First-Time DUI in Georgia: Penalties and Defense Options

Facing an adverse judgment can be an overwhelming experience. A litigant may be left feeling scared, frustrated, and unsure of what to do. Luckily, this does not necessarily mean the end of the court process. It is important to know there are options. Here, we explore the grounds for a motion for a new trial in Atlanta and common reasons and requirements. If there are legal means to do so, the court can grant a new trial. In 2022, for example, an Atlanta man was granted a retrial based on an insufficiency of evidence during initial proceedings and was later acquitted. A motion for a new trial can be an important legal mechanism. Appeals and New Trials In the post-trial stage, it can be confusing to understand the proper steps to take. One of the first things that must be done is to decide if a motion should be filed for a new trial or an appeal. While similar, these two motions are fundamentally different. A motion for an appeal argues that there was a problem in the court process which caused a defect in the court process. This can include things like ineffective counsel or issues with evidence. Importantly, an appeal seeks to move the case to a higher court, in effect making a request to take it out of the hands of the court of first instance. A motion for a new trial is, in effect, a request to the ruling judge to try the same case again. While this motion, like an appeal, argues that problems occurred during initial proceedings, it does not seek to move the case to the higher courts. Rather, it submits reasons that a new trial should take place under the initial judge, and is grounded on the submission of exculpatory information. Grounds for a Motion for a New Trial A person submitting a motion for a new trial, or “movant,” can make their claim on several grounds. This must be done within 30 days of the initial court judgement. In the state of Georgia, this motion is made possible by Article 2, Chapter 5, Title 5 of the Georgia Code ( §§ 5-5-20 ), which recognizes the following as legitimate grounds for a new trial: I nsufficiency of evidence. This could mean several things, including any errors committed by the court through illegal admissions of evidence or exclusion of exculpatory evidence. Newly discovered evidence. For this to be valid, the evidence must have come to the movant’s knowledge after the trial, and a legitimate reason must be offered for the party not being aware of it before then. The evidence should be consequential and likely to have a bearing on the original outcome of the initial court decision. A contradiction between the judgment and the evidence presented. This occurs when the legal judgment of the court stands in direct conflict or contradiction with the facts presented to the court. This can happen when evidence is interpreted mistakenly or when the evidence presented is clearly exculpatory. Legal errors during trial proceedings. Sometimes errors happen in the pre-trial or trial procedure. If there was impropriety in things like jury instructions, use of inadmissible evidence, or other irregularities that can be shown, there may be a legitimate reason for a new trial. Atlanta Court Backlogs As of June 23, 2023, Fulton County’s Magistrate Court reported over 307,000 case filings since January 1, 2019, with approximately 171,010 landlord-tenant cases. Of these, 14,643 remained open, with 6,952 awaiting a trial date, indicating a significant backlog in eviction-related cases. Court backlogs can delay dates for setting retrials. FAQs Q: How to Win a Motion for a New Trial? A: To be successful in a motion for a new trial, you should be prepared with your filings and justifications. Drafting the motion is crucial. Clear, precise justifications must be given. If, for example, there is new evidence, it must be shown that it serves an exculpatory function. Likewise, justification must be given for it not having been included previously. Being prepared and understanding the guidelines are fundamental when filing a motion for a new trial. Q: What Are the Grounds Upon Which a Court May Grant a New Trial? A: In the state of Georgia , under Title 5 of the Georgia Code, a court may grant a new trial due to newly discovered evidence, problems with the initial evidence presented at the initial trial, and any legal errors that can be shown to have been made as well. In addition, if it can be shown there was a contradiction between the judgment and the evidence presented in the original case, a motion may be granted. Q: What Is the Federal Rule for a Motion for a New Trial? A: Under Federal Rule of Civil Procedure 59 , a motion for a new trial in a federal court must be filed within 28 days after the entry of judgment. The court may grant a new trial if the verdict is contrary to the weight of evidence, involves legal errors, or other reasons that justify a new proceeding, such as juror misconduct or newly discovered evidence. The decision to grant a new trial is within the trial court’s discretion. Q: Can an Attorney Help Get a New Trial in Atlanta? A: A skilled lawyer can help secure a new trial in Atlanta by filing a motion within 30 days of the judgment, demonstrating errors like insufficient evidence, legal mistakes, or juror misconduct. They can gather new evidence, such as uncalled witnesses or exculpatory material, and argue how trial irregularities violated the defendant’s right to a fair trial. If denied, an experienced attorney can appeal to a higher court, leveraging their skills to navigate strict deadlines and complex legal requirements. Speak with an Experienced Lawyer Today Seeking a new trial is a legitimate option should new evidence or extenuating circumstances arise. The process can be complex, and it is critical to have sound legal advice. At The Law Offices of Delisa Williams, PC , our attorneys have a track record of success when it comes to representing and advocating for clients. Contact us today to discuss developing a motion for a new trial. See Related Posts: 2025 Eligibility for Record Restriction in Atlanta: Do You Qualify The Benefits of Record Restriction in Georgia: A Second Chance at Success 

If you are charged with a crime in Georgia, you may face a range of consequences, from serving jail time, paying fines, being on probation, or being ordered to do community service, depending on the crime. However, another penalty is having a criminal record, which can not only stain your reputation but also impede you from obtaining a range of opportunities. Therefore, if you have a criminal record, you should understand how eligibility for record restriction in Georgia works. At The Law Office of Delisa Williams, PC, we provide criminal defense for a myriad of crimes . Whether you have been charged with a misdemeanor or a felony, our lawyers have top-notch skills, extensive experience, and provide the individualized attention necessary to help our clients reach successful outcomes. What Is Record Restriction? If you commit a crime, it will likely appear on your permanent criminal record. Criminal records in Georgia are maintained by the Georgia Crime Information Center (GCIC) and contain identifying information, arrest records, and judicial dispositions. These records are viewable by law enforcement agencies, courts, certain public agencies, employers, and the offenders themselves. According to the Prison Policy Initiative, roughly 38% of adults in Georgia have a criminal record . Of the over 200,000 adult arrests reported statewide, many were for misdemeanors that may qualify for restriction. Because criminal records are viewable to public agencies and employers, having a record can impede your ability to obtain employment, certain licenses, educational opportunities, and even housing. This is why many people seek to get their records expunged or restricted, also known as record sealing. This distinction is beneficial to many offenders because it means that even though the record is still accessible to courts and criminal justice agencies, it is hidden from the public, helping offenders regain their abilities to obtain jobs, housing, licensing, and educational opportunities. Georgia Record Restriction Laws In Georgia, offenders can get up to two misdemeanors restricted from their criminal record. Record restriction laws are pursuant to O.C.G.A. §35-3-37, which outlines the procedures for record restriction, eligibility, and other key factors. To get your record restricted in Georgia, you should contact the prosecuting attorney. If your arrest occurred in Georgia , you may need to contact the SOLICITOR'S OFFICE or DISTRICT ATTORNEY'S OFFICE for misdemeanor restrictions or the District Attorney’s Office for felony charges not resulting in conviction. It is wise to hire a criminal defense lawyer to begin the process for getting your record restricted, whether it is done by application or with the prosecuting attorney. Your lawyer can help you navigate your application and help you with other legal complexities when submitting your request. Record Restriction Eligibility Only certain charges are eligible to get their records restricted or limited from public view. Your lawyer at The Law Office of Delisa Williams, PC can help you determine if you qualify, but generally, the following criteria must be met for record restriction in Georgia: Your case ended with a not-guilty resolution. Your sentence was downgraded. Your criminal conviction was an eligible misdemeanor with the following criteria: You completed the terms of your sentence. You have not been convicted of a crime in at least four years, with certain exceptions. You do not have any pending charges. Generally, felonies are not eligible for restriction by Retro-Active First Offender is a viable tool in removing certain felonies. However, some crimes that are not eligible for record restriction, pursuant to O.C.G.A. §35-3-37, and include: the Misd. not eligible for record restriction are Family violence simple assault and battery, with the exception of youth offenders Family violence stalking Child molestation Public indecency Sexual battery Penalty for Attempting to Obtain Restricted Records The purpose of the record restriction law is to provide for the sealing of criminal records so that offenders have a second chance at life without obstacles. Therefore, violating this law by attempting to view or obtain restricted records is met with consequences. Specifically, if a person illegally obtains or even attempts to obtain sealed or restricted records, they may be met with the following penalties: Paying fines up to $5,000 Serving up to 2 years in jail Or both penalties These penalties also apply to individuals who disclose or attempt to disclose security and privacy methods related to restricted records and other criminal justice information. FAQs Q: How Do I Get My Record Restricted in Georgia? A: The process for getting your record restricted in Georgia depends on your case outcome. If your case met non-conviction criteria, such as getting dismissed or resulting in acquittal, then restriction occurs automatically if you were arrested after July 1, 2013. Nevertheless, following up with the prosecutor is recommended. However, if you were arrested before July 1, 2013, you must fill out an application and submit it to the arresting agency. Q: What Is the New Law for Restricting Convictions in Georgia? A: Georgia’s new record restriction law, Senate Bill 288 , took effect on January 1, 2021. It allows those with certain misdemeanor convictions to restrict those records from public view if they have had no new offenses for four years. The law aims to remove barriers to opportunities, such as employment, housing, and education. Although the records are limited from public view, criminal justice agencies and judicial officials are still able to view the records. Q: What Qualifies for Restriction in Georgia? A: Only certain records qualify for restriction in Georgia. First, typically, only misdemeanors and only certain misdemeanors are eligible for restriction. Specifically, to be eligible for record restriction, you must have met the following criteria: Your conviction must have ended in a not-guilty disposition. You must have completed your sentence. You must not have been convicted of a crime in four years. You must not have any pending cases. Q: Do Felonies Go Away After 7 Years in Georgia? A: No, there is no specific law that states felonies go away after seven years in Georgia. Generally, felonies permanently remain on your record. To get your record expunged or permanently cleared, you should contact a lawyer to advise you of the process. However, certain records can be restricted if they meet eligibility requirements and if you go through the proper channels to request the restriction. Contact an Experienced and Fierce Lawyer Today If you believe your criminal record is eligible for restriction, you should contact us right away . You deserve a second chance and the ability to seek employment, housing, and other opportunities without the barrier of a record. At The Law Office of Delisa Williams, PC, we are here to help you get your life on track and earn your freedom. See Related Posts: Falsely Accused of a Crime in Georgia How Much Does a Criminal Defense Lawyer Cost in Georgia? Grounds for a Motion for a New Trial in Atlanta: Common Reasons and Requirements

The United States Constitution recognizes the right of citizens to own guns, and each state in the union seeks to balance that right with laws to address public safety. According to World Population Review, approximately 49.2% of Georgia residents live in a home with a gun. Georgia gun laws and penalties are designed to protect its residents, and it remains critical that all gun owners understand these regulations. Georgia’s gun laws are some of the most permissive in the country. In the state of Georgia, any “lawful weapons carrier” can carry a handgun on their person, either openly or concealed. They may carry this firearm without a permit in many public places, excluding government buildings, schools, and bars. Who Is Defined as a “Lawful Weapons Carrier” in Georgia? In the state of Georgia, you are considered a “lawful weapons carrier” if you meet the following requirements: You are eligible for a weapons carry license (regardless of whether you have one) in the state of Georgia. You are a resident of a different state and are eligible for a Georgia weapons carry license. You are licensed to carry a weapon in any other state. Who Cannot Possess a Gun in Georgia? While the gun laws in the state of Georgia are considered fairly lax in comparison to other states, certain people are not legally permitted to carry a firearm of any kind. This includes: Anyone under the age of 18. No one under the age of 18 is allowed to buy or possess a gun of any kind. It is also illegal to sell a firearm to anyone younger than 18. Anyone convicted of a felony . It is illegal for anyone convicted of a felony to possess a firearm at any time, anywhere. This includes felonies outside of the state of Georgia as well as within. Anyone convicted of certain misdemeanors. Specific misdemeanors, such as domestic abuse , can revoke your right to possess a firearm. Anyone who has been adjudicated or legally deemed to have mental illness(es). If you have been adjudicated as mentally ill or are legally considered a danger to yourself and/or others, you may not legally be allowed to carry a firearm. As with most other criminal penalties, monetary fines and jail time are both potential penalties for violating gun carrier laws in the state of Georgia. If you have been accused of unlawful weapon possession, hiring an Atlanta criminal defense lawyer is an important move you can make to clear your name. If you want to avoid penalties, such as fines and jail time, having a skilled lawyer on your side can make or break your case. What Are Some of the Defenses Against Gun Carrier Violation Charges Facing any kind of criminal charges can be stressful, but several types of defenses may potentially lead to the charges being lessened or dropped. Here are some examples: Lack of possession or knowledge. An example of this would be an unknowing and non-carrying person in a car with a friend who is armed. When pulled over by law enforcement, they do not inform the police about their weapon, and the police find it in the backseat. In this case, you would need strong evidence of non-involvement to avoid being successfully prosecuted. Location misidentification or lack of notice. Carrying in prohibited places is illegal, but a skilled attorney can argue that you were unaware of those restrictions or that they weren’t clearly identified. Lack of intent or notice may not clear you of wrongdoing, but it can weaken the prosecution’s case. Lack of evidence. Evidence is a key part of building a compelling case, and if there isn’t enough applicable evidence, the case may not hold up in court. Having an experienced Atlanta gun crime lawyer advocating for you can help you navigate your difficult situation. The team of skilled lawyers at The Law Office of Delisa Williams PC is ready to help you build a compelling case against your charges and assist you every step of the way. FAQs Q: What Is the Minimum Sentence for Illegal Gun Possession in Georgia? A: The minimum sentence for illegal gun possession can vary in the state of Georgia as the result of several variables involved in your case. Having a defense lawyer advocating on your behalf can be a helpful tool when pursuing the minimum sentence or advocating to be cleared of all charges. Q: Can You Carry a Loaded Gun in Your Car in Georgia Without a License? A: In the state of Georgia, you are legally allowed to carry a loaded gun in your car without having a license as long as you are not prohibited by law, and it must be out in the open. For example, if you have been convicted of any felonies, you would be prohibited from possessing a firearm of any kind. Q: Do You Have to Tell a Cop You Have a Gun in Georgia? A: It is always wise to inform law enforcement of any weapons you have. If a police officer pulls you over, you should keep your hands where the officer can see them and respectfully inform them of the weapons you have in your car and/or on your person. This shows them that you are not a threat, that you are cooperating, and that you have no wish to escalate the situation. Q: Can Gun Charges Be Dropped in Georgia? A: It is possible for gun charges to be dropped in Georgia , which is why you need a skilled criminal defense lawyer on your side. Because they understand the judicial system, they can craft a strong defense against your charges. A skilled attorney knows the most effective strategy to employ on behalf of their client. Get More Information Today Facing criminal gun charges can be an overwhelming and confusing experience. Fortunately, you do not need to face your impending legal proceedings alone. At The Law Office of Delisa Williams PC , an accomplished team of lawyers is ready to take on your case. Contact us today for a consultation. See Related Posts: Falsely Accused of a Crime in Georgia How Much Does a Criminal Defense Lawyer Cost in Georgia? How To Get Your Criminal Record Expunged in Georgia Grounds for a Motion for a New Trial in Atlanta: Common Reasons and Requirements

Having an arrest on your criminal history records can be a significant barrier to employment, housing, and even educational opportunities. Many individuals with past offenses struggle to move forward in life due to the stigma associated with their records. Fortunately, record restriction in Georgia offers a second chance by limiting public access to certain records, allowing individuals to have their record restricted while still being accessible to law enforcement and the arresting agency. This legal process ensures that past mistakes do not define a person’s future while upholding justice. Understanding the cost of applying for record restriction is important, as fees may vary based on the jurisdiction and specific case. Preventing unnecessary discrimination, record restriction provides numerous benefits that can positively impact individuals and society as a whole. What Is Record Restriction? Record restriction is a legal process that removes or limits public access to certain criminal records. While the record may not be completely erased, it becomes hidden from public view, including potential employers, landlords, and educational institutions. Law enforcement and certain government agencies may still access the record, but for most practical purposes, it no longer affects a person’s opportunities. In Georgia, this process is governed by O.C.G.A. §35-3-37 , allowing eligible individuals to move forward without past mistakes limiting their future. Key Benefits of Record Restriction Individuals in Georgia can request to have their records restricted, ensuring that past offenses do not appear in background checks conducted by employers, landlords, or educational institutions. When a disposition does not lead to a conviction or the state chooses not to prosecute , record restriction allows for a fair chance at rebuilding one’s future. This process supports rehabilitation and provides opportunities for employment, housing, and education while maintaining fairness within the criminal justice system . Below are the key benefits of record restriction: 1. Better Employment Opportunities One of the most significant advantages of record restriction is the ability to secure better job opportunities. Many employers conduct background checks, and a criminal record can be a major obstacle to getting hired. With a restricted record, individuals have a fair chance to compete in the job market without past mistakes defining their future. 2. Increased Housing Options Landlords often perform background checks before renting to potential tenants. A criminal record can lead to automatic disqualification or increased rental deposits. Record restriction helps individuals secure stable housing by removing past offenses from consideration during tenant screenings. 3. Improved Educational Prospects Many colleges and universities ask about criminal history during the admissions process. A restricted record can increase access to higher education by ensuring that past mistakes do not unfairly limit educational opportunities. 4. Eligibility for Professional Licenses Certain careers require professional licenses, which can be difficult to obtain with a criminal record. Record restriction allows individuals to pursue careers in healthcare, law, finance, and other fields that may have been previously inaccessible. 5. Personal and Social Benefits Beyond professional and legal advantages, record restriction can improve mental health and self-esteem. Knowing that past mistakes no longer define one’s future can provide a sense of relief and motivation to pursue a better life. Additionally, reducing barriers to employment and housing decreases recidivism rates, making communities safer and more stable. How to Apply for Record Restriction in Georgia The process for record restriction in Georgia depends on several factors, including the type of offense, the time elapsed since the case was resolved, and whether the individual has fulfilled all sentencing requirements. To determine eligibility, a review of the Georgia criminal history is often necessary. In many cases, the prosecuting attorney plays a role in approving or contesting the restriction request. Generally, the process involves: Determining eligibility based on state laws. Filing a petition with the appropriate court. Attending a hearing if required. Receiving approval and ensuring the record is properly restricted. Legal assistance may be helpful in navigating the record restriction process in Georgia, as the requirements can be complex. Consulting an Atlanta expungement attorney can help ensure your eligibility and improve your chances of success. Final Thoughts Record restriction is a powerful tool that allows individuals to move forward with their lives without the burden of a criminal past. By improving access to employment, housing, and education, this legal process helps people become productive members of society. If you or someone you know may qualify for record restriction, exploring this option could be the key to unlocking a brighter future. The Law Office of Delisa Williams is here to guide you through the process. Contact an experienced Atlanta Criminal Defense Attorney today to take the first step toward clearing your record and securing new opportunities. See Related Post: Grounds for a Motion for a New Trial in Atlanta: Common Reasons and Requirements

When a driver is suspected of driving under the influence (DUI), law enforcement officers often administer field sobriety tests (FSTs) to assess impairment. These tests are designed to evaluate a driver’s balance, coordination, and ability to follow instructions. However, they are not always accurate and can be challenged in court. Types of Standardized Field Sobriety Tests The National Highway Traffic Safety Administration (NHTSA) has approved three standardized field sobriety tests that officers commonly use during DUI stops: Horizontal Gaze Nystagmus Test (HGN) – The police officer asks the driver to follow an object, such as a pen or flashlight, with their eyes. The officer looks for involuntary jerking movements (nystagmus), which can indicate intoxication. However, medical conditions, fatigue, or even bright lights can affect the results. Walk-and-Turn Test (WAT) – The driver must walk heel-to-toe in a straight line, turn, and walk back. This test evaluates balance, coordination, and the ability to follow instructions. However, uneven pavement, medical conditions, or nervousness can impact performance. One-Leg Stand Test (OLS) – The driver is asked to stand on one leg while counting aloud. The officer looks for swaying, hopping, or using arms for balance. Factors like age, weight, injuries, or anxiety can cause a person to fail this test—even if they are sober. Are Field Sobriety Tests Reliable? While FSTs are widely used by law enforcement, they are not foolproof . Studies show that even when administered correctly, these tests are only about 65-77% accurate in detecting impairment. Several factors can lead to false failures, including: Nervousness or anxiety – Being stopped by police can be stressful, causing even sober drivers to make mistakes. Medical conditions – Issues like vertigo, arthritis, or neurological disorders can affect balance and coordination. Weather and road conditions – Uneven pavement, rain, or poor lighting can make these tests harder to perform. Improper administration – If an officer does not follow NHTSA guidelines, the test results may be invalid. Can You Refuse a Field Sobriety Test? In Georgia , field sobriety tests are voluntary , meaning you can legally refuse to take them. However, it’s important to understand the potential consequences of refusing these tests. While you have the right to decline, doing so may lead to further scrutiny from law enforcement and could potentially influence the outcome of any subsequent legal proceedings related to your case. What to Do If You Fail a Field Sobriety Test If you have been arrested for DUI after performing field sobriety tests, do not panic. You may have legal defenses available, such as: Challenging the officer’s reason for the stop Questioning the accuracy and administration of the tests Presenting medical conditions that affected your performance A skilled DUI defense attorney can analyze the details of your case and fight to have charges reduced or dismissed. Contact a DUI Defense Attorney Today Unlike breathalyzer tests, field sobriety tests are subjective and often unreliable, but failing one can still lead to serious consequences. If you have been charged with DUI, it is critical to speak with an experienced Atlanta criminal defense attorney who understands how to challenge these tests. Call the Law Office of DeLisa Williams today for a free consultation and protect your rights. How Much Does a DUI Lawyer Cost? The cost of hiring an experienced DUI defense lawyer can vary significantly depending on various factors. After a DUI arrest, an attorney may assess the situation to determine whether there are grounds to challenge the results of these tests conducted during the roadside stop. Field Sobriety Tests in Georgia DUI Cases: What You Need to Know When a driver is suspected of drunk driving in Georgia, police officers often administer field sobriety tests (FSTs) to assess impairment. These tests are designed to evaluate whether a driver is impaired by assessing their physical coordination and cognitive abilities. However, they are not always reliable indicators of intoxication and can be challenged in court. At DeLisa Williams , PC , we understand how subjective and flawed these tests can be. If you have been charged with DUI after performing a field sobriety test, you need an experienced Atlanta DUI defense attorney on your side. Georgia’s Implied Consent Law While you can refuse a field sobriety test without immediate legal penalties, refusing a breathalyzer or blood test after arrest triggers Georgia’s Implied Consent Law (O.C.G.A. § 40-5-67.1). This law states that by driving in Georgia, you have implicitly agreed to chemical testing if arrested for DUI . Refusing a chemical test can result in: Automatic license suspension for one year You must appeal any license suspension within 30 days of your DUI charge. Contact DeLisa Williams, PC for Aggressive DUI Defense A DUI conviction in Georgia can have serious consequences , including jail time, fines, license suspension, and increased insurance rates. However, a failed field sobriety test does not automatically mean a conviction . With the right defense strategy, charges may be reduced or dismissed. At DeLisa Williams , PC , our DUI lawyers have extensive experience challenging field sobriety tests and fighting DUI charges throughout Georgia. If you have been arrested for DUI, don’t wait— call us today for a free consultation and protect your rights. Contact DeLisa Williams, PC at  555-555-5556  .

What happens when you get a DUI in Georgia? Driving under the influence (DUI) is a serious offense and can have lasting consequences. Whether it’s your first offense or a repeat violation, understanding the legal and personal implications of a DUI is crucial. By knowing what to expect with a DUI charge, you can make informed decisions and take the proper steps to mitigate its impact on your life. Getting Stopped for a DUI in Georgia The process of being charged with a DUI in Georgia typically begins with a traffic stop. Law enforcement officers may pull you over if they suspect you’re driving under the influence of alcohol or drugs. Common reasons for a DUI stop involve: Erratic driving behavior, such as speeding or swerving Driving too slowly or failing to obey traffic signals A visible issue with the vehicle, such as a broken taillight, prompting the stop During the stop, the officer may observe signs of impairment, including slurred speech or the smell of alcohol. They may ask you to perform a field sobriety test, such as walking a line or standing on one leg. You may also need to take a breathalyzer test to establish your blood alcohol concentration. Refusing to submit to the officer’s request to test your sobriety could lead to further suspicion. Under Georgia’s implied consent law, by obtaining a driver’s license, you agree to submit to chemical testing if lawfully arrested for DUI. Failing to do so can result in severe penalties, including an automatic license suspension. Penalties for a DUI in Georgia The consequences for a DUI conviction in Georgia vary depending on whether it’s your first or subsequent charge. Penalties also depend on factors such as your blood alcohol level, whether minors were in the vehicle, and if an accident occurred . First-time DUI convictions can include penalties, such as: A minimum fine of $300 up to $1,000 Possible jail time of up to a year 40 hours of mandatory community service License suspension lasting up to one year $210 reinstatement fee for license Second offenses within the first five years of the initial offense hold penalties, including: A fine of $600-$1,000 Minimum of 48 hours in jail, up to one year Suspended license for three years 30 days of community service $210 license reinstatement fee Mandatory clinical evaluation and the completion of a substance abuse treatment program, if necessary The third offense occurring within five years comes with the following consequences: $1,000-$5,000 fine Minimum 15 days in jail License revoked for five years Minimum of 30 days of community service Name and info published in local newspaper Mandatory clinical evaluation and substance abuse treatment program, if necessary Additional Consequences DUI convictions can come with other significant consequences, such as increased insurance rates. Your insurance premium could be so inflated it will make it difficult to find coverage. A DUI conviction could also jeopardize any professional licenses you hold, such as medicine or real estate licenses. You may have trouble finding employment from jobs that require a clean driving record. Besides work life, you could suffer from the social stigma a DUI conviction can bring, damaging your personal relationships and reputation in your community. Defending Against a DUI Charge A DUI charge is very serious. However, it does not necessarily mean conviction. For example, you can challenge the traffic stop if the officer lacked reasonable suspicion to stop your vehicle. You can also question the breathalyzer results or any other results from tests administered due to improper calibration, user error, or medical conditions. If your Miranda rights were not read or if the implied consent warning was not properly given, this could go in your favor. Our Atlanta DUI attorney can analyze your case and identify any weaknesses in the prosecution’s evidence. FAQs Q: What Is the Penalty for the First DUI in Georgia? A: In Georgia, the penalty for the first DUI involves a license suspension of up to one year, with a $210 license reinstatement fee. You could also face jail time of up to one year and pay fines between $300 and $1,000. First-time DUI offenders can also expect to serve a minimum mandatory 40 hours of community service. Q: Do You Lose Your License Immediately After a DUI in Georgia? A: Immediately following a DUI arrest, your license will be suspended. However, if you need to continue driving legally, you can opt to install an ignition interlock device. For a first-time DUI offense, you may qualify for a driver’s permit after the suspension period, allowing you to drive under specific conditions. With restricted driving privileges, you still have the option to stay on the road within legal limits. Q: What to Do if You Get a DUI in Georgia? A: If you get a DUI in Georgia, it’s important to act quickly. Hire a knowledgeable DUI attorney who can walk you through the charges and help you gather evidence to support your case. Your attorney can also help you make an appeal for your driver’s license . Prepare to enroll in a DUI program as part of your sentence and attend all court dates so as not to create additional charges against you. Q: Can a DUI Be Dropped in Georgia? A: While it’s not common, a DUI charge can be dropped in Georgia . For this to occur, evidence must be provided that your rights were violated, or you must prove that the arresting officer’s evidence was not sufficient. You would need to demonstrate that the field sobriety tests were inaccurate or improperly conducted or that law enforcement did not have reasonable cause to pull you over. Contact a DUI Attorney Today Understanding what happens when you get a DUI in Georgia can help you build a stronger case in your defense, and having a skilled DUI attorney in your corner can make all the difference. The Law Office of Delisa Williams PC can evaluate your case and identify any procedural errors violating your rights. We can offer legal guidance and negotiate with the prosecutor to reduce your charges or penalties. Contact us today to schedule your consultation.

Being falsely accused of a crime in Georgia can be one of the most terrifying and stressful experiences imaginable. The shock, confusion, and fear of being wrongfully prosecuted can overwhelm anyone in this position. The Law Office of Delisa Williams PC , shares advice on how to navigate this time, such as keeping a calm disposition, seeking legal counsel , and gathering evidence that supports your innocence. Steps to Take After a False Accusation Finding yourself falsely accused of a crime can be a nightmarish ordeal filled with anxiety and uncertainty. The immediate steps that you take in response can significantly impact the outcome of your case and your peace of mind. Understanding how to navigate this stressful situation is crucial. Below are the essential steps to take after being falsely accused; from seeing legal counsel to gathering evidence, it’s essential to ensure you are prepared to defend your innocence. Stay calm and remain silent. It is important to remain calm and composed. Panic can lead to mistakes or actions that can worsen the situation. It is helpful to exercise your right to remain silent and request an attorney. Anything you say can be used against you, so it is essential to have legal representation before making any statements. Seek legal help. As soon as possible, meet with a qualified Atlanta criminal defense attorney who has experience handling false accusation cases. They will provide legal advice, represent you in court, and help protect your rights. Gather evidence. If you are able, collect any evidence that supports your innocence. This can include documents, emails, text messages, photographs, security footage, or witness statements. Document everything. By keeping a detailed record of all interactions related to the accusation, including communications with law enforcement, witnesses, and your attorney, you can help in the building of your defense. Follow legal advice and court orders. It is important to follow the legal advice given by your attorney and to comply with any court orders. This shows that you are taking the situation seriously and respecting the legal process. How a Lawyer Can Help A lawyer can be instrumental in helping you navigate the complexities of being falsely accused of a crime, including assault and battery , drug crimes , DUI , domestic violence , homicide , and more. Below is a list of specific ways they can support you: Legal advice . A lawyer can provide reliable advice on your rights and the legal process as a whole so that you are well-prepared for what is next. They can help you to understand the charges against you and the potential consequences of these charges. Evidence review and investigation. Your lawyer will review all evidence presented by the prosecution, looking for inconsistencies, procedural errors, or violations of your rights. They can challenge the admissibility of certain evidence if it was improperly obtained. Your lawyer will conduct an investigation that gathers evidence, interviews witnesses, and consults experts to build a strong defense on your behalf. Building a defense strategy. Your lawyer will develop a comprehensive defense strategy that is tailored to your case. This can include presenting an alibi, disproving the prosecution’s evidence, or showing that the accusations are unfounded. Representation. Your lawyer will represent you in court, during police interviews, and in any legal proceedings. They will advocate on your behalf, ensuring your side of the story is accurately presented and heard. By having the support of a knowledgeable and experienced lawyer , you can significantly improve your chances of a favorable outcome when facing false accusations. FAQs Q: Can You Go to Jail for False Accusations? A: You can potentially go to jail for false accusations in the state, but receiving a false accusation does not automatically mean you will get convicted or sentenced to jail. The legal process aims to seek justice and uncover the truth of a crime or incident and can provide legitimate protections for those falsely accused. If you are falsely accused, it is essential to receive the support of a defense attorney to explain the details of your case and advocate on your behalf in court with the judge and jury. Q: How Do You Defend Yourself When Wrongly Accused? A: How you can defend yourself when you are wrongly accused includes several steps that can protect your rights and help build a strong defense. A first helpful step is to seek legal support from a criminal defense attorney who will partner with you in commencing a detailed investigation into the crime, gather evidence, and support your claim. It is important to collect any evidence that supports your innocence, like emails, text messages, photos, videos, receipts, and other documents that can validate your whereabouts or actions at the time of the alleged crime. Q: How Do You Deal With Being Falsely Accused of a Crime? A: How you can deal with being falsely accused of a crime is first by staying calm and collected. It can be an extremely stressful and challenging experience to face a false accusation, but it is important that you do not panic and instead reach out for help as soon as possible. It is important to avoid discussing the details of your case with anyone other than your legal representative. Anything that you say can be used against you in court. Q: Do I Legally Need a Lawyer if I Have Been Falsely Accused of a Crime? A: You do not legally need a lawyer if you have been falsely accused of a crime. You can represent yourself , but it is highly recommended to receive a consultation from a lawyer. Navigating a false accusation is a daunting situation for anyone, and an experienced lawyer can ensure that your rights are protected and that all necessary efforts are employed to fight for the release of the charge against you. Speak With a Qualified Criminal Defense Lawyer Today Being falsely accused of a crime is a terrifying experience that no one should have to endure. However, if you find yourself in this situation, the right approach and professional guidance give you the tools to navigate this challenging time well. At The Law Office of Delisa Williams PC , we are committed to ensuring that justice prevails and that the truth comes to light. Reach out today to set up a consultation and learn how we can partner with you at this time. See Related Posts: Georgia Gun Laws and Penalties Eligibility for Record Restriction in Atlanta

If you commit a crime in Georgia , you may be at risk of having a criminal record, which can negatively impact your ability to obtain housing, a job, or a license. Therefore, it may be worth getting your record expunged so that you can live freely and focus on your future. But, it can be a complicated process that may leave people wondering, how to get a criminal record expunged in Georgia . If you wish to remove a conviction from your permanent record so you can work toward a future with more opportunities, your goals may be reachable if you qualify. What Does It Mean to Expunge or Seal Your Record? If you are accused of committing a crime or caught committing illegal activity in Georgia, you may be arrested. If your arrest is deemed valid, and you are charged with a crime , a record of your arrest and charges will be logged on your permanent criminal record. Record expungement means that your criminal record is sealed or hidden from public view, but it is still visible to judicial officials. If your record gets expunged, you can apply for employment, housing, and any licenses you may seek without your criminal history showing on background checks. In Georgia, there are no distinct procedures for sealing a record or expunging a crime from one’s criminal history; instead, there is only the option of the Record Restrictions Process . When an individual has successfully completed this process and restricted a particular offense from their record, any evidence of the conviction is inaccessible to third parties such as potential employers, landlords, or license boards. However, restricted records may still be viewable to law enforcement agencies as well as government entities. There can be several benefits from restricting or clearing a criminal offense from your permanent record. Doing this can eliminate any obligations or consequences that are contingent upon the conviction, provide the person with more job and career options without fear of stigma, and remove other limitations a conviction brings, among other upsides. Which Crimes Are Eligible for Expungement in GA? The criteria for essentially removing a crime from one’s permanent record can vary from state to state. In Georgia, it’s possible for most arrests and charges to be expunged if the case against you was eventually dismissed, meaning you were not convicted. Some infractions and minor misdemeanor convictions may be eligible for record restriction in Georgia , and a few felonies may also qualify, depending on the circumstances. Misdemeanor convictions that are not eligible for expungement in Georgia include serious traffic crimes such as DUIs , vehicular homicide, and aggressive or reckless driving, along with convictions for domestic violence and sex crimes against a minor. Felonies that are ineligible for restriction include armed robbery, murder, rape, and aggravated sex crimes. Even when an offense may qualify for restriction, it doesn’t mean the defendant themself may qualify for the expungement process. Individuals might qualify for record restriction if the charges against them were dropped/dismissed if the conviction was their first crime and only one, if the crime was a minor offense, if the trial didn’t result in a guilty verdict, or if the person has completed their probation for the crime and has not been convicted for at least four years since. How Likely Is It to Get a Criminal Record Expunged in Georgia? There are some criminal records that are not eligible for expungement, such as those with violent crimes like murder, rape, or armed robbery ; traffic crimes like DUIs and vehicular homicide; or sex crimes like child molestation. However, if your case was dismissed without a conviction or if you committed certain misdemeanors, you may be eligible for expungement. Examples of misdemeanors that may be expunged include: Certain drug charges DUIs that have been dismissed Juvenile crimes Public indecency Felonies that have been pardoned At The Law Office of Delisa Williams PC , we can inform you if your record is likely to be expunged or not. We have an intricate understanding of the legal system, and we have the patience and competence to inform you of your legal options. How to Apply for Expungement in Georgia In order to request that a record of a specific crime be restricted, begin by obtaining a copy of your Criminal Record Report, also called a Georgia Crime Information Center (GCIC) report , which details a comprehensive list of your criminal history. You can usually get a printed copy of this document from your local police department for a small fee. After getting a copy of your criminal record, proceed to file an official expungement/restriction application with the county prosecutor’s office; the office should be in the county in which you were charged with the offense. The prosecutor will typically take a few weeks to review your application before approving it or denying the request for an expungement. If the county prosecutor’s office approves your expungement application, it’ll be passed on to the Georgia Bureau of Investigation (GBI) . The GBI oversees all of the state’s record restriction matters. The bureau will likely charge a small processing fee, and your expungement request will then be finalized and honored.

Georgia’s rich history and vibrant cities can draw tourists and new residents. If you are considering a move or a visit, researching the Georgia crime rate by city may be a helpful first step, as safety is a natural concern for many people. While understanding Georgia’s crime rate can be an important starting point in learning about the state, it is also helpful to remember that statistics do not always accurately represent a place. Georgia’s Crime Statistics Statewide crime in Georgia varies depending on which source or methodology people use. Some sources have Georgia as the 25th state in crime rate rankings. While tallied statistics can offer a general look at crime, significant differences exist between urban and rural areas, making statistics challenging to understand without context. Focusing solely on city-based crime rates can give a misleading picture. Neighborhood-level crime data can provide a more accurate assessment and help you remain safe in a new city. Georgia’s crime rate average is 3,322.76 per 100,000 population, and cities above and below this may look entirely different from each other if you visit. Cities that are viewed as dangerous, such as Atlanta , can sometimes seem safer, depending on where you decide to reside. It is crucial to research specific safety information for areas you are interested in living in or traveling to. Despite this, examining Georgia’s crime data by city can be helpful in some cases, so here is a closer look at the top cities by crime rate in Georgia. Morrow, Clayton County Located south of Atlanta, Morrow has a crime rate higher than the state average at 8,525 per 100,000 population. This city offers visitors and residents a mix of residential and commercial areas. Some neighborhoods have issues with property and violent crime . Austell and Powder Springs, Cobb County Cobb County is a Georgia county located northwest of Atlanta. This area has multiple cities on the top crime rate list, including Austell and Powder Springs. Although their rate is significantly lower than Morrow’s, it is still 5,960 per 100,000 population. Cedartown, Polk County Cedartown in Polk County has a rich history. This city, located northwest of Atlanta, has faced challenges with crime rates that exceed the state average. Analyzing any contributing factors and ongoing efforts to combat crime can put the rate of 5,685 per 100,000 population into context. Hapeville, Fulton County Hapeville is a city south of Atlanta. This growing area contains industrial and residential areas for visitors and residents to explore. Despite the recent development, Hapeville still has crime rates above the state average in places, with a rate of 5,502 per 100,000 population. Assisting With Safety Visiting and living in a place can be entirely different experiences. Many popular tourist destinations seem safe to a high percentage of visitors despite their negative perception of crime in some areas. If you worry about crime in your area, especially if you are choosing to live in Georgia, you can take proactive measures to help you and others feel safer. Here are some steps to promote a safer area in Georgia. Develop Relationships With Neighbors Living in an area alone can feel daunting. Going anywhere can feel unfamiliar and frightening. If you do not know anyone in your neighborhood, feeling safe in or outside your home can be difficult. Whether or not you live somewhere with a perception of high crime, this fear can exist. You can combat this fear and feeling alone by building a sense of community with the people around you. This method can help you feel safer, as many people believe a strong sense of community can deter crime. While building community initially may seem complicated, introducing yourself to neighbors and exchanging information can help develop a relationship where you look out for each other. Learning About Your Neighborhood When possible, daytime strolls can be an ideal way to familiarize yourself with your surroundings. This strategy can help you identify safer areas around where you live, reducing the risk of personal injury caused by hazardous conditions or unfamiliar locations. By finding well-lit streets, recognizable landmarks, and frequently patrolled areas, you can better protect yourself from potential crime. This tip is also useful for avoiding personal injury and staying safe when visiting a new city. Improving Your Home Security Many areas with high crime in Georgia can be high in property crime. Installing a layered security system can help you feel safer while deterring crime. Some specific measures you can implement for a robust system include: Modern, solid window and door locks Working lights or motion-sensing lights A visible outdoor security system These methods can help stop crime before it occurs and keep valuables away from doors and windows. FAQs Q: Which City Has the Highest Crime Rate in Georgia? A: Morrow has the highest crime rate in Georgia. It is located south of Atlanta and is home to Clayton State University. The crime rate is 8,525 per 100,000 population. The area is described as a vibrant mix of rural and urban, and the city is home to the Georgia Archives. Note that even in a city with the highest crime rate, certain crimes, such as the sex crime of rape, were less prevalent than the national average. Q: What Is the Safest City in GA? A: Some sources say Cusseta wins when determining the safest city in Georgia by crime rate. With a crime rate of 49.13 per 100,000 population, this area has the least reported crime. While the low crime rate can look impressive at first glance, it is essential to know that Cusseta has never had 100,000 residents and has 8,157 people as of 2024. Q: Where Does Georgia Rank in Crime? A: Georgia ranks 25th in crime by some metrics compared to other states. As with most statistics, this crime rate can be interpreted in many ways since there is no context, and it does not break down types of crimes or where they were committed. When wondering what a state is like, it can help to look at other aspects besides crime rates. While you are likely to feel unsafe in many areas that seem foreign, getting acquainted with a place can help you feel safer. Q: Is Crime a Problem in Georgia? A: Whether crime is a problem in Georgia is debatable. Georgia is in the middle when it comes to state crime rankings. Some would think this means the state has no crime problem, but crime does still occur at higher rates than average in some locations. It also occurs at lower-than-average rates in others. People who live in high-crime areas may believe that the state has a problem with crime based on their perception of where they live. Examining Georgia Crime Data by City Urban areas can have higher crime rates than rural areas, but the perception of each type of place can be deceiving. Crime rates within cities can be skewed by specific neighborhoods, incorrectly painting an entire city as dangerous. Our Atlanta criminal defense lawyer understand that while cities can be unfairly painted in a certain light, so can people accused of crimes. If you find yourself facing criminal charges, contact The Law Office of Delisa Williams PC today.