Georgia DUI laws are one of the strictest in the nation. It is important to know driving laws and what to expect if you are arrest for a DUI in Georgia.
Georgia considers a DUI if someone is impaired while under the influence of alcohol and drugs and operating a motor vehicle, or if someone is above the legal Blood Alcohol Content limit. The consequences of getting arrested for a DUI include heavy penalties such as jail time, paying hefty fines, community service, and license suspension.
Following a Georgia DUI arrest, there will be 2 cases that you will have to deal with separately: The criminal case and the administrative case.
The criminal case of a Georgia DUI involves the charges against you for the crime(s) you have committed while driving impaired or over the legal BAC.
Following your arrest, you will be taken to the police station for booking. This includes fingerprints, a mug shot, and a chemical test. Once in jail, you will be issued a citation with an initial court date, also known as an arraignment date. The arraignment is where you will be notified of the charges against you and will enter your plea. In most cases, a “not guilty” plea is entered by the defendant to have time to fight the charges.
A first DUI carries a minimum of 24 hours in jail, $300 in fines, 40 hours of community service, 12 months of probation, and participation in a drug & rehab program. The penalties increase depending on how many laws are broken, prior DUI convictions, BAC level, and if there was anyone injured or killed. It is important to consult with an experienced Georgia DUI attorney to know the penalties you are facing and to build an effective defense case.
The administrative case involves your driver’s license and there are 2 approaches when dealing with the administrative case of your DUI: You can appeal the suspension or you can install an ignition interlock device.
Following your arrest, you will have 30 days to file an appeal to prevent your license suspension. This is also known as the 30-day letter. Georgia charges a $150 filing fee to submit the letter. Once the letter is submitted, you will be able to drive until the day of your hearing before the Office of State Administrative Hearings (OSAH). Failure to send the letter by the 30th day will result in an automatic license suspension for 1 year. Additionally, if you refused to submit to a chemical test at the time of arrest, your license will be automatically suspended for 1 year without the option of a restricted license. A Georgia attorney can help write and send the letter on your behalf. If you have been arrested for a Georgia DUI, it’s important to speak with an attorney today.
At the day of your OSAH hearing, you will have the opportunity to argue your case to keep your driver’s license. It is important to consult with a Georgia DUI attorney before your hearing since an experienced attorney will be able to fight the charges and settle with the arresting officer.
If you win the hearing, you will keep your license from being suspended and will be able to continue driving.
Following your arrest, you can install an ignition interlock device in your vehicle and apply for an ignition interlock permit. This option waives your right to an administrative hearing and will result in a license suspension. There are specific requirements to receive a permit.
After your arrest, you will have 30 days to file an appeal with the Office of State Administrative Hearings (OSAH) before having your license suspended. On the day of the hearing, you will have the opportunity to fight the charges against your license and keep your driving privileges. Failure to file an appeal by the 30th day will result in an automatic license suspension for 1 year.
If you are convicted of a Georgia DUI, here are the following penalties you can expect.
First DUI Offense
Second DUI Offense
Third DUI Offense
Administrative penalties involve your driver’s license suspension.
First DUI Offense
Second DUI Offense
Third DUI Offense
You may be able to drive following a DUI conviction with a hardship license. If this is your first DUI conviction, you may be eligible for one through the Georgia Department of Driver Services (DDS). You will have to provide proof that you have no other way to get to work, school, or the doctor. You will also have to install an ignition interlock device in your vehicle, complete a drug and alcohol evaluation, and complete a DUI/Drug Risk Reduction program.
Commercial drivers with a BAC above 0.04% at the time of arrest will be convicted for a DUI. Commercial drivers may have their license suspended for over a year. CDL drivers can also receive a commercial disqualification if they refuse to take the chemical test at the time of the arrest. If a CDL driver receives a second DUI, the conviction will result in a lifetime license disqualification. There is no hardship license option available to CDL drivers.; however, a limited permit for a passenger car might be possible in some cases. If you have a CDL and have been charged with a DUI, it’s important to speak with a Georgia DUI attorney today.
