The information contained in this Web site is as accurate as possible. This information, however, is NOT A SUBSTITUTE for legal advice. Georgia laws change frequently and you should consult an attorney about the particular facts of your case. This page contains summary information about GEORGIA LAW ONLY. The laws of your state or country can, and probably will be, different.
Georgia DUI Laws
There are numerous ways that a DUI offender can be punished under Georgia law. Some of these are a jail sentence, fines, license suspension and community service. The judge in your case can impose a jail sentence, a fine, community service, ignition interlock, etc. The Department of Driver Services (commonly known as DDS) can (and usually will) impose a period of suspension of your driving privileges. Since DUI is a misdemeanor in Georgia, the judge has the legal authority to impose a jail sentence of up to one year and a fine of up to $1,000 (and sometimes up to $5,000) for each offense charged. This doesn't mean that the judge in your particular case will give you a one-year jail sentence or a $1,000 fine - it just means that he or she can impose such a sentence if he or she sees fit.
The following is a brief summary of DUI law in Georgia:
FIRST DUI IN 5 YEARS
Community Service: 40 hours minimum
Jail: 24 hours to one year in jail.
Fines: $300 to $1,000
License suspension - one year. Permit may be issued for four months. License may be reinstated if DUI school is completed and fee paid.
SECOND DUI IN 5 YEARS
Community Service: 30 days minimum
Jail: Minimum of three days up to one year in jail.
Fines: $600 to $1,000
License suspension - three years. After 12 months (with no permit to drive), mandatory ignition interlock for six months, then license can be reinstated if driver has done counseling, DUI school is completed, and fee paid. Auto tags confiscated.
THIRD DUI IN 5 YEARS
Community Service: 30 days minimum
Jail: Minimum of 15 days up to one year in jail.
Fines: $1,000 to $5,000
License suspension - five years. A third DUI in five years results in habitual violator suspension, and if the offender drives after being declared a habitual violator, he or she may be prosecuted for a felony offense. Mandatory ignition interlock for issuance of HV permit after two (2) years.
Remember, the above are ranges of punishment that the judge and the state patrol can impose in your case. Other charges can result in jail sentences, fines and license suspension also, such as refusing to take the alcohol test, no insurance, driving on a suspended license, hit and run, etc.
THE ADMINISTRATIVE LICENSE SUSPENSION LAW
Georgia has enacted very strict administrative license suspension laws that may apply to your case. If the arresting officer has completed DDS Form 1205 (a "sworn report") and mailed that form to DDS, then your license will be suspended effective on midnight on the 30th day following your arrest date. Your license can be suspended by DDS under the administrative license suspension law for only two reasons, which are (1) your blood alcohol level was over a certain limit when you were arrested, or (2) you allegedly refused to submit to a blood, breath or urine test as requested by the arresting officer. The blood alcohol limits that will invoke the administrative license suspension law are as follows:
If you were 21 or older at the time of your arrest, and your blood alcohol level was .080 or higher at the time of testing; or
If you were under 21 at the time of arrest and your blood alcohol level was .020 at the time of testing; or
If you have a commercial driver's license, were in a commercial vehicle at the time of arrest, and your blood alcohol level was .040 or higher at the time of testing;
If you were accused of refusing a blood, breath or urine test, then your suspension is for one (1) year, with no permit to drive. This suspension can be terminated only two ways, these are (1) if we take your case to trial and you are acquitted (or the DUI case is dismissed), or (2) we win at the administrative license suspension hearing and the license suspension is rescinded by the administrative law judge (ALJ). You cannot, and will not, get a hearing with the Office of State Administrative Hearings (OSAH) unless you (or this office) properly demanded a hearing within ten (10) business days of your arrest date.
SPEER LAW OFFICES A.L.S. QUIZ
Check all that apply to the facts of your case:
_____ My blood alcohol level was .080 or higher.
_____ They say that I refused the test. (Right now, it doesn't matter if you really refused or not.)
_____ I was under 21 the day that I was arrested and my blood alcohol level was .020 or higher.
_____ I have a CDL, I was in my rig when arrested, and my blood alcohol level was .040 or higher.
_____ I'm not sure what my blood alcohol level was.
_____ I'm not sure what to do.
IF YOU CHECKED ANY OF THE BOXES ABOVE,
THEN YOU SHOULD ACT IMMEDIATELY. CALL NOW FOR ASSISTANCE.
(770) 517-0017
Speer Law Offices, P.C.
100 Churchill Ct., Ste 102
Woodstock, GA 30188
