What do I need to do if I have been arrested for DUI in Georgia?
Once you have been arrested for DUI, the legal process has begun. There will be many questions about your case and what legal steps need to be taken to properly challenge your DUI case. The facts of your specific case will contain the answer to these questions. Every case is different and requires a different course of action.
Different DUI's in Georgia
A person is guilty of DUI-per se if he drives a car while his blood alcohol concentration is 0.08 grams or more at any time within three hours after such driving. OCGA § 40-6-391(a)(5).
Penalties for an alcohol DUI conviction in the State of Georgia
10 days - 12 months in jail, of which not less than 24 hours may be served on probation
Not less than 40 hours of community service, unless your Blood Alcohol Level was less than 0.08, where you may complete no less than 20 hours of community service
Completion of a state-certified risk reduction course/DUI School
Completion of a Drug and Alcohol Evaluation and compliance with any recommended treatment
Additional items may also be required such as attending AA meetings, Mothers Against Drunk Driving Victim Impact Panels (MADD VIP), or additional community service hours.
Further, your Georgia driver's license will be suspended as well. Typically if it is your first DUI conviction within the previous 5-year period, you may be eligible for an Affidavit For First Conviction within Five Years. You obtain this certified affidavit from the court at the time you enter a plea or are convicted of DUI. If you have obtained this affidavit from the court and have completed your Risk Reduction Course, then you may be eligible to obtain a limited driving permit so that you can drive to work, school, church, and required probation and community service facilities. Obtaining this permit is also contingent on whether or not you are subject to an administrative suspension of your license based on the Georgia Implied Consent law. If so, you may not be eligible for a limited driving permit. After 120 days, you will be eligible to have your regular license reinstated by paying a $230 reinstatement fee.
For a 2nd DUI conviction within the previous 5 year period (if over 21 years old):
A fine of not less than $600 nor more than $1000 (plus court costs and fees which can double this amount)
90 days -12 months in jail, of which not less than 72 hours may be served on probation (3 days is the minimum jail time)
Not less than 30 days of community service (240 Hours of community service)
Completion of a state-certified risk reduction course/DUI School
Completion of a Drug and Alcohol Evaluation and compliance with any recommended treatment
Additional items may also be required such as attending AA meetings, Mothers Against Drunk Driving Victim Impact Panels (MADD VIP), or additional community service hours.
Your Georgia Driver's License will be also be suspended. The period of suspension will be 18 months with a limited driving permit available after 4 months (with the court's permission) if an Interlock Device installed in your vehicle. Eligibility for this permit is again contingent on whether or not you are subject to other administrative suspensions under the Georgia Implied Consent law.
- DUI Per Se
A person is guilty of DUI-per se if he drives a car while his blood alcohol concentration is 0.08 grams or more at any time within three hours after such driving. OCGA § 40-6-391(a)(5).
- DUI Less Safe
- 30-Day Letter
- Arraignment
- Case Continues to Conclusion
Penalties for an alcohol DUI conviction in the State of Georgia
- For a 1st DUI conviction in lifetime (if over 21 years old):
10 days - 12 months in jail, of which not less than 24 hours may be served on probation
Not less than 40 hours of community service, unless your Blood Alcohol Level was less than 0.08, where you may complete no less than 20 hours of community service
Completion of a state-certified risk reduction course/DUI School
Completion of a Drug and Alcohol Evaluation and compliance with any recommended treatment
Additional items may also be required such as attending AA meetings, Mothers Against Drunk Driving Victim Impact Panels (MADD VIP), or additional community service hours.
Further, your Georgia driver's license will be suspended as well. Typically if it is your first DUI conviction within the previous 5-year period, you may be eligible for an Affidavit For First Conviction within Five Years. You obtain this certified affidavit from the court at the time you enter a plea or are convicted of DUI. If you have obtained this affidavit from the court and have completed your Risk Reduction Course, then you may be eligible to obtain a limited driving permit so that you can drive to work, school, church, and required probation and community service facilities. Obtaining this permit is also contingent on whether or not you are subject to an administrative suspension of your license based on the Georgia Implied Consent law. If so, you may not be eligible for a limited driving permit. After 120 days, you will be eligible to have your regular license reinstated by paying a $230 reinstatement fee.
For a 2nd DUI conviction within the previous 5 year period (if over 21 years old):
A fine of not less than $600 nor more than $1000 (plus court costs and fees which can double this amount)
90 days -12 months in jail, of which not less than 72 hours may be served on probation (3 days is the minimum jail time)
Not less than 30 days of community service (240 Hours of community service)
Completion of a state-certified risk reduction course/DUI School
Completion of a Drug and Alcohol Evaluation and compliance with any recommended treatment
Additional items may also be required such as attending AA meetings, Mothers Against Drunk Driving Victim Impact Panels (MADD VIP), or additional community service hours.
Your Georgia Driver's License will be also be suspended. The period of suspension will be 18 months with a limited driving permit available after 4 months (with the court's permission) if an Interlock Device installed in your vehicle. Eligibility for this permit is again contingent on whether or not you are subject to other administrative suspensions under the Georgia Implied Consent law.
- Commercial Driver's Licenses
- DUI Under 21 years old