THE MOST FREQUENTLY ASKED QUESTIONS ABOUT DUI
WHAT ARE THE LEGAL LIMITS OF ALCOHOL IN GEORGIA?
A reading of 0.08 within 3 hours of driving is considered DUI if you are 21 or over. A reading of 0.02 within 3 hours of driving is considered DUI if you are under 21. A reading of 0.04 within 3 hours of driving is considered DUI if you are in a commercial vehicle. The “less safe” provision of Georgia DUI statutes says that the State must prove alcohol and/or other intoxicants caused the driver to be less safe. Being at/over the the limit of 0.08 raises the presumption of intoxication.
WHAT IF I HAVE A COMMERCIAL DRIVER’S LICENSE? (A CDL)
If you have a CDL, tested at 0.04 or above and were in a commercial vehicle, you are subject to the 10 Day Rule and must file an appeal to request a special hearing within 10 days to contest the suspension of your driver’s license. If you have a CDL, tested at 0.04 or above, and were driving a commercial vehicle, or tested at 0.08 or above and were driving a private vehicle, or refused to take the test, your CDL was probably suspended at the time of your arrest. This is because Federal Regulations require you to have your CDL physically with you when driving a commercial vehicle. If your CDL was taken by the law enforcement officer you may not drive a commercial vehicle until your CDL is in your possession. You may still be able to drive your personal vehicle, but you should contact me so we can ascertain the details of your suspension.
WHAT IS THE 10 DAY RULE?
The 10 Day Rule states that you must file an appeal to request a special hearing in front of the an Administrative Law Judge within 10 business days of your arrest in order to contest the suspension of your driver’s license. This hearing is separate from and different than your criminal case, and you probably were not told about it during your arrest. This is often a point of confusion.
DON’T LOSE YOUR LICENSE!
Contact me immediately so we can request this hearing on your behalf. Are you required to file for this hearing? Click here to see.If you fall under the jurisdiction of the 10 Day Rule, we need to take immediate action. Click here for contact information. We will file for this hearing immediately and do everything in our power to ensure that you retain your license. We will need you to fax your suspension notice, sometimes referred to by law enforcement as your “temporary driving permit.” The lower left hand corner should say DMVS Form 1205.
WHAT ARE THE PENALTIES FOR DUI IN GEORGIA?
DUI is one of the toughest convictions in Georgia. Judges do not go easy on guilty verdicts. The punishment can be extreme and usually includes suspension of license, jail time, probation, community service, driving school, and treatment. Additionally, there is a permanent scar on your record that will raise your insurance rates, and will make it difficult to get a license, rent a car, and obtain jobs with certain employers. To mitigate or altogether circumvent these multiple undesirable outcomes, contact me. I possess the knowledge and expertise to keep this from happening to you.
SENTENCING REQUIREMENTS FOR DUI
Statute in effect as of July 1, 2001
1st DUI CONVICTION IN 5 YEARSNo 1st offender treatment
Jail Time – MUST SERVE 24 HOURS 10-day minimum/12-month maximum Fine – $300 minimum/$1,000 maximum Community Service – not less than 40 hours Risk Reduction/DUI School License suspended for 12 months, limited driving permit allowed Probation – 12 months’ reporting, regardless of paying fine early 2nd DUI CONVICTION IN 5 YEARS
Jail Time- MUST SERVE 72 HOURS 90-day minimum/12-month maximum Fine – $600 minimum/$1,000 maximum Community Service – not less than 240 hours Risk Reduction/DUI School Mandatory Alcohol Evaluation and/or treatment License suspended for 3 years; no permit for 12 months; 6 month permit follows. Probation – 12 months’ reporting, regardless of paying fine early Picture in Paper – photograph of Defendant must be published in newspaper Ignition Interlock Device mandatory on all cars you own or operate for 6 more months after first 12 months with no permit; may obtain limited driving permit for 6 months. 3rd DUI CONVICTION IN 5 YEARS
Jail Time – MUST SERVE 15 DAYS 120-day minimum/12-month maximum Fine – $1000 Minimum/$5,000 Maximum – Court may suspend fine if Defendant ordered into treatment program Community Service – not less than 240 hours Risk Reduction/DUI School Mandatory Alcohol Evaluation and/or treatment License revoked for 5 years as Habitual Violator Probation – 12 months’ reporting, regardless of paying fine early Picture in Paper – photograph of Defendant must be published in newspaper Habitual violators lose license for 5 years. Probationary license available after 24 months.
Defendant Under 21:
Driver’s license suspended. 1st violation – 6 months; 2nd violation – 1 year If < 0.08, then license suspended 1 year for 1st violation Defendant may be segregated from general population and serve weekends for 1st conviction Subsequent convictions cannot be segregated or weekends § 17-10-3.1 Child Endangerment:
If Defendant had child < 14 in car, then sentenced according to §16-12-1; $1,000 fine and up to 12 months. License Plate: § 40-2-136 If Defendant is a Habitual Violator, then Defendant must surrender the license plate of the vehicle he was driving, and if it was not his, the license plate of any vehicle he owns The COURT must: 1) Notify the Department of Public Safety within 10 days 2) Give the Defendant a receipt 3) Forward the tag to the local tag agent
WHAT IF I AM UNDER 21?
A blood alcohol level of just 0.02 within three hours of driving is sufficient for a DUI conviction Your license is SUSPENDED; therefore it is necessary to go through the ENTIRE PROCESS of obtaining a license again If your blood alcohol level is less than 0.08, then your revocation is for 6 months If your blood alcohol level is greater than 0.08, then your revocation is for 1 year