first time DUI may include up to $1,000 fine and jail time of up to one year. If your BAC was .08 or over, there is a mandatory sentence of 24 hours in jail. First-time offenders are also sentenced to a minimum of 40 hours of community service and probation of up to one year. During your probation, you will most likely be required to complete additional conditions like attending AA or NA meetings, take random urinalysis tests, and to avoid alcohol or drugs. This means no drinking even while at home and avoiding social events where alcohol is present.
The Department of Driver’s Services will suspend your license for one year after a DUI conviction. You will have only ten days to request a hearing to appeal the suspension, otherwise, your license is automatically revoked. If you want to drive at all during the term of suspension, you will have to apply for a Limited Driving Permit and prove that it is necessary for you to drive. The Limited Driving Permit will allow you to drive to work, school, alcohol programs, and other limited locations. Once the suspension has passed, you do not automatically get your license back. You will need to apply to have your license reinstated by calling the Department of Driver’s Services, visiting a driver’s license office that offers reinstatement, or by requesting your reinstatement in writing.
Risk Reduction Program
You will also most likely need to complete a Risk Reduction Program as part of your sentence. This class is designed to help change your relationship to drugs or alcohol. The assessment portion of the course takes 30 minutes to an hour, and the intervention stage will take 20 hours broken up over multiple days. Attending the course is mandatory, and costs $280 on top of any other fines or court fees you are required to pay.
How the Time Between DUIs Affects Sentencing
If five years have passed since a DUI offense, it will be treated as a first-time offense in the eyes of the law; however, it is important to remember that the judge will still take your driving record and any past DUIs into consideration. So while you may not be facing the more severe penalties of a repeat offender, you may still receive a tougher sentence due to a previous DUI conviction.
Call The Epps Law Group Today
Many first time offenders make the mistake of assuming that there is nothing they can do after being arrested and charged, or that it would be best to handle the charges on their own. This is not true. Considering the impact that a DUI conviction can have on your life, it is important to seek the counsel of a professional. An experienced DUI lawyer in Cumming can help you argue your case, negotiate a plea agreement, and perhaps even get the charges dismissed.
We offer free consultations to our clients! Call us at (678) 257-4507 to schedule yours today.
5-Star Reviews
READ WHAT OUR CLIENTS ARE SAYING ABOUT US
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Attorney Epps and his paralegal, Elicia, worked wonders for me! It was a really scary time, and they both reassured me and got the best result I could have hoped for for my case.- Lucie F.
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I don’t even know where to start when it comes to Kyle Epps. I walked into his office 3 years ago and the charges I had called for prison time. He gave me an outline on what to do, and of course, I said I’ll do this and this but not that. He pushed me hard and gave me every tool I needed to stay free. Three years later I went to court and walked out just about a free man. Not only didn’t his way work in the courtroom but it’s changed my life in every single way you could imagine. He was very stern, but he totally knew what he was talking about. His plan is 100%, it’s just a person has to do the footwork. He’s very professional and his team is on top of everything so you don’t slip through the crack. I am so grateful for meeting this man, I would not be the person I am today clean and sober if I didn’t walk into that office 3 years ago.- Anthony C.
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Kyle and Elicia were beyond fantastic! I never dreamed like most people that I would be faced with being told I want a divorce, especially after 15 years years. But they were there to make the process as easy as possible and as civil as possible and keep the kids 1st. I eventually made it through still sane all thanks to Kyle and his team. I can't say enough great things and another HUGE plus is they were beyond reasonable cost-wise! They will be my go-to for any other needs in the future.- Amy B.
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After researching for several days, I spoke to several attorneys and, The Epps Law Group was my final choice to represent me for my Simple-Battery case. Before I hired this team, I spoke to Attorney Kyle Epps directly, which made a big difference. He outlined a plan for me and said, “if you stick to the plan I give you, you will be ok”. As vague as that response was, I trusted him. This was the best decision I made.
From the moment I began working with their team, I spoke to one of their Paralegals, Elicia Davis, assigned to my case. I cannot express how knowledgeable, non-judgmental and helpful Elicia was with navigating me through my case. It was my first time dealing with the Forsyth County courts and legal system and I had gone through an emotional rollercoaster for the first couple of months. Elicia checked in constantly throughout the early stages and did everything she could to comfort my anxiety and stick to Attorney Kyle Epps’ plan.
As promised, I stuck to the plan 100% and I received news that my case was dropped, I no longer needed to go to court and I only need to address a fine and attend classes. I strongly believe that Attorney Epps’ work experience in the Forsyth courts, relationships with the prosecutors, and background as a police officer in Forsyth County gives his clients an advantage. He is well respected and is more than familiar with the process. His plan works and I honestly believe I would not have had the same outcome if I did not have The Epps Law Group on my side.- Earl A. -
Kyle did his job well for me. I was struck with a DUI last year. Knowing nothing about this I hired Kyle, due to his extensive background in law enforcement and the knowledge he provided. He laid out everything about the case during our free consultation, and it made sense. He saved my license by calling for an ALS hearing and got my charge knocked down to reckless driving. I would never have been able to do that myself, especially with an already busy schedule. Good work, Kyle, and thanks again!- Dylan P.
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Kyle was amazing to work with! He highly exceeded my expectations and was very friendly and helpful. I have had other family members work with him and he has been overly helpful and an amazing experience to work with!!- Molly P.
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Kyle did a great job on my daughter’s case, and we are very thankful. Things would have been much different had we not had him as our attorney. Communicating with his office is so easy. They have a client portal that you can log into to see appointments, documents, and messages. Elicia, his paralegal, is a pleasure to deal with as well. Highly recommend Kyle.- Diane K.
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Kyle helped me with a family law matter and also with having a stolen car returned. He exceeded my expectations at every point. He was always available, thoughtful, knowledgeable, courteous and matter of fact. From the beginning, I always felt he had my back. If any of my friends, family, or acquaintances ever need an attorney, I will recommend Kyle.- Paul P.
With a background as a police officer, prosecutor, and Judge Pro Tem, The Epps Law Group can provide you or your loved one with detailed and trusted representation. Our attorney has been involved in the criminal justice system for more than 30 years. Put our experience on your side.
Why Choose Us?
See What Sets Us Apart
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Dedicated TeamSkillful legal counsel that carefully and meticulously examines all aspects of the case for critical information.
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Unquestioned IntegrityA reputation of treating judges and prosecutors with honesty allowing him to be taken seriously when it could matter the most.
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Former Police OfficerThe knowledge that comes from a former police officer to serve clients needing accomplished criminal defense representation.
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30 Years of ExperienceOver 30 years of legal experience as a prosecutor and Judge Pro Tem, we can use insights from that experience to help you.