Atlanta DUI Lawyer

Attorney John Rutkowski has a unique advantage when it comes to defending his clients charged with DUI. Prior to becoming a criminal defense attorney, Mr. Rutkowski spent twelve years as a deputy sheriff. During his time as a sheriff, he served two years as a member of the DUI squad, where he received training in the Scandalized Field Sobriety Test and the Intoxilyzer 5000. In addition, Attorney Rutkowski made several hundred DUI arrests, and testified on behalf of the state on many occasions. Furthermore, before focusing his practice on defense, he worked as a prosecutor where he tried several DUI cases. These experiences have given Mr. Rutkowski a unique perspective of the DUI process, and have greatly enhanced his experience and ability as a DUI defense attorney. If you have been arrested on DUI charges, there is no other DUI attorney in the Atlanta area that is better equipped to handle your case.

Georgia DUI Laws

If you are caught driving a motor vehicle while under the influence of drugs or alcohol, you will be arrested and booked on DUI charges.

• Under Georgia law, you are considered too drunk to operate a vehicle when your blood alcohol content level (BAC) meets or exceeds .08%.
• If you are under the age of 21, you are not permitted to operate a vehicle if your BAC meets or exceeds .02%. 
• If you are a commercial truck driver, you are not permitted to operate a commercial vehicle if your BAC meets or exceeds .04%.
• You will be arrested and booked on DUI charges if you drive under the influence of any illegal drug, prescription drug, glue, aerosol, or other toxic vapor to the extent that it is no longer safe for you to drive. Even if the drug you took is legal, you can still be arrested if it has impaired your ability to safely operate a vehicle.

10 Day Rule

If you have been arrested for a DUI, you have 10 business days from the date of your DUI arrest to properly request an Administrative License Suspension Hearing from the Georgia Department of Driver Services. This is a separate court date from the court date you may have received on your citations.

Georgia DUI Penalties

First DUI within 10 years

• $300.00 to $1,000.00 fine plus statutory surcharges and probation fees
• 10 Days to 1 Year in Jail all but 24 hours may be served on probation
• DUI School known in Georgia as the Risk Reduction School
• 40 Hours of Community Service if over 21
• 20 Hours of Commuinty Service if under 21
• Clinical evaluation for substance abuse and treatment if needed
• 1 Year Probation
• 1 Year License Suspension if breat test was not refused and over 21 and upon completion of DUI school may apply for a limited drivers licenses that is valid for 120 days. After 120 days may have full license reinstated
• Under 21 and BAC of .08% or more 1 year hard suspension, no limited drivers license.
• Under 21 and BAC under .08% 6 month suspension with no limited drivers license

Second DUI within 10 years

• $600.00 to $1,000.00 fine plus statutory surcharges and probation fees
• 90 Days to 1 Year in Jail all but 72 hours may be served on probation
• DUI School known in Georgia as the Risk Reduction School
• 30 Days of Community Service (240 hours to 250 hours)
• Mandatory Alcohol Evaluation and/or Treatment
• License plate confiscation all licenses plates registered to the offender are confiscated by the court and reissued after a limited drivers license or full reinstatement is issued (there is a possible hardship exception)
• Photo and disposition published in the county legal newspaper
• Up to 1 Year Probation
• Suspension of drivers licenses all drivers 3 Years, with no limited license for 12 months for Georiga residence
• Under 21 possible reinstatement after 18 months and completion of the DUI School and clinical evaluation
• 21 and over drivers may apply for 6 month ignition interlock after 12 months, if authorized by court order
• Clinical Evaluation mandatory minimum 17 week treatment program in order for Georgia Licensee to be eligable of a limited drivers license
• Ignition Interlock Device required for eligbility for a limited drivers license after 12 months for drivers 21 and over, if court ordered

Third DUI within 10 years (declared a habitual violator)

• $1,000.00 to $5,000.00 plus statutory surcharges and probation fees
• 120 days to 12 to months in Jail all but 15 days may be served on probation
• 30 Days Community Service (240 hours to 250 hours)
• Alcohol Evaluation and/or Treatment
• Up to 1 Year Probation minus any jail time served
• Photo and disposition published in the county legal newspaper
• License plate confiscation all licenses plates registered to the offender are confiscated by the court and reissued after a limited drivers license or full reinstatement is issued (there is a possible hardship exception)
• All drivers 5 Year License Revocation with no limited license for 24 months for Georgia residence
• Under 21 no limited or full drivers licnese for full 30 months for Georgia residence
• 21 and over drivers possible probationary license for Georgia licensees after 24 months if DUI School and clinical evalution and required treatment completed, liability insurance proven, and interlock installed for 6 months
• Ignition Interlock Device

Fourth DUI within 10 years FELONY if all four arrest occured after July 1, 2008

• 1 to 5 years in jail of which all but 90 days may be served on probation
• 12 to 60 months probation minus any jail time served
• $1,000.00 to $5,000.00 fine plus surcharges and probation fees
• Possible seizure and forfeiture of motor vehicle if already declared a habitual violator for 3 prior DUI convictions and convicted for new DUI
• All other requirments stated above

Contact Atlanta DUI Attorney

Because of his experience as both a state prosecutor and sheriff on the DUI squad, Attorney Rutkowski has an in-depth knowledge of the Atlanta metro area court systems, and knows effective defense strategies for handling your case. Mr. Rutkowski will challenge the accuracy of any field sobriety tests or chemical tests you may have taken, and negotiate to get your charges reduced or dismissed in court.

Contact the law office of Atlanta DUI attorney John Rutkowski to schedule your consultation at ((866) 517-0007.