McIlhinney & Sessions - DUI Law

Home
Practice Areas
Firm Overview
Attorney Profiles
Cases and Results
Contact Us
 
GA DUI Charges
GA Traffic Violations
Under 21 Defendants
Missed Court Dates
Out-of-State Drivers
Commercial Drivers
Drug Charges
Definitions of Terms
FAQs

Contact Us
678.387.6920
Your Name:
Your Phone Number:
Your E-Mail:
Court:
Court Date:
Citation or Arrest Date:
Case Description:
News

If you are charged with a DUI, you must act within 10 days from the date of your arrest in order to keep you driving license from being suspended or revoked.  You must request a hearing within 10 days or your license may be suspended for up to 1 year.

 

UNDER 21 – COMMON ALCOHOL-RELATED CHARGES (EXCLUDING DUI) 

PURCHASING AN ALCOHOLIC BEVERAGE  
BY A PERSON UNDER THE AGE OF 21
 
(Applicable Georgia laws: O.C.G.A. §§ 3-3-23(a)(2)(B); 40-5-57.1)  
 
If you are under 21 years of age and you are charged with purchasing an alcoholic beverage, upon conviction you will face the following drivers license penalties:  

    • First Conviction – You will face a 6-month license suspension and there is NO LIMITED DRIVING PERMIT privilege during the period of suspension. SPECIAL NOTE: A plea of NOLO CONTENDERE will be treated as a CONVICTION AND WILL CAUSE YOUR LICENSE TO BE SUSPENDED
       
    • Second Conviction – You will face a 12-month license suspension and there is NO LIMITED DRIVING PERMIT privilege during the period of suspension. SPECIAL NOTE: A plea of NOLO CONTENDERE will be treated as a CONVICTION AND WILL CAUSE YOUR LICENSE TO BE SUSPENDED.

ATTEMPTING TO PURCHASE AN ALCOHOLIC BEVERAGE  
BY A PERSON UNDER THE AGE OF 21
 
(Applicable Georgia laws: O.C.G.A. §§ 3-3-23.1(b)(3); 40-5-63)  
 
If you are under 21 years of age and you are charged with attempting to purchase an alcoholic beverage, upon conviction you will face the following drivers license penalties:  

    • First Conviction – You will face a 6-month license suspension and there is NO LIMITED DRIVING PERMIT privilege during the period of suspension. SPECIAL NOTE: A plea of NOLO CONTENDERE may be accepted in the Court’s discretion, and this plea will not cause a license suspension.   
       
    • Second Conviction – You will face a 12-month license suspension and there is NO LIMITED DRIVING PERMIT privilege during the period of suspension. SPECIAL NOTE: A plea of NOLO CONTENDERE will be treated as a CONVICTION AND WILL CAUSE YOUR LICENSE TO BE SUSPENDED.

POSSESSION OF AN ALCOHOLIC BEVERAGE BY A PERSON UNDER 21 YEARS OF AGE WHILE OPERATING A MOTOR VEHICLE (Applicable Georgia laws: O.C.G.A. §40-5-63(e)) 

If you are under 21 years of age and you are charged with possessing an alcoholic beverage while operating a motor vehicle, upon conviction you will face the following driver’s license penalties:  

    • Upon conviction of this charge, you will face a 120-day license suspension and there is NO LIMITED DRIVING PERMIT privilege during the period of suspension. SPECIAL NOTE: A plea of NOLO CONTENDERE may be accepted in the Court’s discretion, and this plea will not cause a license suspension.

POSSESSION OF AN ALCOHOLIC BEVERAGE BY A PERSON UNDER 21 YEARS OF AGE (Applicable Georgia laws: O.C.G.A. §§ 3-3-23(a)(2); 3-3-23.1(f))  
 
If you are under 21 years of age and you are charged with possessing an alcoholic beverage, upon conviction you will face the following drivers license penalties IF THE OFFENSE IS REPORTED TO THE DEPARTMENT OF DRIVER SERVICES:  

    • Upon conviction of this charge, you will face a 120-day license suspension and there is NO LIMITED DRIVING PERMIT privilege during the period of suspension. SPECIAL NOTE: A plea of NOLO CONTENDERE may be accepted in the Court’s discretion, and this plea will not cause a license suspension. 
       
    • If you are under 21 years of age and you are charged with possessing an alcoholic beverage and you were not operating a motor vehicle at the time of the offense, the offense should not be reported to the Department of Driver Services and, therefore, should not result in a license suspension.  However, if the charge is reported to the Department of Driver Services, the Department will presume that the offense was committed while in the operation of a motor vehicle and will suspend your license. 

MISREPRESENTING AGE OR IDENTITY TO OBTAIN ALCOHOL,  
OR USING FALSE IDENTIFICATION TO PURCHASE ALCOHOL
 
(Applicable Georgia laws: O.C.G.A. §§ 3-3-23(a)(3), 3-3-23(a)(5), and 40-5-57.1)  
 
If you are misrepresenting your age or identity to obtain alcohol, or using false identification to purchase alcohol, upon conviction you will face the following drivers license penalties:  

    • First Conviction – You will face a 6-month license suspension and there is NO LIMITED DRIVING PERMIT privilege during the period of suspension. SPECIAL NOTE: A plea of NOLO CONTENDERE will be treated as a CONVICTION AND WILL CAUSE YOUR LICENSE TO BE SUSPENDED
       
    • Second Conviction – You will face a 12-month license suspension and there is NO LIMITED DRIVING PERMIT privilege during the period of suspension. SPECIAL NOTE: A plea of NOLO CONTENDERE will be treated as a CONVICTION AND WILL CAUSE YOUR LICENSE TO BE SUSPENDED.

If you are under the age of 21 and face a DUI charge, you face a charge that could and, most likely will, affect you well into the immediate future.  Beyond the driver's license consequences discussed above, you face the potential of very harsh financial penalties (such as increased insurance rates, lower credit ratings, and loss of employment opportunities).

Contact our office today to schedule a FREE IN-PERSON CONSULTATION to discuss your case and how we can defend you against these charges. 

 

Site by: Alnic Design

McIlhinney & Sessions, LLC
DUI, Traffic Offense, and Criminal Defense Trial Lawyers
4036 Wetherburn Way, Suite A
Norcross, Georgia 30092
Telephone: 678.387.6920
Fax: 678.387.6926

Serving Clients in: Acworth Alpharetta Belvedere Park Buckhead Buford Candler-McAfee Canton Carrollton Cartersville College Park Conyers Covington Decatur Douglasville Druid Hills Duluth Dunwoody East Point Fayetteville Flowery Branch Forest Park Gainesville Greenville Griffin Johns Creek Kennesaw Lawrenceville Lilburn Mableton Marietta McDonough Milton Monroe Mountain Park Newnan North Atlanta North Decatur North Druid Hills Panthersville Peachtree City Powder Springs Redan Riverdale Roswell Sandy Springs Smyrna Snellville Stockbridge Sugar Hill Suwanee Tucker Union City Winder Woodstock

Disclaimer – This website is a public resource of general information concerning our law firm. It is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. The website is not intended to be a source of legal advice. Links on this website are not intended to be referrals or endorsements of the linked entities. The lawyers identified on the website are licensed to practice law in the State of Georgia and nowhere else. Our firm does not intend to represent anyone desiring representation in a state where this website fails to comply with all laws and ethical rules of that state. No recipient of content from this site, client, whether current or otherwise, should act or refrain from acting based on information at this site. We expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site. Note: Nothing in this website creates or establishes an attorney-client relationship.