DUI

Arrested for DUI?

An arrest for DUI is a serious offense.  If you are arrested and either refuse to take the breath test or fail it, your license will be revoked for a period of 1-3 years.  Your only hope to keep your license is to "appeal" or request a hearing through the Georgia Department of Motor Vehicle Safety within 10 days of your arrest and win this hearing.  As of May 2010, Georgia law now requires $150 filing fee for this hearing.  This hearing is totally separate from your criminal case.

Georgia law requires that you submit to either a breath or blood/urine test.  If you fail the breath test by blowing a .08% or more, your license will be suspended, but you can qualify for a work permit if it is your 1st DUI in 5 years.

 If you refuse to take the breath test:

  • The refusal will be used against you in court; however
  • The state won't have any actual or real evidence of your blood/alcohol level
  • Your refusal will cause your driver's license to be suspended by the Department of Motor Vehicles and you won't qualify for a limited driving work permit.

 

Punishments for a DUI conviction under the age of 21 include:

FOR THE FIRST OFFENSE: (Under.08%)

A blood alcohol content of .02% or greater is considered DUI for any driver under the age of 21.

  • Suspension of driver's license for 6 months with no provision for a limited permit or early reinstatement
  • No nolo contendere plea
  • Attendance at a DUI school
  • At least 20 hours of community service, to begin within 60 days of sentencing
  • Loss of ability to obtain next graduated license level for 12 months

 

FOR THE FIRST OFFENSE (.08% or more)

Punishment is the same as for the first offense under .08% except:

  • Mandatory jail term not less than 24 hours
  • Community Service not less than 24 hours
  • Suspension of license for 12 months, with no reinstatement prior to the end of the suspension period

 

FOR THE SECOND OFFENSE 

Punishment is the same as for the first offense except:

  • For drivers 18 years or older, suspension of driver's license for a minimum of 18 months, with a provision of ignition interlock permit after 12 months
  • Community Service not less than 30 days
  • Clinical evaluation and treatment if indicated
  • Mandatory jail term not less than 72 hours
  • The court will order a person convicted of a 2nd and subsequent DUI to surrender all license plates registered in his or her name to the court