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Fighting your First DUI Charge

Finding a reliable and experienced DUI lawyer as soon as possible is highly recommended if you have been arrested for your first DUI in Marietta or anywhere else in the state. An experienced lawyer can often stop you from being convicted, whereas if you don't use the services of a lawyer, your lack of knowledge and experience may lead to a conviction. The right legal action and appropriate representation can also keep you from being adversely affected by the several time sensitive regulations and laws that may apply to your situation. You can easily end up in prison if you don't understand the court procedures and rules. Thus it is advisable to seek the help of someone who does understand the legal process.


Time is of the essence because you will have a criminal conviction against your name and your driver's license suspended in 10 days unless you take immediate action. An experienced Cobb County lawyer can help you protect your driving privileges and buy you valuable time by requesting what is known as an ALS hearing. One of the most experienced and trusted law firms in the area is the law firm of Webb & D'Orazio.


Criminal penalties and civil or administrative penalties can apply if you are convicted, even if this is your first DUI. However, if your DUI does not result in the death or injury of someone else and there are no other aggravated circumstances, the penalty for a first DUI in the state of Georgia is not as severe as it is for subsequent DUIs. The penalties for a first time DUI in Georgia are listed and described below:

Administrative penalties:

  • First DUI if aged over 21: License suspended for 120 days, mandatory attendance of DUI school and a fine of $210. Qualifying drivers will be given a limited driving permit.
  • First DUI if aged under 21: License suspended for 6 months, DUI school and a fine of $210 if less than 0.08 percent level of alcohol concentration. License suspended for one year if that level is over 0.08 percent.

Criminal penalties:

The O.C.G.A. § 40-6-391 lists offenses for driving under the influence of alcohol:

  • Fines range from $300 to $1,000, prison time ranges from 10 days to a year, and DUI school and community service are required.
  • For a first DUI conviction without a 12 month time in prison, offenders must participate in a year long probation program, although that excludes days that were spent in prison.


It may not sound like it, but you are actually in more of a favorable position if this is your first DUI conviction. The law is generally a lot harsher on those who have had prior convictions. This means that it is possible to appeal a DUI charge, although to successfully do so you really need the assistance of a reliable DUI attorneywho understands the system.

If you are a resident of the Marietta Georgia area and this is your first DUI charge, contact the law offices of Webb & D'Orazio at (770) 952-7000.

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