DUI FAQs
Driving under the influence (DUI) is a serious offense in Georgia that can have long-lasting consequences on your life. As a criminal defense attorney, I understand the importance of having the right information. Whether you're seeking information for yourself or a loved one, knowing what you're up against can be invaluable. Contact me today to address your questions with an experienced DUI lawyer.
What Constitutes a DUI in Georgia?
In Georgia, you can be charged with a DUI if you’re operating a vehicle while your blood alcohol concentration (BAC) is at or above 0.08%. For commercial drivers, the limit is lower at 0.04%, and for those under 21, the BAC limit is even stricter at 0.02%.
However, it’s not only alcohol that can result in a DUI charge. You can also be charged with a DUI for being under the influence of drugs—whether they’re prescription, over-the-counter, or illegal substances. It’s critical to understand that a DUI isn’t solely based on your BAC.
If you’re impaired to the point that you can’t safely operate a vehicle, you can be charged with DUI.
What Are the Penalties for a First-Time DUI Offense in Georgia?
Georgia imposes strict penalties even for a first-time DUI offense. If convicted, you could face:
A minimum fine of $300 with the potential for the fine to reach $1,000
Ten days to 12 months of jail time, although the court often reduces the minimum jail time to 24 hours
A minimum of 40 hours of community service
Completion of a DUI Alcohol or Drug Use Risk Reduction Program
A 12-month probation period
A license suspension of up to one year
First-time offenders may be eligible for a limited driving permit, allowing you to drive for essential purposes, such as going to work or medical appointments. Still, you should consult with a criminal defense attorney to understand how this might apply to your case.
How Does Georgia’s Implied Consent Law Work?
Georgia, like many states, has an implied consent law. This means that if you're lawfully arrested by an officer who has probable cause to believe you're driving under the influence, you automatically consent to a chemical test of your blood, breath, or urine.
Refusing to take this test can have severe consequences. For a first refusal, your driver's license will be suspended for one year, and there’s no possibility of obtaining a limited driving permit during this suspension.
While you have the right to refuse the test, doing so can complicate your criminal defense, and the refusal itself may be used against you in court.
Can I Fight a DUI Charge in Georgia?
Yes, you can fight a DUI charge in Georgia. A strong criminal defense can involve several strategies, depending on the specifics of your case.
Some common defenses include challenging the legality of the traffic stop (was there probable cause?), disputing the accuracy of the breathalyzer or blood test results, and highlighting any procedural mistakes made by the arresting officer.
Keep in mind that Georgia DUI law is complicated, and an experienced criminal defense attorney will be your ally in understanding how to approach your case.
What Is the “Look-Back” Period for DUIs in Georgia?
The “look-back” period in Georgia is 10 years. This means that if you’re convicted of a DUI, any subsequent DUI arrests within the next 10 years will be considered second or multiple offenses, which carry harsher penalties.
For instance, a second DUI within this period results in a minimum fine of $600, 72 hours to 12 months in jail, 240 hours of community service, and an 18-month license suspension. A third DUI offense within this window is considered a high and aggravated misdemeanor, which can lead to even steeper penalties.
If you’re facing multiple DUI charges, working with a criminal defense lawyer becomes even more crucial.
What Happens If I’m Convicted of a DUI With a Child in the Car?
In Georgia, DUI charges are particularly severe if you’re caught driving under the influence with a child under the age of 14 in the car. You could face additional charges of child endangerment, which count as separate offenses.
For each child in the car, you’ll be charged with a separate count of child endangerment. For example, if you have two children in the car, you’ll face one DUI charge and two child endangerment charges.
The penalties for child endangerment can include jail time, hefty fines, and even the possibility of losing custody of your children. If you’re in this situation, seeking out criminal defense representation immediately is vital.
Will a DUI Conviction Affect My Driving Record and Insurance Rates?
Yes, a DUI conviction will affect your driving record and insurance rates significantly. A DUI conviction stays on your driving record in Georgia for life.
Insurance companies typically view DUI convictions as a sign of risky behavior, which means you can expect your rates to increase substantially, sometimes by as much as 50% or more. In some cases, your insurance provider may even cancel your policy.
Additionally, you may be required to file an SR-22 form, which proves you have the minimum liability insurance required by Georgia law, making your insurance premiums even higher. Again, a strong criminal defense can help minimize the long-term impact on your record and finances.
What Are the Consequences of a DUI Conviction for Commercial Drivers in Georgia?
For commercial drivers in Georgia, the consequences of a DUI conviction are even more severe. As mentioned earlier, the BAC limit for commercial drivers is lower at 0.04%.
A first-time DUI conviction for a commercial driver results in a one-year suspension of your Commercial Driver’s License (CDL), and if you were transporting hazardous materials at the time, the suspension lasts for three years.
A second DUI conviction results in a lifetime CDL disqualification. If your livelihood depends on driving, it’s crucial to get in touch with a criminal defense attorney as soon as possible to explore your legal options.
How Does a DUI Conviction Affect Employment in Georgia?
A DUI conviction can impact your employment in several ways. Certain jobs, particularly those involving driving or operating heavy machinery, may be at risk if you’re convicted of a DUI.
Employers may also conduct background checks and see your DUI conviction, which could affect your chances of being hired. Additionally, some professional licenses—such as those required for healthcare workers, lawyers, or commercial drivers—can be jeopardized by a DUI conviction.
If you're facing a DUI charge and are concerned about your employment, a criminal defense attorney can help you work through the legal process and explore alternatives like probation or expungement to minimize the impact on your career.
Can I Get a DUI Expunged from My Record in Georgia?
Unfortunately, in Georgia, DUI convictions can’t be expunged from your criminal record. Once you’re convicted of a DUI, it stays on your record permanently.
This can affect future employment opportunities, housing applications, and other background checks. That’s why it’s so important to fight a DUI charge aggressively from the start.
Even if your case doesn’t go to trial, negotiating for a lesser charge like reckless driving can be beneficial because reckless driving convictions are eligible for expungement under certain conditions.
Consulting with a knowledgeable criminal defense attorney can help you determine a course of action for minimizing the impact of a DUI on your life.
Work With a Skilled Defense Attorney
If you or someone you know is facing a DUI charge in Georgia, don’t hesitate to reach out for legal assistance. The sooner you act, the better your chances of building a strong defense and possibly reducing the severity of the penalties you face.
If this sounds like you, call Kyle H. Jarzmik Law.
I proudly serve Atlanta, Georgia, as well as throughout the state including Fulton, Cobb, Dekalb, Gwinnett, Forsyth, Douglas, Coweta, Carroll County, Lawrenceville, and Cumming.