Georgia DUI Laws & Lawyers
by Joshua Dale
The song ‘Georgia On My Mind’ will take on more meaning than simple lyrics if you get busted here. Georgia will not only be on your mind, but also inside your pocket book and your life.
In Georgia, it is a criminal offense to operate a vehicle when a driver’s ability has been compromised or impaired by using alcohol or drugs, whether legal or illegal, or if the driver is inebriated above regulated allowances ( 0.08% blood-alcohol concentration (BAC). This goes for drugs including over-the-counter medications, and prescription medicines. In Georgia if a driver is suspected of being under the influence of drugs or alcohol, a chemical test, such as breath, blood, or urine is vital (implied consent?). Reject the test and the court will reject your driving privileges.
There are two kinds of violations "less safe" and "per se" the same as "unlawful level". If you are charged as a "less safe" driver it will have to be proven that you are under the influence of alcohol, drugs or a combination of same to the extent that you are “less safe” to drive as a result. Evidence might entail an officer testifying as to any odor of alcohol, bloodshot or glassy eyes, unsteady balance, slurred speech, or by any manner of unsafe driving.
To be charged as a "per se" violation, it doesn’t have to be proven that you were a less than safe driver, but that you have an unlawful blood alcohol level or any amount of drugs in your blood. While .08% is the legal limit for a DUI, at just .05%, if an officer can establish you were operating your motor vehicle unsafely. Furthermore, if you test between 0.05% and 0.08%, in the eyes of the courts it’s assumed that you are legally impaired. It is illegal for drivers 21 to have even .02% BAC.
If you haven’t been drinking or you believe that you might have ingested alcohol from a ‘benign source’ (mouthwash) or drugs (such as antihistamines or other over the counter drugs) be aware that you can still arrested for driving in an impaired or unsafe manner. Even if you are not ‘legally drunk’ under the states ‘per se’ BAC law (the law that states that you are officially impaired with a BAC of .08%) you are still at risk. So it’s imperative for you to ask for an attorney in some circumstances.
If you were operating a commercial vehicle when you were stopped and your blood alcohol level is 0.04%, you are also in violation of the DUI statute.
If the person is accused of being DUI/DUID by multiple “substances” (alcohol in one count and drugs in another count), you can be convicted on both and two sentences can be imposed.
Georgia also defines a ‘toxic vapor’ DUI as being unsafe or impaired via common substances such as paint thinner, lacquer, varnish, etc. This type of intoxication requires proof of ‘knowing intent’ to inhale. Therefore, occupational intoxication may result in prosecution for DUI. However, a blood test is the only approved type of implied-consent test presently available to analyze their toxic effect.
First Offense Within a Five Year Period
• Persons who have not had a previous DUI arrest within 5 years (resulting in a conviction, guilty plea or a nolo contendere plea) are considered to be first offenders.
- Georgia law requires out-of-state convictions to be considered as prior convictions.
- $300 to $1000 in fines plus any state statutory surcharges (typically 15-25%).
- 10 days to 12 months in jail. All except for 24 hours may be suspended, stayed or probated.
- The law requires a minimum of 40 hours of community service.
- if you decline sobriety field or chemical tests your license may be suspended..
• An “ignition interlock device” (a breath-testing machine that registers BAC at .02%) may be attached to your car.
• your license will be suspended for one year. You will be able to get your license back at the end of 120* days if you have completed an alcohol/drug risk reduction course (DUI school) and paid the appropriate reinstatement fee. During those 120 days, you will be able to get a limited driving permit.
• If you are convicted of a DUI charge that involves drugs, your driver's license will be suspended for one year, and you will not be able to get it reinstated for six months. No limited driving permit is allowed.
• A 20 hour Risk Reduction Program mandatory alcohol education and possibly treatment and/or assessment will be required.
• Probation: 12 months probation, less any days of actual incarceration, if the defendant is sentenced to less than 12 months imprisonment.
Second Offense Within a Five Year Period
- $600-$1000 fine plus any statutory surcharges (20% to 30% to the fine amount).
• 90 days to 12 months in jail. All except 3 days of which may be suspended, stayed, or probated. Your attorney can deal for home detention, work release and other alternatives to jail time.
- 30 days minimum community service.
- 3 year suspension for second DUI conviction.
• No driver's license reinstated for a period of 18 months. The first 12 months is a ‘hard suspension’ with no limited permit or hardship license. Afterwards an ignition interlock limited permit is required for 6 months.
• After 18 months persons may attend a DUI Risk Reduction Program and pay a reinstatement fee to obtain their license reinstated after 18 months.
• Every repeat offender undergoes a clinical evaluation and must follow all treatment recommendations. Also must participate in a 20-hour Risk Reduction program approved by the Department of Human Resources
• An ignition interlock device must be installed on all vehicles registered to the offender at driver’s expense. Department of Public Safety of exemptions available for multiple vehicles due to hardship.
• License plate confiscation requires the court to confiscate all license plates for vehicles in the offender’s name. Limited provisions exist for a co-owner or family member to seek use via special hardship DUI tag.
• Offender’s photo, along with info on arrest, published in the local newspaper for which driver pays a fee.
Third Offense Within A Five Year Period
• $1000-$5000 fine, plus statutory surcharges. Your attorney may make plea for diminished fees via “hardship” circumstances.
- 120 days to 12 months in jail. All but 15 days of which may be suspended, stayed or probated.
- 12 months probation minus any jail time.
- 30 days of community service.
- Habitual Violators revoked for five years.
• After 2 years probationary license available with completion of DUI school, assessment, counseling, and mandatory ignition interlock device installed in your car for at least six months. Interlock permit granted after evaluation and completion of all treatment recommendations.
• Offenders who attend a DUI Risk Reduction Program and pay a reinstatement fee may and get their license reinstated after 60 months
- Mandatory license plates confiscation of all motor vehicles registered to the offender.
• Once the offender obtains either a probationary license or full reinstatement, license plates can be reissued for the offender's vehicles. Special hardship plates are available for co-owners or family members.
• Offender’s photo, along with info on arrest, published in the local newspaper for which driver pays a fee.
4th Offense
• Upon a fourth conviction within five years, habitual violators caught driving any vehicle --- drunk or not --- can have their motor vehicle seized, forfeited and sold by the state (forfeited).
• This would likely be charged as a felony offense which can encompass all the above, plus far much harsher sanctions.
Underage Age Possession of alcohol
• In the case of juveniles, the number and severity of the penalties can be mitigated by the drawing on the skill and experience of a DUI attorney.
• An Open Container of Alcoholic Beverage is deemed in the possession of the driver (under the age of 21) if it is not locked outside of the passenger compartment (trunk/glove compartment)?.
• Possession even if not driving. Up to 180-day drivers’ license suspension, mandatory Risk Reduction Program for Juveniles in possession of alcohol. No work permit is available and no early reinstatement.
- Up to 6 months jail time.
- Up to $300 fine.
• Up to 3 years probation in order for the offender to undergo a comprehensive alcohol rehabilitation program.
- Failure to complete the program is punishable by a $300 fine, 20 days in jail, or both.
• A special statue allows for a possible “conditional discharge” upon completion of a court-ordered plan of fines, community service and possible drug and alcohol counseling. if the program is completed without new violations occurring, no “conviction” will appear on the person’s record.
- 20 hours of community service.
• Anyone under 16 years of age shall have the privilege to apply for a driver’s license or learner’s permit suspended until 17.
- Mandatory Risk Reduction Program or court approved juvenile program attendance and fees.
Juveniles Under Age of 16 Second Possession Offense
• Including the above, anyone under 16 years of age shall have his privilege to apply for a driver’s license or learner’s permit suspended until the child is 18 years old. Mandatory the Risk Reduction or court approved juvenile program attendance and pay reinstatement fees.
• A license may be revoked for either 6 months (if BCA is 0.08 blood alcohol level or lower) or 12 months (0.08 or higher) and no limited permit is allowed.
Juveniles -- 1st DUI Offense
- Up to 6 months jail time.
- $300 fine
• Up to 3 years probation in order for the offender to undergo a mandatory comprehensive alcohol rehabilitation/ Risk Reduction Program.
• Failure to complete the program is punishable by a $300 fine, 20 days in jail, or both. A special statue allows for a possible “conditional discharge” upon completion of a court-ordered plan of fines, community service and possible drug and alcohol counseling. if the program is completed without new violations occurring, no “conviction” will appear on the person’s record.
• If you purchase alcohol, misrepresent your age to obtain alcohol, or use a fake ID to obtain alcohol, your driver's license will be suspended for six months.
• 6 months suspension of driver's license if blood alcohol level is below .08%. 1 year if blood alcohol level is .08% or higher.
no limited or ‘work’ permit and no early reinstatement during the term of suspension.
20 hours of community service.
• Anyone under 16 years of age shall have the privilege to apply for a driver’s license or learner’s permit suspended until 17. Attend mandatory Risk Reduction Program or court approved juvenile program and pay fees.
• A "revocation" differs from a "suspension" in that a revocation totally voids all driving privileges plus totally eradicates a Georgia license and a person must start over with the entire Georgia driver’s license process.
Juveniles Under age of 16 – 2nd DUI Offense
• In addition to the penalties listed above other second offense DUI include a child under 16 years of age shall have privileges to apply for and be issued a driver’s license or learner’s permit suspended until 18 years old.
- Mandatory attendance of Risk Reduction Program or court approved juvenile program and pay fees.
• Purchase alcohol, misrepresent age to obtain alcohol, or using a fake ID to obtain alcohol, and your driver's license will be suspended for 1 year.
Can my record be expunged?
• No. And asking for a Pardon has only occurred once in history. Fight your case.
Can I Plea Bargain?
You cannot organize a plea bargain without an attorney. A plea bargain means that you agree to plead guilty to some lesser charge than DUI and your attorney and prosecutor will mitigated the penalties. Adept counsel often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. While the plea bargain is extremely advantageous to anyone accused of DUI, but remember a conviction to any lesser crimes will still count as a prior for calculating the mandatory minimums for future offenses.
When considering consulting an attorney, take into account all the above plus the possible increased insurance cost (or cancellation of coverage), inability to rent cars, restrictions on travel to other countries, loss of security clearance, job barriers, possible loss of professional credentials or certifications, etc.
A DUI Conviction is Forever
A criminal DUI conviction, or plea of "guilty" or nolo contendere, will be a permanent part of your driving and criminal ‘record’. It does not automatically disappear from your record after 5 years. A conviction, guilty plea or nolo plea is reported to the Georgia Department of Public Safety which reports it to the National Driver’s License Registry. These computer records are accessible to driver’s licensing agencies nationwide. This is why getting a DUI lawyer can be vital to persons charged with this offense.
I’m Simply Going to Plead Guilty, Why Do I Need a Lawyer?
Experienced and skilled legal counsel may be able to help mitigate your problems by minimizing your legal problems and maximizing your defenses. A DUI conviction can reflect on credit ratings, job opportunities, insurance premiums and in other ways you might not be aware of. A DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
Should I Retain An Attorney for My DUI Charge?
DIU convictions and penalties can be long lasting and severe, both in court and with the Department of Public Safety which regulates your driving privileges. These penalties and the numerous and complicated laws relating to motor vehicles and DUI charges should be taken very seriously. It is will next to almost impossible to beat or mitigate a DUI charge without an experienced lawyer.
What’s An Attorney Going To Cost?
One of the biggest concerns for people charged with DUI is what a lawyer will cost. As cases vary, so does cost. Most people don’t realize that money spent now on a skillful DUI attorney might save them thousands in the years to come. Jobs, credit ratings, insurance cots, credit ratings can all be impacted by a criminal record.
What are statutory assessments?
Addition court costs, depending on the penal or vehicle code violated.
Note to Non-Resident drivers
Any non-resident driver’s home state driver’s license agency will receive a notice from the Georgia Department of Public Safety if any Georgia convictions. Much of the time these convictions will result in suspensions to happen in the non-resident’s home state. However an administrative (non criminal) license suspension will not necessarily cause a suspension of privileges in the non-resident driver’s home state.
What Does the Five-Year "Look-back" Period Relate to?
This "look-back" period has nothing to do with how long a DUI remains on your record, only in deciding the extent to which a repeat offender should be punished. Georgia law requires out-of-state convictions to be considered as prior convictions.
The sentencing court has broad powers as whether to grant probation, rather than require jail time. Furthermore, if probation is granted in lieu of jail time, the conditions of probation can be extremely restrictive. Moreover, monthly supervision fees are charged. Georgia law requires that the balance of 12 months of probation, deducting for any jail time, be imposed on every DUI conviction.
What is a "Nolo Contendere" plea?
• In legal terms it serves as an alternative to a pleading of guilty or not guilty. Wile not technically a guilty plea, it the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain.
• No person who has had a prior nolo contendere or guilty plea or verdict within the five-year "look-back" period is eligible to receive the benefits of another.
• It is unavailable for persons arrested who take a state test and have a result higher than 0.15% BAC, those who refuse a test, and drivers under age 21.
- A nolo contendere plea will not ‘rescue’ a Georgia (or an out of state) license.
- A judge decides whether a nolo plea will be accepted.
What if I Refused to Take a Breath, Blood or Urine Test?
Georgia has an administrative penalty – not fines or jail time -- for any driver who refuses to take the chemical sobriety test. A driver’s license or privileges (for those out of state) can be suspended for a period of 1 year. A request for a hearing within 10 business days after the alleged refusal will be granted. Failure to “appeal” (or to appear at the hearing) the suspension within 10 business days will result in the suspension.
Is it Important to Take Advantage of an Administrative Hearing?
It can be critical to a defendant’s case. You attorney will to cross-examine the arresting officer under oath, so that important issues can be reviewed and challenged. This can be a great value in investigating your criminal case.
The administrative case is handled before an administrative law judge. If you testify this can be good experience be good practice for you if you during a criminal trial.
– Disclaimer –
Only educated and licensed professionals should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional.
– Citations –
O.C.G.A. 40-5-55: Implied consent to chemical tests.
O.C.G.A. 40-5-57.1: Revocation of licenses of persons under age 21 for certain offenses; issuance of new license following revocation.
O.C.G.A. 40-5-67: Seizure and disposition of driver's license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases.
O.C.G.A. 40-5-67.1: Chemical tests; implied consent notices; rights of motorists; test results; refusal to submit; suspension or denial; hearing and review.
O.C.G.A. 40-5-67.2: Terms and conditions for suspension of license under subsectionof Code Section 67.1.
O.C.G.A. 40-5-75: Suspension of licenses by operation of law for conviction of possession, distribution, manufacture, cultivation, sale or transfer of controlled substances or marijuana; or driving under the influence of the substance.
O.C.G.A. 40-6-391: Addresses driving under the influence of alcohol, drugs or other intoxicating substances; penalties for first, second and subsequent convictions; child endangerment.
O.C.G.A. 40-6-391.1: Nolo contendere please; requirement to attend an alcohol and drug course.
O.C.G.A. 40-6-391.2: Seizure and forfeiture of a motor vehicle operated by habitual offender.
O.C.G.A. 40-6-391.3: Penalty for conviction for driving under the influence of alcohol or drugs while driving a school bus.
O.C.G.A. 40-6-392: Chemical tests for alcohol or drugs in blood.
O.C.G.A. 40-6-393: Homicide by vehicle.
O.C.G.A. 40-6-393.1: Feticide by vehicle.
O.C.G.A. 40-6-394: Serious injury by vehicle.
Georgia Department of Motor Vehicle Safety
Post Office Box 80447
Conyers, GA 30013
http://www.dds.ga.gov/DUI/
Unverified Other Research
Georgia DUI Penalties
First Offense
$300-1,000 fine
10 days-1 year in jail
One-year probation, less time served in jail
One-year driver's license suspension
Minimum 40 hours of community service
Completion of alcohol/drugs & driving class
Second Offense (within 10 years)
$600-1,000 fine
90 days-1 year in jail
1-year probation, less jail time
3-year driver's license suspension
Minimum 30 days of community service
Completion of alcohol/drug use risk reduction program
Third Offense (within 10 years)
$1,000-5,000 in fines
120 days-12 months in jail
Minimum 30 days community service
Completion of alcohol/drug use risk reduction program
12 months probation
Fourth Offense (within 10 years)
$1,000-5,000 in fines
1-5 years in jail
Minimum 60 days community service
Completion of alcohol/drug use risk reduction program
5 years probation
Penalties for Breathalyzer Refusal
One-year license suspension
