Georgia 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 MoreBAC – Breathalyzer
Breathalyzer DUI Blood Alchohol Test
The Breathalyzer is the most commonly used device for determining one’s Blood Alcohol Content (BAC) from a breath sample. The Breathalyzer test is usually administered after one is arrested and charged with Driving Under the Influence (DUI), at the jail or police station. If you are licensed to drive in the State of Georgia, you impliedly consent to a chemical test of your blood, breath or urine at the request of a police officer. Refusal to submit to these tests can subject you to an administrative prosecution and a minimum of one (1) year suspension of your license.
The machine currently used in Georgia to administer these chemical tests is the Intoxilyzer 5000. This is a big typewriter-size machine in the jail or police station in which breath samples are taken from a subject, analyzed, and one’s BAC (Blood Alcohol Content) is calculated in grams. While the Breathalyzer, when properly calibrated and administered, can provide a fairly accurate indication of one’s blood alcohol content, it far from perfect. There are numerous design flaws inherent in the machine, and many physical and environmental factors and conditions (such as acid reflux, mints, gum, and mouthwash) can affect the reading.
Read MoreBAC – Urine/Blood Tests
If you are charged with Driving Under the Influence (DUI) in the State of Georgia, you are either suspected of having driven or operated a motor vehicle while under the influence of alcohol to the extent it was less safe to drive, or you are charged with driving under the influence, per se, i.e., having a blood alcohol concentration (BAC) of 0.08 grams or more* any time within three (3) hours after driving from alcohol consumed before that driving ended.
(*These values are different for drivers under the age of 21 and drivers of commercial vehicles).
A driver may also be charged with DUI Per Se if, when driving or being in actual physical control of a moving vehicle, there is any amount of marijuana or controlled substance in his or her blood or urine.
The most common method of testing one’s BAC (blood alcohol content, or concentration) is by submitting breath samples to a Breathalyzer. However, one’s BAC may also be tested by a chemical analysis of their blood or urine. If this method of testing is utilized, the results must be submitted to the lab and analyzed before a determination of BAC can be made. If the blood or urine test indicate the presence of marijuana or other controlled substances, regardless of whether any alcohol is present, a driver may be charged with DUI Per Se.
Read MoreBAC – Blood Alcohol Content
In Georgia, a driver may be charged with Driving Under the Influence (DUI) either by driving or being in actual physical control of a moving vehicle while under the influence of alcohol and/or a controlled substance, to the extent that it is less safe for him or her to drive…or…per se, by driving or being in actual physical control of a motor vehicle with an alcohol concentration of 0.08 grams* or more any time within three (3) hours after driving from alcohol consumed before that driving ended (*This value is different if the driver is under 21 or driving a commercial vehicle at the time. See here and here for distinctions).
The chemical testing of a driver’s BAC (Blood Alcohol Content) is scientific, and therefore more reliable than the officer’s suspicions or subjective determinations of impairment based on the results of any Field Sobriety Tests (FSTs). However, to be admissible, the test must be administered properly, and as mentioned elsewhere on this site, many physical and environmental conditions such as acid reflux, electronic interference, or the presence of mouthwash or mints, for example, may cause these results to appear higher than they should.
The most common way that the police administer chemical tests of a driver’s BAC (blood alcohol content) is through a Breathalyzer exam. BAC may also be tested by way of blood or urine analysis, however.
For driver’s 21 and over, a BAC of 0.08 grams or more can support a charge of driving under the influence per se (and a driver with a BAC below 0.08 grams may still be charged as a “less safe” driver).
For driver’s under the age of 21, because of “zero tolerance” laws, a BAC of 0.02 grams or more can lead to a charge of driving under the influence. And for those driving commercial vehicles and suspected of driving under the influence, a BAC of 0.04 grams or more can support a charge of DUI.
By having a driver’s license in the State of Georgia, you impliedly consent to submitting to a test of your blood alcohol content upon request by law enforcement. This Implied Consent condition (discussed more thoroughly here) means that, while you may still choose not to submit to a test of your blood, breath or urine, your refusal will be prosecuted separately from your criminal case (in an administrative hearing, discussed more thoroughly here), and can result in the suspension of your license for a minimum of one (1) year.
Read MorePBT – Preliminary Breath Test
If you are in an accident or stopped for a traffic violation and suspected of driving under the influence (DUI), an officer will likely ask you to submit to a number of Field Sobriety Tests (FSTs), including the PBT, a Preliminary Breath Test. The PBT is one of the three (3) Field Sobriety Tests approved in the State of Georgia (which also include the HGN – Horizontal Gaze Nystagmus – and the One-Legged Stand).
Like all Field Sobriety Tests (FSTs), this test is voluntary, and you do not have to submit to it. Additionally, even if you do and the results indicate a presence of alcohol on your breath, there are many alternative explanations for these results that can create a reasonable doubt that the driver was actually under the influence of alcohol.
Many people think that the PBT is same as the “Breathalyzer,” and while it is similar in idea and form, it is much different. While the Breathalyzer may be administered roadside, it is most often administered after arrest at the police station. The PBT, however, is administered roadside, and is used to determine whether or not there is a presence of alcohol in a driver’s breath.
The PBT is often called an alco-sensor, and is used to determine probable cause for arrest for DUI. The Breathalyzer, however, is used to determine one’s Blood Alcohol Content (BAC). Though the PBT indicates an estimated BAC, this value is not admissible in court. The PBT is only admissible to show the presence, or non-presence, of alcohol in one’s breath.
REMEMBER: The PBT is notoriously unreliable, as many factors can cause it to incorrectly indicate positively for alcohol — including acid reflux, and certain tobacco, mouthwash, or mints. Mere indication of the presence of alcohol on one’s breath, without more, is insufficient to establish that one was driving under the influence (DUI) beyond a reasonable doubt.
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 MoreHGN (Horizontal Gaze Nystagmus)
If you are asked and agree to submit to Field Sobriety Tests on suspicion of Driving Under the Influence (DUI) in the State of Georgia, the officer will almost undoubtedly perform the HGN (Horizonal Gaze Nystagmus) test. Of all the Field Sobriety Tests (FSTs) an officer may administer during a roadside evaluation, if administered properly, the HGN test has been deemed to hold the most scientific weight.
The HGN (Horizontal Gaze Nystagmus) test is often known as the “pen” or “light” test. This is because the officer administering the test usually uses a pen or flashlight to perform the test.
Without moving your head, the officer will ask you to follow a “stimulus” (usually a pen, a flashlight, or his or her finger) with your eyes as it arcs further and further towards your periphery. In administering the HGN test, the officer is looking for up to six (6) clues of a twitching or jerking of your eyeballs prior to 45 degrees.
REMEMBER: Nystagmus is generally defined as the involuntary movement of the eyeballs, and can be , but does not by definition have to be, a result of a high blood-alcohol content.
Though that is certainly the conclusion that an officer administering the test would like to draw, there are many alternative and justifiable explanations for nystagmus that do not require any blood alcohol concentration at all.
For instance, one may suffer from Nystagmus due to a neurological disorder, inner ear problems, congenital disorders, or occupational or labrynthine irritability. If you suffer from any medical conditions including but not limited to these (there are about 100 non-alcohol related conditions that might cause nystagmus) and the officer administering the HGN test does not inquire about them, and/or the test was not administered properly, the scientific weight and admissibility of these results may be attacked.
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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