How Long Does a DUI Stay on Your Record in Georgia? 2024

A DUI conviction can lead to serious setbacks in your personal life and professional career. Many jobs screen for criminal records and a DUI on your record could place barriers between you and future gainful employment. If you are facing DUI criminal charges, you may be asking yourself, “How long does a DUI stay on your record in Georgia?”

Benefits of Having a Clean Criminal Record

A DUI conviction carries consequences that go beyond fees and possible jail time. There are stigmas that follow a DUI conviction. For example, you may no longer be viewed as someone who is trustworthy to drive others, especially minors.

A clean criminal record offers numerous advantages, including better job prospects, housing opportunities, and access to professional licenses. Employers and landlords often conduct background checks, and having no criminal record can make the application process smoother.

In Georgia, record restrictions (expungement) can hide certain offenses from public view. Eligible individuals can move forward without their past negatively affecting their future opportunities.

Crimes That Can Be Expunged in Georgia

In Georgia, certain criminal records can be restricted or sealed from public access. The process is commonly referred to as expungement. Crimes that may qualify for restriction include arrests that did not result in a conviction, certain misdemeanors, and cases closed without prosecution. Eligibility often depends on the date of the arrest and the outcome of the case.

Arrests before July 1, 2013, require processing through the arresting agency, while arrests on or after this date must be addressed with the prosecuting attorney, such as a district attorney or solicitor general. Approved requests are submitted to the Georgia Bureau of Investigation’s Georgia Crime Information Center (GCIC) to finalize the restriction.

Does a DUI Stay on My Record?

Some states allow DUIs to be expunged from criminal records. Georgia is not one of those states. A DUI conviction will permanently stay on your criminal record and cannot be expunged or restricted. DUIs also remain on your driving record for life. This can seriously impact future driving privileges and insurance rates.

Arrests or charges that do not result in a conviction may qualify for record restriction, which removes them from public view. A criminal defense attorney can review your case to see if you are eligible for record restriction.

The lasting presence of a DUI on your record may create challenges when applying for jobs, housing, or professional licenses, as it will likely appear on background checks. A criminal defense attorney can provide guidance on mitigating the long-term consequences of a DUI.

Possible Consequences of a DUI Conviction

A DUI conviction in Georgia carries significant consequences. These may include jail time, fines, probation, and license suspension. Additionally, a conviction leads to increased insurance rates and a permanent mark on your criminal and driving records.

Other long-term effects include difficulty securing employment, housing, or professional licenses due to background checks. You may also face challenges obtaining or renewing professional certifications. You could even lose your current job if your employer has strict policies regarding criminal convictions. A DUI conviction can also carry a social stigma, affecting relationships and community standing.

How to Fight a DUI Charge

Since a DUI conviction will follow you for life, preventing a conviction should be your top priority. Following an arrest, you can fight the charges you are facing. By having the charges dropped or reduced to a lower offense, you can avoid the consequences of a DUI on your record.

Fighting a DUI charge in Georgia requires an understanding of the evidence being used against you and the applicable criminal laws. An experienced DUI attorney can challenge the legality of the traffic stop, the accuracy of chemical tests, or procedural errors during the arrest.

Timely action is critical. Requesting an Administrative License Suspension hearing within 30 days can help protect your driving privileges. Building a strong defense and negotiating with prosecutors can improve your chances of reducing or dismissing charges.

FAQs

Can You Get a DUI Off Your Record in Georgia?

No. In Georgia, a DUI conviction cannot be removed from your criminal record. Unlike some states, Georgia specifically disqualifies DUIs from crimes that are eligible for expungement or restriction. Once you are convicted, the charge remains permanently on your record and can appear on background checks. However, arrests or charges without a conviction may qualify for record restriction, which hides those charges from public view.

How Long Does a DUI Affect Your Insurance in Georgia?

A DUI conviction can affect your car insurance rates in Georgia for a variety of timeframes, depending on your insurance company. Insurers view DUI convictions as high-risk behavior, often leading to significant premium increases. These higher rates may persist for some time, even after completing required programs like DUI school or fulfilling legal penalties.

What Is the Look-Back Period for DUI Offenses in Georgia?

In Georgia, the look-back period for DUI offenses is 10 years. If you are convicted of a second or subsequent DUI within this timeframe, penalties may be more severe. Enhanced consequences include higher fines, longer jail sentences, extended license suspensions, and stricter probation terms. The 10-year look-back period is based on the dates of arrests, not convictions, and is used to determine repeat offenses.

How Can I Fight a DUI?

You can fight a DUI by hiring a criminal defense attorney who has many years of experience in successfully helping clients fight their DUI charges. Prosecutors have to prove that a defendant is guilty beyond a reasonable doubt, and any steps taken by the defense to question the evidence or procedural steps related to a case can bolster the defense’s chances of having the charges dropped or reduced.

Schedule Your DUI Consultation Today

Georgia law does not allow for the expungement of a DUI conviction from your criminal or driving record. This means that a conviction will follow you for life. Being charged with a DUI does not mean that you will ultimately be found guilty of that crime. Having legal representation can greatly change the odds in your favor.

The Fleming Firm can represent you in court and fight the charges you are facing. Our founding attorney takes pride in exploring all feasible legal strategies that can win your case. We do not settle for anything less than a favorable outcome in court. To schedule your consultation, contact our office today.