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.
Read MoreGeorgia DUI – Per Se
Breathalyzer DUI Blood Alchohol Test
In the State of Georgia, a driver aged 21 and over can be charged with Driving Under the Influence (DUI) Per Se, in violation of O.C.G.A. 40-6-391, if there is probable cause to believe he or she drove or was driving or in actual physical control of a moving vehicle, with an alcohol concentration of 0.08 grams or more at ANY time within three (3) hours after driving from alcohol consumed before such driving ended.
A driver may also be charged with Driving Under the Influence Per Se, in violation of O.C.G.A. 40-6-391, if he or she drives or is in physical control of a moving vehicle while there is any amount of marijuana or a controlled substance in the driver’s blood and/or urine. This is regardless of whether or not alcohol is present in the driver’s blood or breath.
Unlike the charge of Driving Under the Influence (DUI) “Less Safe” in Georgia, which only requires that one drive or be in physical control of a moving vehicle while under the influence of alcohol or drugs, to the extent that it was “less safe” for that person to drive — a charge based largely on the opinion of the arresting officer – the charge of Driving Under the Influence Per Se is rooted in the scientific results of a Breathalyzer test, and/or the results of a blood or urine test that indicate the presence of alcohol or other controlled substances.
Georgia’s DUI Laws are different and understandably more stringent for drivers of commercial vehicles and drivers under the age of 21. Those differences are discussed here and here.
If you have been charged with a DUI in Georgia, contact Horlick Law Firm immediately for a free case evaluation and consultation.
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Georgia Implied Consent
In Georgia, anyone licensed to drive in the state has impliedly consented to some form of chemical testing of their breath, blood or urine if suspected of Driving Under the Influence (DUI). There are three types of Implied Consent notices officers may read in the State of Georgia…
Georgia DUI Resources & Facts
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.
- Do you “need” a lawyer to handle your DUI?
- DUI effects on Car Insurance
- What happens when you get stopped for Drunk Driving?
- How does a DUI conviction affect your record?
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 – 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 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.
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