Georgia DUI Laws
If you have questions about Georgia DUI Laws, professionals from The Office of ALJ, PC can offer information and advice. Call us to schedule a consultation.
Overview of Georgia DUI Laws
In Georgia, driving under the influence is a serious crime. DUI offenders are subject to severe punishments and consequences that will negatively affect their future.
A DUI conviction in Georgia can result in high fines, lengthy jail terms, and other penalties. In addition, your drunk driving accident can result in civil penalties.
Here we’ll cover all you need to know about Georgia DUI laws and how a DUI defense attorney may help you out if you are arrested.
Georgia DUI Consequences
In Georgia, a blood alcohol concentration of 8% is the legal limit for DUI.
For drivers under 21, however, there is zero tolerance for drunk driving. Intoxication is defined as having a blood alcohol concentration (BAC) of .02 percent or higher.
For commercial drivers, a BAC of .04 percent is the legal limit. You will lose your commercial driver’s license for at least a year if you are convicted of DUI while operating a commercial vehicle. Due to the considerable risk that commercial truck accidents entail, the legal blood alcohol limit for truck drivers is lower.
Depending on whether you have had prior DUI convictions within ten years, a DUI conviction can result in a year of jail time and fines of up to $5,000.
The following consequences may also result from DUI convictions:
- Probation
- Several hours of community service
- Installing an ignition interlock system
- Risk reduction school attendance (commonly referred to as DUI school)
- Pay the reinstatement fee for a license
- Driver’s license suspension
DUI alcohol charges are often misdemeanors. On the other hand, a third DUI results in an aggravated misdemeanor charge. A third DUI may also result in habitual violator status.
A fourth or subsequent DUI carries a felony charge, which carries a five-year prison sentence.
DUI arrests may result in other consequences as well. If you are found guilty of drunk driving, your auto insurance will go up. You may need SR-22 insurance, which is expensive, depending on your driving record. You may lose your job if you lose your license.
In the case of an accident caused by driving under the influence, you could face extra criminal charges and punishments. However, you may also face expensive civil fines if others were injured in that accident.
Can a DUI Be Expunged From Your Record in Georgia?
In Georgia, DUI penalties cannot be expunged from your record, so once you have been charged with a DUI, this is the only opportunity you have to avoid conviction and the associated consequences.
It’s crucial to take every precaution to defend against these allegations and keep them off your record because they could negatively impact your ability to vote, find a job, and rent a home, among other things. The most effective approach to do this is to hire a skilled Georgia criminal defense lawyer.
Most Georgia prosecutors will be hesitant to drop DUI charges unless your constitutional rights are violated. For instance, if the police pulled you over without probable cause, if they had insufficient evidence, or if they made procedural mistakes in gathering evidence, you may have been the victim of a breach of your rights, which could result in the charges against you being dropped or reduced.
There is also the possibility that the evidence used to prove your DUI (usually a breathalyzer test, a field sobriety test, or a blood test) was handled or tested improperly.
However, having a lawyer who fights for a reduction in your charges from a felony to a misdemeanor is the much more likely route to avoiding a conviction for a felony DUI. If you have never been charged with DUI before, your chances of having your felony DUI case reduced to a misdemeanor reckless driving charge are stronger.
Can DUI Conviction Cause a Driver’s License Suspension in Georgia?
Georgia drivers who are arrested for DUIs can have their licenses suspended for a period of one year. Drivers who have 15 or more points within 24 months will also be suspended, as will those under 18 if they have four points within a year.
If your license is suspended, you have 30 days to apply for a limited driving permit that will enable you to drive to work, to doctor’s appointments, to pick up your kids from school, and for other specific purposes. You are not qualified for a permit if you have a “hard suspension” due to your refusal to submit to testing during the DUI arrest.
How Can an Attorney Help If You Have a DUI in Georgia?
While all the aforementioned DUI-related crimes have serious repercussions, an accomplished Georgia criminal defense attorney can ensure you never suffer those repercussions or, at the absolute least, lessen their severity. Depending on the specifics of your case, a Georgia DUI attorney may employ some of the following defenses against DUI accusations:
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There was no valid justification for the arresting officer to start an investigation
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There was insufficient evidence to make an arrest
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When you were arrested, a breathalyzer gave false findings
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The blood or breath sample was acquired or evaluated inappropriately
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The arresting officer improperly performed your field sobriety tests
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Your legal rights were compromised
Contact Convenient DUI Defense Attorneys in Georgia
DUI in Georgia requires aggressive legal representation. You cannot handle this situation on your own. Your lawyer will fight to have the charges dismissed, so you can resume driving.
Your Georgia DUI lawyer can help you seek compensation even if you’re a personal injury victim.
To schedule a meeting with our firm, contact the Office of ALJ, PC, today.
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