Driving Under the Influence: DUI

In Georgia, there are two common ways that a person finds themself facing a DUI charge. 

1. Is the individual is charged with operating a motor vehicle while having a blood alcohol content of 0.08% or greater, and being over the age of 21 and having to defend a DUI Per Se charge. 
   
   
2. Is the individual is charged with the operation of a motor vehicle in a manner that is less safe. Generally, a less safe DUI involves an unknown blood alcohol content, a blood alcohol content less than 0.08% alcohol and a less safe act, or a presence of drugs in your system. In Georgia, there is no legal threshold for an amount of illegal drugs in your system that is safe to drive on. Likewise, it is important to note that just because your doctor has prescribed them to you does not mean it is legal for you to take the drugs and then operate a motor vehicle. A chemical test of your blood, breath, or urine is not needed for a conviction of DUI less safe. If you are charged with a DUI due to drug use, or a refusal of an alcohol test, then you will oftentimes be charged with DUI Less Safe. 

IMPORTANT NOTICE:

Through the course of a DUI arrest, we often see an officer proceed against a Defendant in what is called an Administrative License Suspension (A.L.S.). This is an Administrative, think Civil, action against the Defendant's privilege to drive. It is incredibly important that these administrative license suspensions are appealed timely and correctly. Under Georgia law, currently, you only have 30 days to appeal an Administrative License Suspension related to an automobile and 10 days for a boating Administrative License Suspension. 

While many DUI arrests do not result in a conviction, it is important to note the statutory minimums for a DUI as set by the state legislature. The time between DUI's is measured from arrest dates and not conviction dates. It is clear to see how these convictions aggravate and it is important to beat a DUI even if you do not think you will ever be in this position again. 

Statutory Minimums if Convicted:

Punishment for a 1st DUI in 10 years:

• • DUI risk reduction school;
  • Fine of not less than $300.00 and no more than $1,000.00;
  • License suspension of 120 days - limited permits for school, work, medical appointments, and other hardship might be available during the 120-day suspension;
  • 40 hours of community service;
  • Up to 12 months in jail- often this is suspended or probated to not require additional jail time; and
  • Clinical Drug and Alcohol Evaluation.

Punishment for a 2nd DUI in 10 years:

• • DUI risk reduction school;
  • Fine of no less than $600 and no more than $1,000.00;
  • 90 days to 12 months in jail, all but 72 hours of which can be probated;
  • 30 days community service;
  • 12 months probation, less any days incarcerated; and
  • Clinical Drug and Alcohol Evaluation.

Punishment for a 3rd DUI in 10 years: High and Aggravated Misdemeanor:

• • DUI risk reduction school;
  • Fine of not less than $1,000.00 no more then $5,000.00;
  • 120 days to 12 months in jail with minimum of 15 days incarceration with the remainder served on probation;
  • 30 days community service;
  • Clinical Drug and Alcohol Evaluation; and
  • 12 months probation, less any days incarcerated.
    

Punishment for a 4th DUI in 10 years: Felony:

• • DUI risk reduction school;
  • Fine of not less than $1,000.00 no more than $5,000.00
  • 1 year to 5 years incarcerated - a minimum of 90 days to served with a possibility of the remainder being probated;
  • 60 days community service;
  • Clinical Drug and Alcohol Evaluation; and
  • 5 years probation, less any days incarcerated.
    

The Importance of mitigating a DUI charge

1. Eventually, they will constitute a Felony charge if you get enough convictions
   
   
2. Insurance premiums will increase when your insurance provider is notified of DUI conviction; 
   
   
3. Driving Privilege can be greatly impacted by a DUI and most certainly impacted by a 2nd DUI in 5 years.  
   
   
4. A DUI can bleed over into your otherwise healthy life impacting elements including but not limited to:
   
   • Work and employment;
   • Child Custody issues;
   • Privileges to drive;
   • Jail time; and
   • Social considerations.