Georgia DUI – License Consequences
Every driver convicted of Driving Under the Influence (DUI) in Georgia is subject to a suspension of driving privileges. How long and under what conditions depends on your age, the type of license you possess, whether or not you have been convicted of DUI before (and if so, how many times), and the particulars of your DUI arrest.
In many instances, drivers charged with Driving Under the Influence not only face suspension of their license based on any criminal conviction that may occur, but also administratively, as a result of an administrative license suspension hearing (discussed in more detail below).
Administrative License Suspension and 10-Day Rule:
If you are charged with DUI Per Se, or refuse to take the State administered chemical test of your blood, breath, or urine upon request by a police officer (because of the consequences defined by the Implied Consent laws in Georgia), the officer is required by law to submit paperwork to the Department of Public Safety that petitions for license to be suspended administratively. This paperwork initiates an administrative license suspension (ALS) hearing which is run by OSAH, the Office of State Administrative Hearings. This proceeding is separate and distinct from the criminal charges you face upon arrest, but also subjects you to license suspension.
Keep in mind: You are not automatically guaranteed this hearing. In fact, you only have 10 DAYS from the date of your arrest to request an administrative hearing, and if you do not, your license will be administratively suspended as a matter of law after thirty (30) days.
If you refuse to submit to chemical testing, fail to request a hearing in a timely manner, and your license is suspended administratively, it does not matter if you ultimately take your case to trial and win, or plead or are found guilty of an offense other than DUI (such as Reckless Driving)…your license will be suspended for one (1) to five (5) years, depending on your criminal record, and you will not be eligible for any limited hardship driving permits.
First DUI:
If you submit to the chemical testing of your blood, breath or urine as requested by the police officer upon arrest for your first DUI, and request an administrative hearing within 10 days but lose the hearing, you are eligible for a limited permit to drive for work, and based on the completion of certain conditions, potential early reinstatement of your driving privileges. The same is true if you submit to chemical testing but do not request an administrative hearing in a timely manner.
Second and Subsequent DUIs:
If you do not request an administrative hearing in a timely manner, or you do request the hearing in a timely manner but lose, you are not eligible for any limited hardship permits to drive. Depending on how many DUI convictions you have on your record, you face at least a three (3) year license suspension.
Because the clock starts ticking on any DUI charge immediately, and because the penalties can be imposed almost immediately as well, it is important to contact an attorney immediately to discuss the particulars of your case. Georgia DUI law is complicated, and requires careful navigation and attention. It is highly recommended, therefore, that you hire an experienced attorney at Horlick Law Firm to help you through this process.
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DUI – 10-Day Rule – License Suspension
If you are charged with a DUI in Georgia, you face criminal penalties and license suspension, and you may only have days to act or you will lose your license -automatically. Contact a lawyer immediately to discuss your case and your options.
Read MoreGeorgia DUI – Under 21
If you are under 21 years old and charged with Driving Under the Influence (DUI) in Georgia, because of Georgia’s “Zero Tolerance” laws, you face a different level of penalty than drivers 21 and over.
While most of the conditions imposed on drivers convicted of DUI in Georgia are the same, there are stricter consequences on the driving privileges of those under 21, and (as discussed here) the levels of blood alcohol concentration required to prove DUI for drivers under age 21 is much lower than that for drivers 21 and over.
For instance, if you are convicted of Driving Under the Influence and under 21 years old, your driver’s license will be suspended for at least six (6) months (if any trace of alcohol is found in your system), and for one (1) year if your BAC (discussed more thoroughly here) is 0.08 grams or more.
It is imperative, then, that you know your rights when driving in Georgia, and if you are pulled over, so that you can also know the potential consequences of your decisions. Georgia is very strict on drivers under age 21 charged with driving under the influence, and it is in your best interest to speak to an attorney immediately about how best to fight your case.
Read MoreGeorgia DUI Penalties
If you are charged with Driving Under the Influence in the State of Georgia, you face jail, fines, license suspensions, and more, even if you are not convicted of the crime! The potential penalties range depending on your age, class of license, level of impairment, and whether or not this is your first (or 2nd, or 3rd) DUI, but it is advised that you Horlick Law Firm immediately to discuss your particular case and options.
There are a number of “types” of DUI in Georgia. The most commonly charged types of DUI (inc., DUI Per Se, DUI Less Safe, DUI Drugs, DUI Under 21, and DUI Commercial Driver), what the State is required to show to prove these charges, and what the potential penalties of conviction are for each class of driver, are discussed in more detail elsewhere on this site.
There is one penalty that could affect all classes of driver charged with DUI – the administrative license suspension. When you are arrested for DUI, the arresting officer may file a petition (DDS form 1205) to suspend your license administratively (separate from your criminal proceeding). If this petition is filed, you only have 10 DAYS to request a hearing on this matter, or your license will be suspended.
DUI law in Georgia can be very complicated and time-sensitive, so please…
If you have any questions about your particular situation, please contact Atlanta DUI Attorney Robert Horlick of Horlick Law Firm immediately at through the link above or by phone (404-487-8473) or email (info@horlicklawfirm.com) for a free case evaluation and consultation.
Read MoreGeorgia DUI Penalties – 2nd
If you are convicted of Driving Under the Influence (DUI) for your second offense in ten (10) years, judged by the date of the incident, you face penalties and driver’s license consequences more severe than those facing a first DUI.
You still face misdemeanor penalties (up to $1000 fine and up to 12 months in jail), but your fine will be between $600 and $1000 (plus court costs, which could be 15-25% more), and you will be required to complete at least 30 days (240 hours) of Community Service. You face between 90 days and 12 months imprisonment, of which at least 72 hours (3 days) must be served.
You will be placed on probation for a the remainder, up to 12 months, less the time you spent in jail, and be required to complete a DUI Alcohol or DUI Drug Risk Reduction Program, and submit to a clinical evaluation for alcohol and drugs. If this evalution concludes that you would benefit from treatment, this treatment may also be made a condition of your sentence.
Also, you are subject to three (3) years of license suspension, and may be eligible for a limited driving permit after 12 months, if you have completed certain conditions and submit to an ignition interlock device. In addition, you face confiscation of your license plate, and some other collateral consequences that we will be happy to discuss with you.
Contact Horlick Law Firm immediately for a free case evaluation and consultation if you have been charged with Driving Under the Influence in Georgia. The laws are tricky, and there are many ins and outs that only a skilled lawyer can help you navigate.
Read MoreGeorgia DUI Penalties – 1st
The State of Georgia looks at DUIs in two ways: they look at how many DUIs one may have in his or her lifetime, and they look back ten (10) years, in order to determine the appropriate penalty ranges.
Driving Under the Influence is a misdemeanor in the State of Georgia (unless it is your fourth or subsequent offense within 10 years), which means that it is punishable by up to twelve (12) months imprisonment and up to $1000 fine. There are also additional conditions that may be imposed, and license implications for any conviction.
If you are 21 or over and convicted of DUI in Georgia, for your first offense in 10 years, you will be placed on 12 months probation and required to pay a fine between the amounts of $300 and $1000 (and court costs, which could be 15-25% more), as well as complete at least 20 hours of Community Service (if your BAC was less than 0.08%) and at least 40 hours of Community Service in all other scenarios.
Additionally, you will be required to participate in a DUI Alcohol or Drug Use Risk Reduction Program, and depending on the county or municpality of conviction, you may be asked to participate in additional programs such as a Mothers Against Drunk Driving Impact Panel.
State law mandates that your sentence include between 10 days and 12 months of imprisonment as well, with a minimum of 24 hours to be served.
You also face up to one (1) year of driver’s license suspension, but in many situations there are limited permits available for driving to and from work and school, and the potential for early reinstatement of your license upon completion of certain conditions.
Contact Horlick Law Firm immediately for a free case evaluation and consultation. We can help you navigate through this stressful and confusing process. Let Horlick Law Firm fight to keep your license and keep you out of jail!
Read MoreGeorgia DUI Penalties – 3rd
If you are convicted of Driving Under the Influence (DUI) in the State of Georgia for your 3rd offense within 10 years, based on the dates of your previous DUI arrests, you face punishment as a High and Aggravated misdemeanor.
Traditionally, DUI is a misdemeanor charge, which subjects you to up to $1000 fine and up to 12 months in jail (in addition to the other requirements discussed below and elsewhere on this site). However, as a High and Aggravated misdemeanor, you face between $1000 and $5000 in fines (and court costs, which tend to be 15-25% more), and 120 days to 12 months imprisonment, at least 15 days of which MUST be served.
Additionally, you must complete at least 240 hours (30 days) of Community Service, and the DUI Alcohol or Drug Use Risk Reduction Program. You must also submit to a clinincal evaluation for drug or alcohol abuse, and submit to any treatment recommended by that evaluation as a part of your sentence.
You will be placed on probation for 12 months, less any time you spend in jail, and your vehicle is subject to forfeiture. You face a five (5) year license suspension, ignition interlock, confiscation of your license plate, and and only after 24 months and the completion of certain conditions are you eligible for a probationary license. There may also be some additional conditions or consequences based on your particular situation.
If these convictions occur when you are under 21, or when driving a commercial vehicle, your potential penalties and license implications may be more severe than those discussed above. Contact Horlick Law Firm immediately to discuss your specific situation and develop a plan of action that will help you navigate through this stressful and tricky process.
Read MoreGeorgia DUI – Commercial Driver
If you possess a Commercial Driver’s License (CDL) and drive a commercial vehicle in the State of Georgia, and are convicted of driving Under the Influence (DUI), you are subject to disqualification under the Uniform Commercial Driver’s License Act.
To be convicted of Driving Under the Influence while driving a commercial vehicle, the State must prove that you were driving or in actual physical control of a moving commercial motor vehicle, with a blood alcohol concentration of 0.04% or more.
If you submit to blood, breath, or urine testing and your BAC is found to be 0.04% or more, in addition to the criminal penalties you face if convicted, you are also subject to an administrative suspension of your driver’s privileges (which usually occurs before your criminal case is concluded). You have 10 business days to file a response to any petition filed against you requesting that your license be administratively suspended, and Horlick Law Firm will gladly do this for you.
If you do not request a hearing on this matter within 10 days, your license will be automatically suspended, even if you ultimately take your case to trial and win.
If you refuse to take any tests to indicate your BAC, and do not request an administrative hearing within 10 days, or lose your administrative hearing, your license will be suspended for one (1) year, and you will not be eligible for any temporary or hardship driving permits.
For this reason and many more, it is imperative that you have a lawyer throughout this process.
Contact Horlick Law Firm immediately to help navigate this stressful and tricky process. We are here to fight for you and help you save your job, your license, and your livelihood.
Read MoreGeorgia DUI Penalties – 4th and Subsequent
In the State of Georgia, if you are charged and convicted of four (4) or more DUIs within 10 years, you face felony penalties.
Because the stakes are higher, the penalties are higher. Contact Horlick Law Firm immediately to discuss your case and to fight for your license and your rights!
If you’re facing your 4th (or subsequent) DUI in 10 years in Georgia, you face between $1000 and $5000 fine (plus court costs), and between 1 and 5 years of jail (of which at least 90 days must be served). You are also subject to at least 60 days of Community Service, the DUI Alcohol or Drug Use Risk Reduction Program, completion of a drug and alcohol clinical evaluation, and treatment if recommended, and 5 years probation (less any time you spent in jail). Your vehicle is subject to forfeiture, as well.
In addition, you face a 5 year revocation of your driving privileges, license plate confiscation, potential ignition interlock, and depending on your particular case and the jurisdiction, other conditions as well. Only in certain instances will you be able to obtain a probationary license to drive after a certain period of time. Because the stakes of a DUI conviction in Georgia are so high, especially if it is your second, third, or fourth (or more), you MUST contact an attorney in order to make sure your case is handled properly, your rights are protected, and you are not dragged around by the courts.
As mentioned above and elsewhere on this site, the conditions and consequences of conviction for DUI are different if you are under 21 or convicted of DUI while driving a commercial vehicle. As such, please contact Horlick Law Firm immediately to discuss the particularities of your case, and how best to proceed.
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