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.

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.

The three (3) Implied Consent warnings in Georgia refer to Drivers Over 21, Drivers Under 21, and Commercial Driver’s License holders.  After a driver has been arrested for Driving Under the Influence (DUI), the officer will read him or her an Implied Consent warning from an orange card.

By the time the implied consent warnings are read to many people charged with DUI, they are already under arrest.  Many feel that they have already submitted to all the Field Sobriety Tests and questioning that the officer has asked of them, and have still been arrested, so “why should they comply with the officer’s request any more?”

While this is an understandable position, and drivers licensed in the State of Georgia do have the right to refuse this testing, they should be aware of the consequences of doing so.  This is what the reading of the Implied Consent notice is meant to accomplish.

Drivers must be aware that, as unfair as it may seem, if they refuse to submit to such chemical testing after the proper Implied Consent warning has been read, the law imposes some harsh consequences.  If a driver refuses such chemical testing, he or she will be face an administrative license suspension, separate from his or her criminal proceeding, and face a mandatory suspension of driving privileges for at least one (1) year as a result. In many cases, you have ONLY 10 DAYS to respond and request this hearing, or your license will be automatically suspended!

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.

• Georgia DUI Resources and Statutes

• DUI Law Terms and Definitions

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?

Unlike the charge of DUI Per Se, which is based on a driver’s actual alcohol concentration or the presence of marijuana or controlled substances in the driver’s urine and/or blood, the State (as represented by the Solicitor or Assistant District Attorney) need not show the driver’s alcohol concentration to establish that he or she was a “Less Safe” driver.

To prove that a driver was Driving Under the Influence to the extent that it was less safe for him or her to do so, the State may attempt to establish impairment by the officers observations (as in, smelling an odor of alcohol or strange behavior), a driver’s admission to having consumed alcohol, erratic driving, conclusions regarding the results of any Field Sobriety Tests performed, the driver’s refusal to submit to field sobriety tests, and the officer’s resulting opinion that the driver was Driving Under the Influence to the extent that it was “less safe” to drive.

While the refusal to submit to Field Sobriety Tests and the Breathalyzer can be used against a driver charged with DUI in the State of Georgia, and there are consequences for such refusal (discussed more thoroughly here), it takes much more to establish beyond a reasonable doubt that a driver was DUI “Less Safe”  than just proof of refusal.

Without the “science” of a Breathalyzer or blood or urine test result to establish a driver’s alcohol or drug concentration, the case is essentially based on the officer’s opinions, and establishing a charge of DUI “Less Safe” beyond a reasonable doubt can be quite difficult and often impossible for the State.

If you have been  charged with Driving Under the Influence (DUI) Less Safe, contact Horlick Law Firm immediately for a free case evaluation and consultation.