Georgia DUI Help

The song ‘Georgia On My Mind’ will take on more meaning if you get busted there. The Georgia criminal courts and The Department of Driver’s Services (DDS) will not only be on your mind, but also inside your pocket book and in your face.

There are two kinds of Georgia DUI’s: the "per se" the law which indicates automatic assumption of being impaired and DUI. And driving in a “less safe” manner

The Georgia DUI laws state that it is illegal operating a vehicle when compromised or impaired by drugs, whether legal or illegal, or with a blood alcohol content of 0.08%.

However, at .05% BAC, if an officer can establish in the eyes of the court that you were driving “less safe” it’s assumed that you are legally impaired by alcohol or drugs. Evidence of that fact can offered by an officer by any odor of alcohol, bloodshot or glassy eyes, unsteady balance, slurred speech, or by any manner of unsafe driving.

It is illegal for minors to have .02% BAC or even alcohol on their breath (zero tolerance laws).

Under the ‘implied consent’ agreement — when you receive a driver’s license you agree to undergo any lawful request for a chemical blood alcohol test — drivers who reject the test will get a rejection of their driving privileges.

If you haven’t been drinking or you believe that you might have ingested or inhaled alcohol paints or solvents (toxic vapors) or from a ‘benign source’ (mouthwash) or drugs (such as antihistamines or other over the counter drugs) be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not ‘legally drunk’ under Georgia DUI law.

Georgia defines a ‘toxic vapor’ DUI as driving unsafe or impaired via common substances such as paint thinner, lacquer, varnish, etc. This type of intoxication requires proof of ‘knowing intent’ to inhale. Therefore, occupational intoxication can result in prosecution for DUI. However, a blood test is the only approved type test available to analyze the effects of toxic vapors.

If accused of being DUI/DUID or being impaired by multiple “substances”, you can be convicted on all charges and multiple sentences can be imposed.

After being charged with a Georgia DUI you’re going to face two adversaries: the criminal courts, and the Department of Driver’s Services. You have only 10 days to request a DDS hearing to try avoid losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. DDS sanctions can be imposed – even if you are found not guilty in a criminal court case. DDS hearings are crucial to a Georgia DUI defense attorney as they can cross-examine testimony and confront evidence presented by those involved in your arrest and investigation.

 

Georgia has a ‘look back’ period of 5 to 10 years to determine enhanced penalties, but a Georgia DUI stays on your driving record for life.

 

After the death of Heidi Flye and her two children by a drunk driver in 1999, Georgia DUI “Heidi” laws were passed made driving and boating Georgia DUI laws more severe. A Georgia DUI which results in property damage, serious bodily injury or death is an extremely serious charge which can means years of imprisonment, permanent loss of driver’s license, thousands in fines, impounded or forfeited vehicles. This demands the attention, expertise and skilled negotiating powers of a Georgia DUI attorney.

 

These are a few very good reasons why you need a knowledgeable and experienced Georgia DUI attorney by your side and on your side. In any case, when you are stopped and arrested for suspicion of a Georgia drink driving charge, ask to see a DUI attorney --  the sooner the better.

-- Info You Should Know --

Was I Stopped Legally?

Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.

 

Not all reasons offered by officers are always legal. Check with a Georgia DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties

 

I’m Simply Going To Plead Guilty, Why Do I Need A Georgia DUI Lawyer?

Experienced and skilled legal counsel may be able to help mitigate your problems by minimizing your legal problems and maximizing your defenses. A Georgia DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.

 

Should I Retain A DUI Attorney?

DUI convictions and penalties can be long lasting and severe, both in court and with the DMV which regulates your driving privileges. These penalties and the numerous and complicated laws relating to motor vehicles and Georgia DUI charges should be taken very seriously.

 

When considering consulting a Georgia DUI attorney, take into account the impact of a criminal conviction,  possible increased cost or cancellation of auto insurance, educational opportunities, inability to rent or own cars, restrictions on travel, loss of security clearance, job barriers, possible loss of professional credentials or certifications, and the loss of freedom. Don’t you think these rights, personal possessions, achievements and abilities and are worth protecting?

 

What’s An Attorney Going To Cost?

One of the biggest concerns for people charged with a DUI are lawyer’s fees. As cases vary, so does cost. Most people don’t realize that money spent now on a skillful DUI attorney might save assets, civil privileges and financial benefits in the years to come.

 

What are statutory assessments?

Additional court costs, depending on the state penal or vehicle code violated.

What if I Am An Out Of State Driver?

A notice of  a Georgia DUI conviction will be sent from the Georgia Department of Public Safety to your home state which will probably impose DUI penalties. Georgia, as most states, consider an out-of-state conviction as a prior DUI.

 

What Is A 5 Year "Look-back" Period?

The "look-back" period is used to determine the extent to which a repeat offender should be punished. The sentencing court has broad powers as whether to grant probation, but conditions of probation can be extremely restrictive. Moreover, monthly supervision fees are charged. Georgia DUI law requires that 12 months of probation, deducting for any jail time, be imposed on every DUI conviction.

 

What if I Refused To Take a BAC (blood alcohol content) Test?

A driver’s license or driving privileges can be suspended for a period of 1 year. To plead your case for saving your driving privilege a request to the Georgia DDS for a hearing must be made within 10 business days after the refusal of a BAC test. If you snooze, you lose.

Can I Plea Bargain?

You cannot organize a plea bargain without an attorney. A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Georgia DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Georgia DUI, but remember a conviction will still count as a ‘prior’ for calculating the mandatory minimums for future offenses.

 

I’ve Heard of A Nolo Contendere Plea, What Is It?

In legal terms it serves as an alternative to a pleading guilty or not guilty. While not technically a guilty plea, a nolo plea has many of the same effects, but also some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted and it is not always available for several reasons.

 

In any case, you’re going to need the services of a veteran Georgia DUI specialist for specialized pleas or plea bargaining.

 

Is Being Punished by the Georgia Department of Driver’s Services and the Criminal Courts Double Jeopardy?

Like most states, Georgia DUI law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. Georgia’s DDS administers driver’s licenses, imposes civil penalties, and also serves as the judge, jury and also metes out punishment.

 

-- Georgia DUI Criminal Penalties --

1^st Georgia DUI Offense

1st offenders are persons with no DUI convictions or a nolo contendere plea in any state. This includes a 5 year ‘look back’ period. 

$300 to $1000 in fines plus any state statutory surcharges (typically 15-25%).

10 days to 12 months in jail. All except for 24 hours may be suspended, stayed or probated.

A minimum of 40 hours of community service. .

An “ignition interlock device” (a breath testing machine that registers BAC at .02%) may be attached to your car at your expense.

Eligible a limited driving permit.

Reinstatement of driver’s license at the end of 120 days with completion of a DUI school.

1 year license suspension if your conviction involves drugs. You will not be able to get it reinstated for 6 months. No limited driving permit is allowed.

A 20 hour Risk Reduction Program and/or mandatory alcohol education and/or treatment assessment will be required.

1 year probation, less any jail time, if sentence is less than 1 year imprisonment.

A BAC test of over 0.15% voids nolo plea.

2nd Offense Within A 5 year Period

$600 to $1000 fine plus any statutory surcharges (20% to 30% of the fine amount).

90 days to 1 year in jail. All but 3 days may be suspended, stayed, or probated. Your attorney can negotiate for home detention, work release and other alternatives to jail time.

3 year license suspension.

80 hours mandatory community service.  

No driver's license reinstated for a period of 18 months. The first year is a ‘hard suspension’ with no limited permit or hardship license.

After 18 months persons may attend a DUI Risk Reduction Program to reinstate their license.

6 months required ignition interlock of all vehicles register to offender.

Hardship exemptions available for some vehicles.

Repeat offenders undergo a clinical evaluation and will follow all treatment recommendations.

Mandatory 20 hour Risk Reduction program approved by the Department of Human Resources.

All license plates for vehicles in the offender’s name will be confiscated. Hardship DUI tag may be available.

Offender’s photo, along with info on arrest, published in a local newspaper for which driver pays a fee.

 

3rd Offense Within A 5 year Period

High and aggravated misdemeanor.

$1000 to $5000 fine, plus statutory surcharges. (Your attorney may make plea for diminished fees via “hardship” circumstances).

120 days to 1 year in jail. All but 15 days of which may be suspended, stayed or probated.

1 year probation minus any jail time. 

160 hours of community service.

Maybe tagged as a Habitual offender. License can be revoked for 5 years to lifetime

After 2 years, probationary license available with completion of DUI school, assessment and counseling.

6 months mandatory ignition interlock device. Interlock permit granted after evaluation and completion of all treatment recommendations.

After 5 years offenders who attend a DUI Risk Reduction Program and pay a reinstatement fee may and get their license reinstated

Mandatory confiscation of license plates of all motor vehicles registered to the offender. (Special hardship plates are available for co-owners or family members).

With a probationary license or full reinstatement, license plates can be reissued for the offender's vehicles.

Offender’s photo, along with info on arrest, published in a local newspaper for which driver pays a fee.

 

4th Offense Within 5 years

A felony which can encompass all the above plus enhanced penalties by the court.

Habitual violators caught driving any vehicle --- drunk or not --- can have their motor vehicle seized, forfeited and sold by the state.

 

Underage Possession of Alcohol

An ‘Open Container of Alcoholic Beverage’ is deemed in the possession of the driver if it is not locked outside of the passenger compartment or in the glove compartment of the vehicle.

Up to 180-day drivers’ license suspension, mandatory Risk Reduction Program. No limited license or early reinstatement available.

Up to 6 months jail time.

Up to $300 fine.

20 hours of community service. 

Up to 3 years probation including an alcohol rehabilitation program.

$300 fine, 20 days in jail, or both for failure to complete the program.

A special statue allows for a possible “conditional discharge” upon completion of a court-ordered plan of fines, community service and possible drug and alcohol counseling. If the program is completed without new violations occurring, no conviction will appear on the person’s record.

Anyone under16 years all privileges to apply for a river’s license suspended until age17.

Illegally purchasing alcohol, misrepresenting age to obtain alcohol, or using a fake ID to obtain alcohol, and a driver's license will be suspended for 6 months.

The number and severity of the penalties imposed by a judge may be mitigated by an experienced of Georgia DUI attorney.

 

Under the Age of 16 --  2nd Possession

Privilege to apply for a driver’s license or learner’s permit suspended until 18 years old. Mandatory Risk Reduction Program or court approved juvenile alcohol/drug program attendance.

A license may be revoked for 6 months (below .08% BAC) or for 1 year (.08% BAC or higher) and no limited permit is allowed.

Minors 1^st DUI offense

Up to 6 months jail time.

$300 fine.

Up to 3 years probation in order for the offender to undergo a mandatory comprehensive alcohol rehabilitation/ Risk Reduction Program.

$300 fine, 20 days in jail, or both for failure to complete the program.

 20 hours of community service. 

Possible “conditional discharge” and no conviction on record upon payment of court ordered fines, completion of community service and substance counseling and no new violations.

6 months suspension of driver's license if blood alcohol level is below .08%. 1 year if blood alcohol level is .08% or higher.

No limited or ‘work’ permit and no early reinstatement during the term of suspension.

Anyone under 16 cannot apply for a license until age 17.

Mandatory attendance of Risk Reduction Program or court approved juvenile program.

 

Juveniles Under Age of 16 – 2^nd DUI Offense

In addition to the penalties listed above, minors under 16 years of age cannot apply for a license until age 18.

Mandatory attendance of Risk Reduction Program or court approved juvenile program.

1 year suspension for purchasing alcohol, misrepresenting age to obtain alcohol, or using a fake ID to obtain alcohol.

 

Can My Record Be Expunged?

Expunging or “erasing” your criminal record in Georgia is desirable because your record, after age 18, follows you for life.

Expungement can be granted in certain situations..

If you are denied expungement, you can file an appeal within 30 days.

Another alternative is requesting to have your civil liberties restored if your crimes cannot be expunged from your criminal record. You can apply for this if you have served your sentence and are a resident of Georgia.

You can apply for a pardon. For this, you must finish serving your sentence and wait 5 years to apply. During that period you cannot commit any crimes, have any unpaid fines or have other charges waiting against you.

 

A DUI Conviction Is Forever

A criminal DUI conviction, or nolo contendere plea, will be a permanent part of your permanent driving and criminal ‘record’. It does not automatically disappear from your record after 5 years. A conviction, guilty plea or nolo plea is reported to the Georgia Department of Public Safety which reports it to the National Driver’s License Registry. These computer records are accessible to driver’s licensing agencies nationwide. This is why retaining a Georgia DUI lawyer can be vital to persons charged with this offense.

 

Georgia Department of Revenue Division of Motor Vehicles DUI Penalties

 

1^st Offense

1 year suspension of driver’s license.

Your photo published as a DUI offender in local paper at your expense.

1 year mandatory license suspension for refusing a BAC test.

 

Limited Driving Permit

1st or 2nd DUI conviction (after 1 year of suspension with ignition interlock device) you ca apply for a limited permit.

Eligible for an interlock permit upon completion of DUI alcohol or drug evaluation, clinical risk reduction program, or other court ordered program.

Driving only for specified times, places, vehicles.

Commuting to place of employment or performing the normal duties of your occupation.

Receiving prescribed medical attention or prescribed drugs.

Attending enrolled classes at a college or other regularly scheduled school. .

To and from ignition interlock centers.

At the end of a 6 month limited driving permit, driver may apply for reinstatement of driver's license.

 

3rd DUI Within 5 Years

5 year mandatory revocation of driver’s license.

This may be considered a Habitual Violator classification and possible evidence of incompetence or unfitness to drive, due to incapacity by alcohol or drug addiction.

 

How Important Is An Administrative Hearing?

You may request a hearing in writing within 10 days of the issue date (noted on the order or suspension or revocation) in order to try and save driving privileges.

 

A hearing be critical to a defendant’s case. Your attorney will be able to cross-examine the arresting officer under oath, and important issues can be reviewed and challenged. This can be of great value in your criminal case.

The administrative case is handled before an administrative law judge. If you testify this experience be good practice for a criminal trial.

– Disclaimer –

Only Georgia DUI professionals should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Georgia DUI attorney. There is no warrantee, expressed or implied herein. Georgia DUI laws and issues are complicated, and can change. Litigation takes experience. Please let us refer you to a seasoned Georgia DUI specialist.

 

– Citations –

O.C.G.A. 40-5-55: Implied consent to chemical tests.

O.C.G.A. 40-5-57.1: Revocation of licenses of persons under age 21 for certain offenses; issuance of new license following revocation.

O.C.G.A. 40-5-67: Seizure and disposition of driver's license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases.

O.C.G.A. 40-5-67.1: Chemical tests; implied consent notices; rights of motorists; test results; refusal to submit; suspension or denial; hearing and review.

O.C.G.A. 40-5-67.2: Terms and conditions for suspension of license under subsection © of Code Section 67.1.

O.C.G.A. 40-5-75: Suspension of licenses by operation of law for conviction of possession, distribution, manufacture, cultivation, sale or transfer of controlled substances or marijuana; or driving under the influence of the substance.

O.C.G.A. 40-6-391: Addresses driving under the influence of alcohol, drugs or other intoxicating substances; penalties for first, second and subsequent convictions; child endangerment.

O.C.G.A. 40-6-391.1: Nolo contendere please; requirement to attend an alcohol and drug course.

O.C.G.A. 40-6-391.2: Seizure and forfeiture of a motor vehicle operated by habitual offender.

O.C.G.A. 40-6-391.3: Penalty for conviction for driving under the influence of alcohol or drugs while driving a school bus.

O.C.G.A. 40-6-392: Chemical tests for alcohol or drugs in blood.

O.C.G.A. 40-6-393: Homicide by vehicle.

O.C.G.A. 40-6-393.1: Feticide by vehicle.

O.C.G.A. 40-6-394: Serious injury by vehicle.

Georgia Department of Motor Vehicle Safety
Post Office Box 80447
Conyers, GA 30013

www.state.ga.us

Georgia Department of Driver’s Services

http://www.dds.ga.gov/