Georgia DUI – License Consequences
Posted by Robert Horlick in 10-Day Rule, DUI Consequences, DUI License Suspension on 07. Dec, 2009 | 0 Comments
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 adminstrative 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.
Georgia DUI Resources & Facts
Posted by Robert Horlick in Georgia DUI Facts, Resources on 06. Dec, 2009 | 0 Comments
Hopefully this website has provided you some clear information and understanding of the laws regarding Driving Under the Influence and the penalties for violating these laws, as they relate to you, your license, and your livelihood. Because a website is no substitute, and should never be, for the informed advice of an attorney, if you have any questions at all about your case, please contact Horlick Law Firm immediately to discuss it with a skilled attorney.
If you are looking for more general information about DUI or a general glossary of the terms discussed throughout this website, the website Freeadvice offers an incredibly comprehensive and informative collection of Georgia DUI Laws, Articles, Statutes and Links.
Freeadvice.com also offers these articles, which address some common questions about whether or not you “need” an attorney to handle your DUI case, possible effects of a DUI conviction on your insurance, what happens when you get stopped on suspicion of driving under the influence, and how a conviction for DUI can affect your record. While these articles are not specific to Georgia, and as such only an attorney licensed to practice in Georgia can give you the specific answers and advice you need, they offer an informative overview of the charge and its’ potential consequences.
Georgia DUI – 10-Day Rule – License Suspension
Posted by Robert Horlick in DUI License Suspension on 06. Dec, 2009 | 0 Comments
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. (more…)
Georgia DUI Penalties
Posted by Robert Horlick in DUI Consequences, GA DUI Law on 05. Dec, 2009 | 0 Comments
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.
Georgia DUI Penalties – 4th and Subsequent
Posted by Robert Horlick in 4th and subsequent on 03. Dec, 2009 | 0 Comments
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.
