DUI Charges in Georgia
Learn More
heading

DUI Charges in Georgia

If you find yourself charged with a DUI in Georgia, it’s important to understand the different types of DUIs and possible consequences. While the legal system can be intimidating, knowing what kind of DUI charges you could face and understanding the potential penalties is critical for getting through this difficult time. Read on for more insights into navigating a DUI charge in the peach state.

Definition of a DUI in Georgia

In Georgia, a DUI -- or Driving Under the Influence -- is defined as operating a motor vehicle while having an intoxicant present in one's system. This intoxicant can be anything from alcohol to certain types of controlled substances, including illegal drugs and certain medications.

There are per se DUI laws and less safe DUI laws. Per se means that you have above the legal limit of alcohol in your system, and you are by law deemed to be impaired, even if you did not have an accident or exhibit any other "drunk driving" behavior. Less safe means that you had alcohol, drugs, and/or an inhalant in your system of any amount that made it less safe for you to drive. This can be evidenced by swerving in your lane, excessive speed (or excessively low and dangerous speed), causing an accident or other type behaviors.

Depending on the severity of the incident and whether it is a first offense, a DUI can carry with it serious criminal charges, along with harsh punishments such as probation, fines, license suspension or revocation, and in some cases even imprisonment. It’s important to understand the gravity of what a DUI conviction means and how to best protect yourself if you’re facing charges.

Types of DUI Charges and their Consequences

When it comes to DUIs in Georgia, there are three primary types: DUI alcohol, DUI drugs, and less commonly known, DUI other substances such as inhalants. While the consequences of each type can differ depending upon the specifics of a case, all may end in fines, suspension or revocation of a license, possible jail time, and community service. In addition to these tangible outcomes is the intangible impact that a DUI has on an individual’s life and ability to maintain security for his/her future. It’s important for anyone facing such a charge understand fully what they are up against so they can make smart decisions when deciding next steps.

The different types of DUIs:

  • DUI Alcohol - Per Se: if you're 21 years old or older and have a BAC (blood alcohol content) of 0.08% or more in your system, you are considered by law to be impaired, even if you do not exhibit signs of impairment. The same if you are under 21 and have a BAC of 0.02% or more in your system.
  • DUI Alcohol - Less Safe: if you're any age and have any amount of alcohol in your system, and you exhibit signs of impairment, due to the alcohol in your system.
  • DUI Drugs: if you are any age and have marijuana, controlled substances, or even prescription medication in your system, you could have a DUI drugs. The only caveat is that, if the drugs are legally prescribed to you or otherwise not a controlled substance, then you also must be less safe to drive, meaning there must be a showing that you were incapable of driving safely by the prescribed or lawful medication being in your system.
  • DUI Other Substances: if you are any age and are intentionally under the influence of glue, aerosol, or other toxic vapor, and you are less safe to drive as a result.
  • DUI Combined Influence: if you are under the influence of any combination of two or more of alcohol, drugs, or inhalants, and it is less safe for you to drive as a result of you being under the influence of the substances.
  • DUI Child Endangerment: if you have any of the above DUIs and also have a child less than 14 years old with you in the car. This is particularly harsh as you cannot combine the DUIs and you will get hit with two DUIs at once, if you are found guilty to the DUI and DUI Child Endangerment - and have the face the penalties of both.

All DUIs are misdemeanors (if you get 4 DUIs in 10 years, it could be a felony), which means that the minimum fines start at $300, and can go up to $1,000 or more, for a 3rd + DUI, and jail time is a maximum of 12 months. All DUI convictions require you to pay fines, go to jail for some period of time, be on probation for at least 12 months (minus the time spent in jail), take a DDS-approved DUI Alcohol or Drug Risk Reduction Program, submit to random drug screens that you pay for, report to your probation officer as directed, and do community service yours.

What happens to your drivers license with a DUI

Georgia laws take driving under the influence (DUI) very seriously, and those convicted of a DUI charge can face a number of drastic penalties. In terms of driver's license consequences, those found guilty will have their licenses suspended for a period of time based on what kind of DUI they are convicted of and how many DUI convictions they have.

Post-Arrest License Issues - Implied Consent and Administrative License Suspension (ALS)

Additionally, your license will also be impacted before your DUI case is resolved, just by nature of you having a DUI charge. When someone is arrested for a DUI in Georgia, the police officer is by law required to ask them for a test of their blood, breath, urine, or other bodily substance, and depending on the arrestee's answer, their license could be administratively suspended. This is called Georgia's implied consent law.

"Yes" to Implied Consent

If you say "yes" to the implied consent test, and your BAC is over the state per se DUI Alcohol limit for your age or license group (0.08 for 21 and up; 0.02 for under 21; and 0.04 for CDL (commercial drivers license) holders), then your license will be suspended, called an Administrative License Suspension (ALS).

However, you can get a limited driving permit during the time that you are working out the underlying DUI case. You will have a limited permit for 45 days after your arrest and you can apply for your limited permit by going to any DDS (Department of Driver Services) location in person, and paying $25.

You can get your full license privileges reinstated after 30 days (provided it is your first such suspension in 5 years) upon completion of a DDS-approved DUI Alcohol or Drug Use Risk Reduction program and payment of $210 in reinstatement fee. However, if you are ultimately convicted of the DUI, you will lose your license again - therefore, it would be wise to consult with an attorney to see if you should just keep the ALS limited permit, which runs the suspension clock, while you wait for your DUI case to be heard. This is because any ALS time the license is suspensions counts towards subsequent suspension as a result of conviction for the underlying DUI.

Another option is that you can contest your ALS suspension by sending in $150 hearing fee and notice to the DDS within 30 days of your arrest - but you will want to talk with a lawyer to make sure this is the most optimal move for your case, as you already took the state test and you already were above the legal limit for your age or license group.

"No" to Implied Consent

If you declined the request for the implied consent test of your blood, breath, urine, or other bodily substances by the state when you were arrested, then you'll default in an ALS 1 year suspension of your drivers license. This will begin 45 days after your arrest.

If you want to fight it, you will need to send a request for a hearing and a $150 fee to the DDS within 30 days of your arrest. Your limited 45 day permit issued when you were arrest for the DUI will be extended until you are able to be heard on your ALS hearing request. It is highly recommended that you hire a lawyer for this hearing, as well as the underlying DUI.

If you win the hearing, then your license will not be suspended as a result of your refusal to do the implied consent test. If you lose the hearing (or if you never filed for a hearing at all), then you will have a hard 1 year suspension - hard suspension means there is no possibility whatsoever for a limited permit. However, if your DUI case is resolved before the year is up, and it is ultimately reduced to something else or dropped entirely, then you'll be able to get your license back with full driving privileges, before the year is up.

Any time your license was suspended under the ALS suspension will count towards your license being suspended if you are ultimately convicted of the underlying DUI - you won't have to do double time suspension for the conviction.

Ignition Interlock Driving Permit - 12 month commitment

If you're 21 years or older, said "no" to the implied consent test, and you don't think your DUI will get resolved within a year, and you really need to drive for work or other obligations, you do have the option to get a 12 month Ignition Interlock Limited Driving Permit. Your license must be otherwise valid, and you must be a Georgia drivers license holder. (If you are a CDL holder, then your CDL will be temporarily suspended for the 12 months and you cannot driver commercially at all during this time.)

This is a 12 month hard commitment - if your DUI case gets dropped within the first few months after you were arrested, the ignition interlock limited permit does not go away. You must keep it and drive on it for the full 12 months, before you can get your driving privileges back. It is highly recommended that you consult with an attorney who knows about DUIs in your area of Georgia before you make this year-long commitment.

License Issues After a DUI Conviction

If you are convicted of a DUI, your license will face further suspension, separate from the ALS time period - however, your ALS time should count towards any post-conviction DUI suspension. So if you already served 7 months of your ALS suspension time, and you're required to be suspended for one year under the DUI conviction, then you would only have to serve the remaining 5 months left after convicted.

Your time of suspension will depend on what kind of DUI you were convicted of and how many convictions you've had in your lifetime.

DUI - non-drugs

For a first conviction within five years for a DUI, non-drugs (alcohol per se, alcohol less safe, or inhalants), you have a 120-day suspension period from the date of conviction. If your license has never been suspended for any other type of conviction in the past five years, then you can get a limited driving permit, good for one year. After the suspension period, you will need to show proof of DDS-approved DUI Alcohol or Drug Use Risk Reduction Program and pay a reinstatement fee of $210.

For a second of this kind of conviction in five years, you will have an 18-month suspension, with the first 120 days of this being a hard suspension - meaning no limited permit is available. Once the 120 days is passed, you can apply for a limited permit using an ignition interlock device (IID). You will have to pay for the device to be installed and monitored on your car and you must keep this for 12 months. To get this IID limited permit, you'll need to show that you attended and completed a DDS-approved DUI Alcohol or Drug Use Risk Reduction Program, proof of enrollment in an approved substance abuse treatment program (if required by the clinical evaluation) and proof of completion if already completed, proof that you had the device installed on your car by an approved IID servicer, and pay a $25 permit fee. After the 12 months is up, you can have a regular limited driving permit for any remaining suspension time, until you are able to reinstate. For reinstatement, you must show proof that the ignition interlock device remained on your vehicle, without incident, for the full 12 months, proof of completion of a substance abuse treatment program (if required by the clinical evaluation) if not already provided for the IID permit, and pay a $210 reinstatement fee.

For a third conviction in five years of this type of DUI, non-drugs, you will be declared a Habitual Violator and have your license taken away from you for five years. It is an uphill battle to get your driving privileges back - you cannot even get any sort of permit until two years have passed.

For a fourth conviction in five years, you get another Habitual Violator suspension, plus the ramifications of violating a Habitual Violator and additional charges as such.

For a fourth conviction within 10 years of a DUI non-drugs, you could even be facing a felony, which comes with prison time and higher fines, in addition to losing your license.

DUI - Drugs

For a first DUI drugs conviction within five years, your license will be suspended for a period of 180 days. You do have a limited permit option available for you for $25 fee. After the suspension period is over, you must pay a $210 reinstatement fee and provide proof of completion of a DDS-approved DUI Alcohol or Drug Use Risk Reduction Program to get your full driving privileges back.

For a second conviction of DUI drugs in five years, the suspension time is one year and no limited permit is available. To reinstate, you must provide proof you completed a DDS-approved DUI Alcohol or Drug Use Risk Reduction Program and pay a $210 reinstatement fee.

For a third DUI drugs conviction in five years, you will be declared a Habitual Violator and have to jump through all the HV hoops to get a limited permit (only eligible after 2 years hard suspension) and get your license reinstated after 5 years. You'll also have to still complete a DDS-approved DUI Alcohol or Drug Use Risk Reduction Program and pay $410 reinstatement fee.

What to do if you're charged with a DUI in Georgia

If you are charged with a DUI in Georgia, it is essential to take the matter seriously and act quickly. Depending on the circumstances of your case, as well as your prior history with DUI-related convictions, you may face serious penalties if found guilty. Knowledge of relevant laws and procedures can help dramatically in protecting your rights during the judicial process and minimizing potential consequences of a conviction. Be sure to consult an experienced DUI attorney who can explain the nuances of Georgia’s DUI litigation process and develop the most effective defense strategy for your particular case. And do so as soon as possible after your arrest, to help protect your driving privileges while you are waiting for your DUI case to be heard, as well as your rights in your DUI case itself.

The Role of an Attorney When Facing a DUI Charge

In the state of Georgia, facing a DUI charge can be an overwhelming situation. A knowledgeable criminal defense attorney is essential in navigating the legal system and helping to understand key elements such as potential defense strategies and potential outcomes. Depending on the situation, attorneys can provide legal advice on how to conduct oneself after the arrest--from cooperating with law enforcement during the stop to mitigating aggravating factors during negotiations with prosecutors. Having a solid understanding of Georgia DUI laws and the evidence needed to defend these cases is paramount for successful results. A lawyer's role in DUI cases ranges from developing an effective strategy for reducing or dismissing charges to managing possible license suspensions, alternative sentencing programs, time spent in jail, court fines, and more.

Take DUIs in Georgia Seriously

It's important to keep in mind that DUIs are a serious charge in Georgia. The consequences can be severe, so it's an offense to consider taking very seriously. If you are facing a DUI charge, your best option is to contact an experienced attorney. An experienced attorney will assist you by walking you through the courtroom process and understanding the possible charges and outcomes associated with your case. They will act as your advocate in court and make sure that your interests are being represented properly in front of the judge. With this knowledge, you can rest assured that you will be better equipped to make informed decisions regarding your case, ultimately leading to better outcomes for all parties involved.