Top-Rated Georgia Criminal Lawyers Explain Georgia DUI Laws

People arrested for DUI in GA are usually stopped for a traffic violation. Others have been in a car wreck or happened to drive through a DUI checkpoint.

Most are asked to submit to field sobriety tests, never knowing that these roadside evaluations are 100% voluntary. Plus, they are not scientific tests, and are highly subjective in their reliability. Many field sobriety test websites by human factors experts have shown the high error rates of officers trying to decide who gets arrested.

A DUI in Georgia can result in jail time, fines, license suspension, and create difficulty for some seeking employment, or needing rental housing, or for various aspects of the person’s credit rating. Hiring a seasoned, successful Georgia DUI lawyer (who is a co-author of a 1400 page book on DUI laws in GA) is crucial for the best outcome due to the potential serious criminal law consequences of a driving under the influence (DUI) charge.

Two separate kinds of legal repercussions exist if arrested for violating DUI laws in GA:

(1) An administrative license suspension under the GA implied consent law, which has a deadline of 30 days (after the date of your arrest) for your DUI lawyer to assist you to take the ignition interlock device option if eligible under O.C.G.A. 40-5-64.1, or to file an appeal with the Georgia DDS (the official name of the state agency is Georgia Department of Driver Services) pending the implied consent suspension of your Georgia license for a full year (with no limited permit being available).

(2) In addition, the criminal law case for which the State of Georgia seeks a DUI conviction carries the most impactful punishments in their mandatory DUI penalties, but only if convicted of the drunk driving charge. GA DUI laws are explained more fully below by our criminal attorneys near me in Georgia.

Georgia drunk driving laws (even for a DUI first offense Georgia) are highly punitive. The mandated 1st offense DUI penalties under OCGA 40-6-391 are:

a. Serving 12 months of mandatory probation minus any days of jail time served (24 hours in jail is usually the statutory minimum).

b. Paying fines and surcharges, having to take the 20-hour risk reduction program to ever be allowed to drive in GA again.

c. Perform not fewer than 40 hours of community service.

d. Stay on probation for the full 120 months and pay probation supervision fees of approximately $50 per month.

e. An immediate criminal law driver license suspension for 12 months, (subject to most drivers who took the State’s post arrest forensic test on a first offence DUI being allowed to get a limited driving permit).

f. This DUI conviction will remain on that driver’s permanent record for LIFE, and cannot be expunged.

Many potential clients want to know: How long does a DUI stay on your record in GA? Even if it is a conviction of a first offense DUI in GA, that record lasts FOREVER, and cannot be restricted or expunged.

This is because the Georgia Legislature made all punishments MANDATORY, and a judge cannot waive or excuse any of the various driving while intoxicated sanctions. Some national “ratings” websites have ranked DUI Georgia law among the nation’s toughest and least flexible, if convicted.

But, if your criminal lawyer Atlanta Georgia is skilled enough to get your case reduced or dismissed, then you dodge the harsh Georgia DUI penalties.

How a DUI Arrest in Georgia Triggers an Immediate License Suspension

What happens if you refuse a breathalyzer in Georgia? In every Georgia DUI arrest, immediately after the cuffs are placed on the person’s wrists, the officer READS a green card to that arrested DUI driver. If that driver does not say “yes” to the requested post arrest test (via an Intoxilyzer 9000 breath alcohol test or a blood test), this triggers an immediate driver license suspension.

If a driver is accused of a DUI, they may face an administrative suspension of their Georgia driver’s license. This civil law-based legal action authorized by the Georgia implied consent law means that BEFORE your criminal case really gets started, you can lose ALL ABILITY TO DRIVE in Georgia.

How the DUI criminal case and can impact your driving privileges even before your criminal DUI matter is settled. Don’t think that you can wait for the outcome of the criminal case, which can take a year or more to resolve. Your misdemeanor criminal charges are distinct and separate from this administrative law case, which requires immediate attention.

After the day of your arrest for DUI, a 30-day window exists for that driver to appeal the immediate suspension of his or her driver’s license. If your plastic license was taken and NOT returned to you after your DUI arrest, you should have a paper license form called a “DDS 1205.”

This form advises you that you can either opt for a Georgia DDS hearing (also known as the Administrative License Hearing or ALS) or (if eligible) can choose to install an ignition interlock device in ONE vehicle for a full 12 months.

If neither of these actions are taken within the 30-day period, your driver license will be suspended for a full year, beginning on the 46th day after the date of your arrest. This is commonly referred to by DUI attorneys in the Peach State as “the 30-day letter. ”

Violating DUI Laws in Georgia: Repeat Offenses Bring Harsh Penalties

The ALS hearing is distinct from the DUI case. The harshest penalties for a first DUI conviction could be a fine not exceeding $1,000, a year in prison, or both. The most lenient penalties are a day in jail and a fine of $300.00, plus surcharges.

Additional mandatory penalties are 40 hours of community service and serving a year of supervised probation. To get the full license reinstated, DUI Alcohol or Drug Use Course will be required, plus possibly an assessment for substance abuse.

Should this be your second DUI in ten years, the penalties are harsher. At a minimum, you can anticipate 72 hours of incarceration, a minimum penalty of $600, 240 hours of community work, a year on probation, DUI schooling, and a substance misuse evaluation. The most severe punishment could involve a fine of over $1,000 and a prison sentence of up to a year.

If you get a third DUI or more within a decade, it escalates to a severe misdemeanor. The minimum incarceration penalty rises to 15 days imprisonment, a minimum $1,000 penalty (up to $5000.00), 240 hours of community service, DUI education, a year of probation, a substance abuse assessment, and any additional requirements the judge imposes. In Georgia, the maximum incarceration punishment for a third DUI within a decade can be up to one year in jail.

A 4th DUI within 10 years is now a felony in the state of GA. Up to 5 years in state prison is possible. Total revocation of your license is mandatory. Community service hours jump to 480 minimum hours. See this related page for Mr. Head’s GA DUI penalties chart.

Call a DUI Lawyer Near Me for a FREE Consultation

Now you know what you are facing. Call us for a no-cost initial law consultation. You’ll be talking with a PARTNER, who is co-author of Georgia’s highest-rated DUI Law Book. Dial 404-567-5515, 24 hours a day to learn possible ways to win your DUI case.