FAQ’s About DUI Laws In Georgia

1. What will happen to my Georgia Driver's license if I plead guilty?
   If this is your first DUI in 5 years, your Georgia driver’s license is suspended for 1 year; you may get your license back, however after 120 days, by attending a DUI school and paying a reinstatement fee; during the 120 day period, you can get a limited permit for work and school; however, if you have a prior DUI conviction within 10 years, you must attend and complete an alcohol evaluation AND any treatment recommended BEFORE you can get such a limited permit.
   
   If this is your second DUI in 5 years, you lose your Georgia driver’s license for 3 years, and you are not eligible for any permit for at least 1 year; after a 1 year suspension, you may get a limited permit for 6 months, provided you have an interlock ignition device on your car; after the 18 month period, you may be eligible to get your full license back, but you must have completed an alcohol evaluation, treatment if recommended, and a DUI school, and pay the reinstatement fee.
   
   If this is your third DUI in 5 years, you lose your Georgia driver’s license for 5 years, and you cannot get a limited permit for at least 2 years.



2. What is the minimum punishment for a DUI conviction in Georgia?
   The punishment for DUI in Georgia varies on the number of prior DUIs. The MINIMUM punishments are as follows:
   • FIRST DUI CONVICTION IN 10 YEARS:  $300.00 to $1,000.00 fine, 24 hours in jail (if you register above .08), 40 hours community service, mandatory 12 months probation, completion of a DUI Risk Reduction Program, and a Clinical Evaluation and treatment program if recommended;
   
   
   
   • SECOND DUI CONVICTION IN 10 YEARS:  $600.00 to $1,000.00 fine, 72 hours in jail, 30 days community service, mandatory alcohol or drug treatment, mandatory Risk Reduction Program, mandatory 12 months probation, notice of DUI conviction (with photo) in local newspaper, surrender of all license plates for cars registered in offender’s name.
   
   
   
   • THIRD DUI CONVICTION IN 10 YEARS: $1,000.00 to $5,000.00 fine, 15 days in jail, 30 days community service, mandatory Risk Reduction Program, mandatory alcohol or drug treatment, mandatory 12 months probation, license suspension for 5 years, notice of DUI conviction(with photo) in local paper, and loss of all license plates on all cars titled in your name.
   
   
   
   • FOURTH OR SUBSEQUENT DUI CONVICTION IN 10 YEARS:  Is a felony, with a fine of $1,000 to $5,000, one to five years in prison, 60 days community service, risk reduction program, clinical alcohol evaluation and treatment, and a period of 5 years probation, less any days during which the person is actually imprisoned.



3. What is administrative GA driver’s license suspension?
   Georgia law provides that your license can be administratively suspended, even if you have not gone to court on your DUI, under the following situations:
   • If you are over 21, and you register above a .08
   • If you are under 21, and you register a .02
   • If you are charged with DUI and refuse to take the state test of your blood, breath, or urine
     
     
   
   In order to keep your Georgia driver’s license from being administratively suspended, you must request a hearing with the Department of Public Safety within 10 business days of your arrest, and send in a $150 filing fee with the request!



4. Why did the police officer make me stand on one leg, walk a line, and follow his pen with my eyes?
   Police use these Field Sobriety tests against you in court to show that you were impaired to drive. They don't tell you that these tests are voluntary and that you do not have to take them. Of the three field tests, only the Horizontal Gaze Nystagmus (HGN) has been deemed scientific in Georgia. The theory behind the HGN is that a person who is impaired due to alcohol will have his/her eyes jerk (nystagmus) at certain points while following a pen or finger.



5. I am a teenage driver, under 21. Am I treated differently?
   Yes; first, you are considered DUI if you register above a .02 on the State's breath test; second, your penalties are different than those of persons over 21:
   • If you register below .08, you lose your license for 6 months, with no limited permit and you must serve at least 20 hours community service.
   • If you register above .08, you lose your license for a full year with no limited permit; you also must serve 24 hours in jail, and perform a minimum of 40 hours community service.



6. The officer read from a card after he arrested me, but he never read me my "rights." Does this matter?
   A person arrested for DUI must be read the Implied Consent Notice from a preprinted card at or near the time of arrest. This card tells you that the officer is asking you to take a state test of your blood, breath, or urine for the purpose of determining if you are DUI. If you refuse, your license or privilege to drive in Georgia can be suspended for a full year! It also informs you of your right to an independent test once you take the State test(s). Miranda does not have to be read to you unless you are under arrest. Miranda does not have to be read prior to taking a state chemical test; it is only important if you are under arrest, then interrogated by the police.



7. I blew into a portable breath test at the scene. Is this the State chemical test?
   No, that was a alcosensor, which only is admissible to show the presence of alcohol. The State Chemical test is either a breath test on an Intox 5000 machine, a blood test, or a urine test.



8. Is it really possible to win my DUI?
   Yes! If you believe that you were not under the influence to the extent that you were less safe to drive, or if you believe the test was inaccurate, there are numerous ways to win a DUI.
   Please see How to win a DUI case in Georgia



9. How do I find a qualified DUI lawyer in Georgia?
   The best way to find a good DUI lawyer is by reputation. The best approach is to ask other lawyers. Who would THEY go to if arrested for DUI? An excellent indication of quality and experience is membership in the NATIONAL COLLEGE FOR DUI DEFENSE, located in Houston, Texas. When you meet with an attorney, you should make sure of three things:
   • Does the lawyer concentrate exclusively on DUI defense?
   • Does the lawyer have a reputation for aggressively defending DUIs, instead of always pleading out his clients?
   • The financial terms of representation are clear



10. What new DUI Law in Georgia went into effect July 1, 2008 and how will it change things?
    Effective July 1, 2008 ALL look back periods for punishment purposes have changed to 10 years instead of 5 years. So, if you get a DUI in Georgia after July 1, 2008 and you have a prior DUI conviction July 1998 or LATER, you would be punished as a 2nd DUI offender.
    
    A 1st DUI conviction in Georgia now REQUIRES a clinical evaluation; however, the Judge can waive that provision.
    
    A 2nd DUI in 10 must get a clinical evaluation and follow up with any recommended treatment PRIOR to license reinstatement; (this is important:  A person whose prior DUI occurred 6 years ago is entitled to a limited permit under 40-5-63; however under this new law, he cannot get the permit until he has completed the evaluation AND treatment! The treatment could take as long as 6 months to complete! The advice would therefore be to send anyone with a 2nd in 10 immediately to an alcohol evaluator and begin any recommended treatment immediately)
    
    The jail time provisions for 1st, 2nd, and 3rd DUIs in 10year period remain the same as under the old law.
    
    A 4th in 10 will now be a felony, punishable up to 5 years in prison.
    
    
11. I was arrested for DUI and I had my child with me. The officer charged me with Child Endangerment. What does that mean?
    Any person charged with DUI while transporting a child under 14 can also be charged with a separate charge of “DUI Child Endangerment.” This is a separate crime punishable up to a $1000 fine and 12 months in jail! The charge cannot be “merged” into the DUI, meaning it cannot be dismissed just because you plead guilty to the DUI; also, it is considered a separate DUI offense by the Department of Driver’s Services; so, for instance if you are convicted of DUI while transporting 2 children under 14, you would automatically be declared an Habitual Violator because you would have 3 DUI convictions!
    
    
12. How does a DUI affect my CDL?
    If you are arrested for a DUI, whether driving a commercial vehicle or a private vehicle, a DUI can affect your commercial license in various ways. First, if you refuse to submit to a State chemical test to determine your alcohol level, your CDL is disqualified for at least 1 year.
    
    Your CDL is disqualified for at least a year if you are convicted for DUI while driving a commercial vehicle while there is .04 percent or more by weight of alcohol in your blood; if you are convicted of DUI while driving a non commercial vehicle;
    
    Your CDL is disqualified for life for two or more convictions of DUI!
    
    
13. What is an interlock device?
    An interlock device looks like a cell phone; it is installed in your car by a State certified installer. In order to start your car, you must blow into the device, and the device must read below a .02 alcohol. Interlock devices are now required in Georgia for multiple offenders.
    
    
14. What is a DUI Court program?
    DUI Court programs are becoming more popular with judges as a way of forcing a defendant to attend intensive substance abuse programs. Many Georgia courts are now ordering persons to attend DUI Courts as a part of the sentence.
    
    Typically, DUI Court programs last between 12 and 24 months. The programs are divided into 1 to 4 phases, and are coordinated by both a DUI Court director and the judge. As an example, in Phase 1 a person would attend 3 hours weekly counseling sessions, 2 AA meetings per week, a DUI Court review 2 times per month, and a random alcohol or drug screen once per week. Phase 1 last 5 months! As the defendant “graduates” from phase to phase, the number of meetings decrease. Since Georgia suspends a person’s license for the first 12 months on a 2nd DUI conviction, most DUI court program members cannot drive to the meetings.
    
    The success rates of DUI Court programs have been inconclusive.