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Georgia DUI Law Summary
In order to be convicted of DUI, it must be shown that you were driving or in actual physical control of a moving vehicle. As a general rule, the burden is on the State to show that the officer had a reasonable, articulable suspicion for stopping or detaining the vehicle. However, if you were stopped at a roadblock, the prosecutor must show that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution. The State must generally show that all vehicles were stopped (as opposed to random stops), that the roadblock was properly marked, that the screening officer had sufficient training and experience, and that the roadblock was approved by the appropriate supervisor for a legitimate primary purpose.
There are different ways of committing DUI. You can be convicted of driving under the influence of alcohol to extent it was less safe for you to drive, driving under the influence of drugs (less safe), driving under the influence of inhalants, driving under the combined influence of these substances, driving under the influence of drugs (per se), or driving under the influence of alcohol (per se). In order to be convicted of a "less safe" DUI offense, the State should be required to prove that you were rendered incapable of driving safely. For people 21 years of age or older the per se limit is .08, while it is .02 for those under the age of 21. The per se limit for the driver of a commercial vehicle is .04. A conviction for "per se" DUI - alcohol simply requires the judge or jury to believe the State's test result. Proof of impaired driving is not necessary.
DUI Penalties
First Offense Within Ten Years
If you plead guilty you can expect a fine of $300 to $1000 plus any statutory surcharges, from ten days to twelve months in jail (although the judge may suspend all but 24 hours), twelve months on probation, less any jail time imposed, a minimum of forty hours of community service in most circumstances, DUI school, and the suspension of driving privileges for one year. You may apply for a limited permit, which is valid in Georgia only, and seek reinstatement of your driver’s license after 120 days if you have successfully completed DUI school and pay the license reinstatement fee. If you are under age 21, the license suspension period is six months unless your alcohol concentration is .08 or higher, in which case the suspension period is twelve months. There are no limited permits for those under age 21, and a limited permit is also unavailable if a conviction for driving under the influence of drugs or driving under the influence of alcohol and drugs is reported to the Department of Driver Services. A first lifetime DUI for a CDL holder disqualifies that person from operating a motor vehicle for a year. The judge will frequently require a clinical evaluation on a first offense.
Second Offense Within Ten Years
If you plead guilty, the fine will be not less than $600.00 nor more than $1,000.00 plus any surcharges. A period of imprisonment of not less than 90 days or more than 12 months is also prescribed, but the judge can suspend all but 72 hours of actual incarceration. You can expect at least 30 days (240 hours) of community service, DUI school, a clinical evaluation, seventeen weeks of treatment, and publication of your photograph in the newspaper. If it is a second conviction within five years, you can expect a three-year license suspension with the possibility of an ignition interlock permit after twelve months and reinstatement after eighteen months if you have completed DUI school, the clinical evaluation, and the treatment program. You will also have to surrender the license plates for any motor vehicles registered in your name.
Third Offense Within Ten Years
You will become a habitual violator and face a fine of not less than $1,000.00 or more than $5,000.00. The mandatory jail time is between 120 days and twelve months, although the court may suspend all but fifteen days of that time. You are also facing at least thirty days of community service, DUI school, clinical assessment, another treatment program, and publication of another photograph in the newspaper. Twelve months of probation less any time served is also mandated. If it is your third offense within five years, you will have your driver’s license revoked for five years and surrender the tags on any automobiles registered in your name. You may be eligible for an ignition interlock permit after two years and a provisional license after two and one-half years
Administrative License Suspension
Your driver’s license may be suspended before your criminal case is resolved. There are basically two ways that your license can be administratively suspended while the criminal case is still pending:
- If you refuse to take the state administered chemical test.
- If you submit to the state test and the result is at or above the per se limit. The per se limit is .08 for motorists age 21 or over, .02 for those under age 21, and .04 for the operators of commercial vehicles.
Following the arrest the officer is supposed to issue a sworn report to the Department of Driver Services if the person refused testing or if the test result is at or above the per se limit. This process is separate from the criminal proceeding and only concerns the privilege to drive. The administrative hearing is conducted by an Administrative Law Judge from the Office of State Administrative Hearings. If the officer issued the DS-1205 to initiate an administrative suspension, you have ten business days within which to request an ALS hearing. Effective May 13, 2010, this administrative hearing request must accompanied by a "filing fee" of $150.00. A check in that amount payable to the Georgia Department of Driver Services satisfies this requirement.
If a police officer reads the Implied Consent Warning to you in a substantially correct manner at the right time, you can suffer an administrative license suspension for one year (with no limited permit) if you refuse the test. If this occurs, the only way to get your license back early is to win your DUI case or have the case reduced to a non-DUI charge. If you did not request a hearing within ten business days, you license will be suspended after thirty days.
If this is a first administrative suspension for exceeding the per se limit within five years, you may obtain a 30-day limited permit and then reinstate your license if you have completed DUI school and paid the reinstatement fee. Any time you are administratively suspended will be credited toward a suspension resulting from a conviction for the underlying charge. Note: A limited permit is not available for commercial vehicles. For a second administrative suspension within five years, the period of suspension is for three years. License reinstatement is possible after eighteen months. For a third administrative suspension within five years, the suspension period is for five years with the possibility of a probationary license after two years. As a practical matter, most cases are disposed of within two years, so the conviction suspension rules will usually apply.
DUI Defense
Further information about Allen Trapp's experience with DUI defense can be found at the following websites:
Recent Cases
State v. .K.E., State Court of Coweta County
This man had been in Newnan on a business trip when he turned the wrong way into the eastbound traffic lanes on Bullsboro Drive. He was stopped by a Coweta County deputy and charged with DUI… Read more about this DUI case.
State v. M.S., Superior Court of Paulding County
This young man was stopped by a Paulding County deputy sheriff as he drove on a two-lane road approaching Dallas. The officer claimed that he had failed to maintain lane and after a brief “investigation” arrested the client for DUI. Read more about this DUI case.
