What Happens When You Get a DUI in Georgia?

If you’ve recently been charged with impaired driving, you may be wondering what happens when you get a DUI in Georgia. Law enforcement and judges take DUI offenses seriously, and a conviction can have long-lasting consequences that include jail time, fines, driver’s license suspension, community service, and more. If you’re facing similar charges, an experienced DUI lawyer can help you get the most favorable outcome possible in your case.

DUI Arrests in Georgia

When a driver is suspected of DUI, police officers can use field sobriety tests, which are standardized exercises like walking in a straight line or standing on one leg, to evaluate a driver’s impairment based on their coordination, ability to follow instructions, and balance. If a driver shows signs of impairment, the law enforcement officer may have cause to chemically test them for alcohol or drugs.

The most common chemical test is a breath test, where the driver blows into a handheld device that tests how much alcohol is in their blood system. A driver’s blood or urine can also be tested to determine blood alcohol concentration or whether there are other impairing substances in their system.

Drivers can refuse a field sobriety test without any legal penalties and can also refuse chemical testing. But if they refuse chemical testing, their driver’s license will automatically be suspended. However, in some cases, the driver can ask the court for a hearing to decide if law enforcement had probable cause to arrest them. It is important to note that refusing either kind of test may not prevent an arrest.

Understanding DUI Charges in Georgia

Driving under the influence (DUI) of an intoxicating substance such as alcohol or drugs is dangerous and illegal. Georgia, like many states, has increasingly severe penalties depending on how many DUI convictions you have within a 5-year period. DUI means having a 0.08% blood alcohol concentration (BAC) or higher if you are over 21 years old. If you’re under 21 years old, you’re not allowed to have any alcohol in your system.

Many kinds of drugs and medications can also lead to DUI charges. Some of these include street drugs like marijuana and methamphetamine, prescription drugs like opioid painkillers or sleeping pills, or even some over-the-counter medications, like Benadryl, that can make a driver sleepy. Having any amount of illegal drugs in your system can lead to a DUI charge.

DUI Penalties in Georgia

In Georgia, the penalty for a DUI depends on several factors, including the driver’s age, whether they have any prior DUI convictions in the last 5 years, and whether anyone was hurt or killed because of the driver’s impairment. Penalties for a DUI can include:

• First DUI – jail time up to 1 year, license suspension up to 1 year, fine of $300 to $1,000, 40 hours of community service, and a $210 license reinstatement fee.
• Second DUI within 5 years – minimum 48 hours in jail up to 1 year, license suspension of 3 years, a fine between $600 and $1,000, 30 days of community service, mandatory clinical evaluation and substance abuse treatment, and a $210 license reinstatement fee.
• Third DUI within 5 years – minimum of 15 days in jail, driver’s license revoked for 5 years, a fine between $1,000 and $5,000, 30 days of community service, having your license plate seized by the courts, and mandatory clinical evaluation and substance abuse treatment.
• Aggravated DUI – Having a BAC of 0.15% or more, having an accident that causes a serious injury or death, or a third or subsequent DUI conviction can lead to up to 20 years in jail, several thousand dollars in fines, and liability for civil penalties for damages.
• Underage DUI – For drivers under 21 with any alcohol or intoxicating substances in their system, they may lose their driver’s license for 6 months, face fines of $300 to $1,000, jail time up to 12 months, be required to complete at least 20 hours of community service, and be ordered to participate in a substance abuse treatment program or DUI education course.

You may also have to install, at your own expense, an ignition interlock device (IID) in your vehicle and submit a breath test to start the car.

FAQs

What Is the Penalty for a First DUI in Georgia?

The penalty for a first DUI in Georgia for drivers who are over the legal drinking age includes jail time, license suspension, fines, community service, and a license reinstatement fee. Subsequent convictions, a higher BAC, causing serious injury or death, or being under the legal drinking age may have additional penalties.

Do You Lose Your License Immediately After a DUI Arrest in Georgia?

Yes, you lose your license immediately after a DUI arrest in Georgia. In general, you can appeal the suspension and potentially qualify for a temporary driving permit. However, even if you receive a temporary permit, you could still lose your license if convicted. An experienced DUI attorney can help you determine your next steps to keep your driver’s license and protect your rights.

What Is the New DUI Law in Georgia?

The new DUI law in Georgia allows first-time DUI offenders to be given a limited driving permit instead of a full license suspension if they install an ignition interlock device in their vehicle at their own expense. It is illegal to circumvent or tamper with an IID, and doing so can result in additional penalties, such as fines and further suspension of driving privileges. There are also state requirements for such devices.

Can a DUI Charge Be Dropped in Georgia?

A DUI charge can be dropped in Georgia in some cases. In general, charges may be dismissed or reduced if the evidence isn’t strong, there were violations of the defendant’s rights, or there was a lack of a good reason to stop the driver to begin with. A qualified DUI attorney can review the facts of your case and help you determine if having charges dropped is an option in your particular circumstances.

Face Your DUI Charge With an Experienced Lawyer

With more than 30 years of experience, The Fleming Firm can fight to protect your rights and interests after a DUI arrest. Contact our office today to schedule a consultation and discuss your case.