During the holidays, we meet people from the city of Atlanta who do not take the responsibility of driving seriously. Some of these people decide to drive while under the influence of alcohol or drugs.
It is important to create memories, celebrate with our loved ones, and reflect on everything that happened in the year during the holiday season. It is not time to deal with negative impacts from drunk driving and being charged with DUI in Atlanta.
Mortality statistics, according to the National Security Council (NSC), estimate more than 400 people can die on US roads. Some of those deaths are caused by the irresponsibility of driving a car after ingesting alcohol or drugs. Almost half of the accidents are caused by alcohol intake.
Three tips from Diaz & Gaeta for the Holidays.
According to a report from Mothers Against Drunk Driving (MADD) that was prepared last year, there were almost 400 deaths from drunk driving in Georgia. Here are three tips to help you avoid becoming such an awful statistic.
- Planning your departure in advance and choosing a driver who will not drink is the safest, most efficient, and cheapest way to enjoy yourself and return home without any problems.
- Avoid driving during the most popular and busiest hours. The probability of suffering an accident increases in the afternoon and early in the morning.
- Be responsible and refuse any chance of danger. Decide not to drink, and choose a non-alcoholic beverage instead. If you do choose to drink and drove to the location where you drank, be smart and do not try to drive yourself home. Leave the car and return the next day for it.
A DUI is a felony or misdemeanor
The stress caused by being arrested for DUI and waiting for alcohol tests makes people consider the severity of the crime that has just been committed.
You can rest easy because in most states a DUI conviction is a misdemeanor. Being charged with a misdemeanor can mean spending time in jail and a fine, but both are less than when a felony conviction. However, a DUI can be felony in the state of Georgia. Whether or not you are charged with a misdemeanor or a felony depends on the following factors:
- Personal injury can be accompanied, almost always, with the filing of charges for a serious crime, such as hurting or killing someone during the accident.
- Breaking the law, driving with a revoked or suspended license and being arrested can raise the charge to a level of felony.
- Having a high degree of blood alcohol can be cause for being charged with a serious crime. The standard in all states is .08%.
- In many states, laws have been passed to increase felony charges when someone is arrested for DUI with children in the vehicle.
- Having a prior DUI conviction in the state in which you are can lead to a felony conviction
How long does a DUI remain on your record?
Even if you are acquitted of your DUI or your charges are dropped, the DUI arrest will remain on your record. When the police check your criminal record, they will see any prior DUI arrests.
DUIs will be a part of all types of records. It can affect being hired for a job, as it remains on your history.
The criminal justice system keeps crimes on file forever. DUIs are one of those crimes that have serious penalties, penalties which increase if you are repeat offenders. While a DUI remains on your criminal record forever, you may be able to remove it, which means removing the conviction from your RAP sheet (Record of Arrests and Prosecution).
Depending on the state in which you live, the DUI can remain on your registry forever or it can be removed. In Georgia, there is no elimination of such crimes. You can try to receive the governor’s forgiveness for your conviction, but that is quite rare. Special eligibility requirements apply to each state, such as successfully leaving prison and probation for several years.
Also, the sealing of records without conviction in Georgia is given under the “registration restriction” law, arrested or charged but not convicted.
How can the law firm Diaz & Gaeta help with your DUI charges during the holidays?
Don’t let the extra stress of the holidays keep you away from your family. If you have been charged with DUI, do not hesitate to call us. The law firm Diaz & Gaeta has the tools and resources to help you and knowledge of the laws.
The lawyers Diaz & Gaeta are realistic and we speak to you with the truth, giving you the real options to win your case. We offer you a free consultation and the possibility of building a solid case with evidence to eliminate or reduce your sentence.