It is important to speak with an attorney that is familiar with the complex Georgia DUI laws.
Driving Under the Influence of Alcohol is one of the most common misdemeanor offenses and is one of the most contested areas of criminal law. Georgia DUI law has administrative proceedings that can suspend your license in addition to criminal penalties can increase in severity if you’ve been convicted previously. This has caused DUI law in Georgia to be one of the most complex areas of criminal law. It is important to speak with an attorney that is familiar with the complex Georgia DUI laws.
DUI is the only crime where the witness to the crime is almost always a police officer who is an expert trained in recognizing that type of crime. Officers go through extensive training to gain their expertise in DUI. An attorney who has the training and experience and knowledge of the law and the science behind DUI can often be the difference in successful resolution of their client’s case.
First Time DUI
A first time DUI is usually a misdemeanor. A first DUI conviction usually faces a minimum of twenty-four hours in jail, a $300 fine, state mandated alcohol or drug evaluation programs, and state mandated DUI School, also called Risk Reduction. DUI fines also carry statutory surcharges and fees to support state programs related to projects such as Road Improvement and the Brain and Neurological Injury Trust. Statutory surcharges almost double the fines in DUI cases. So the minimum fine of $300 will usually double to about $600.
Georgia law also requires a minimum of forty hours of community service on a first time DUI conviction. In addition to community service, probation may include a requirement to attend a Victim Impact Panel organized by Mothers Against Drunk Driving (MADD) and a mandatory drug and alcohol assessment.
The maximum penalty for a first lifetime DUI in Georgia is up to one year in jail. However, the reality is that most people do not face significant jail time for a first time DUI, but Georgia law requires a minimum of twenty-four hours in jail the first time. In addition to jail, other punishment includes extensive fines, DUI schools, substance abuse treatments, hours of community service, and drug and alcohol testing.
Georgia also requires a suspension of your driver’s license for a period of one year for a first DUI conviction. However, on a first conviction a person may be entitled to a limited permit for period of 120 days. Following the 120 day period with a permit, the person may apply for reinstatement of their full driving license and privileges. If you are given a limited permit, it is important that you do not receive any traffic citations or your license could be suspended.
Under 21 DUI
If you are under 21 years old and are charged with a DUI, the law is different and penalties can differ from a normal first time conviction.
A Georgia DUI underage is very serious and the punishment under the law reflects this severity. Where a Blood Alcohol Content (BAC) of .08 grams is the typical mark for determining DUI for drivers over 21, drivers under 21 have a limit of .02 grams. You could face 12 months probation, a fine not less than $300 but no more than $1000, 40 hours of community service, attend Drug and Alcohol treatment and DUI Risk Reduction School.
In addition to the penalties mentioned above, a person under 21 years old charged with DUI, will also face license suspension of at least 6 months and possibly 12 months. The punishment for DUI, if you are under 21, is strict in Georgia.
If your BAC is greater than .02 grams and less than .08, if no state-administered test was requested, or if your test is suppressed at trial you are looking at least a 6 month license suspension. However, if you are found to have a BAC of greater than .08 grams or you refuse to submit to a chemical test, you will face a mandatory 12 month license suspension.
Georgia law treats DUI under 21 as a serious matter that can have profound consequences for young Georgians. This makes it very important to make sure you are advised of your rights and obligations under the law. Contacting an attorney can help provide you with the best possible defense to protect both your license and your future from the damage of a DUI conviction.
Second DUI in 5 years
The penalties for DUI become more severe if you are convicted of multiple DUIs. Georgia law has three time periods in which it looks back at DUI convictions which will determine the severity of penalties in subsequent DUI convictions. The three periods are 5 years, 10 years and lifetime. The most serious penalties occur when a person has multiple DUIs in the 5 year and 10 year period.
Until 2013, a driver with multiple DUI convictions within a 5 year period was forced to undergo a mandatory 18 month hard license suspension. A hard suspension is one that cannot be reduced regardless of the situation. However, now a driver that finds him or herself in this circumstance is able to seek a limited driving permit after a hard suspension of only 120 days. This new law does not mean that you are automatically given a limited permit after the hard suspension period is over.
In order to receive a limited driving permit, certain qualifications must be met. First, there must be a hardship caused by a person’s failure to drive that a limited driving permit could remedy. These hardships include but are not limited to activities such as: driving to work/work related functions, driving to doctors’ appointments, attending court, attending school and transporting non-licensed immediate family members to those destinations as well. Second, you must be enrolled in clinical treatment or DUI court. Second, you also are typically required to place an ignition interlock device on your vehicle. Finally, you must have permission from the court before you can apply for a limited driving permit.
Ignition interlock devices can be very expensive. Most providers charge a fee of $75 to $100 to install the device and charge a monitoring fee of about $150 per month. It does get expensive with time. There are some situations where clients may get a financial hardship and not be required to have an ignition interlock device on their vehicle.
For a second DUI in a 10 year period the minimum penalties include a fine of not less than $600, 90 days in jail, 240 hours of community service, a clinical drug and alcohol evaluation, recommended treatment, and other possible conditions.