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GEORGIA DUI LAW
What is the punishment for a DUI offense?
There are three ways that a DUI offender can be punished, these are (1) a jail sentence, (2) fines, and (3) license suspension. The judge in your case can impose a jail sentence and a fine. The Department of Public Safety (commonly known as "DPS" or "the State Patrol") can 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 $1,000.00 (and sometimes up to $5,000.00) 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 $1,000.00 fine -- it just means that he or she can impose such a sentence if he or she sees fit.
What happens if I get multiple DUI’s within five years?
The following is a brief summary of DUI law in Georgia:
1st 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 suspension. Permit may be issued for four months. License may be reinstated if DUI school completed and fee paid.
2nd DUI IN 5 YEARS
Community Service: 80 hours minimum.
Jail: Minimum of 48 hours up to one year in jail.
Fines: $600 to $1,000
License Suspension: 3 year suspension. After 4 months (with no permit to drive), mandatory ignition interlock for 6 months, then License can be reinstated if driver has done counseling, DUI school completed and fee paid.
3rd DUI IN 5 YEARS
Community Service: 20 days minimum.
Jail: Minimum of 10 days up to one year in jail.
Fines: $1,000 to $5,000
License Suspension: 5 year license suspension. A 3rd DUI in 5 years results in habitual violator suspension and if the offender drives after being declared an 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, et cetera.
Is my license automatically suspended when I get arrested for DUI?
If the arresting officer has completed DPS Form 1205 (a "sworn report") and mailed that form to DPS, then your license will be suspended effective on midnight on the 30th day following your arrest date. Your license can be suspended by DPS 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.
What are the blood alcohol limits which will invoke the Administrative License Suspension law?
(a) If you were 21 or older at the time of your arrest, and your blood alcohol level was .100 or higher at the time of testing; or
(b) If you were under 21 at the time of arrest and your blood alcohol level was .020 at the time of testing; or
(c) 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;
What if I refused to take a test, are their specific time limits imposed on you for a license suspension, and if so, can anything be done to shorten the suspension?
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)..
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