Atlanta DUI Lawyer
Being charged with a DUI for the first time can be a scary experience and you may not know what to expect. Law Office of Shania King, LLC can guide you through the process at every stage and give you solid guidance so that you can make the best possible choices. Call today at (678) 793-7975 so that we can discuss your case and begin preparing your defense.
Georgia DUI Laws
In order to be convicted of DUI, it must be shown that you were driving or in actual physical control of a moving vehicle. The legal limit in Georgia for drivers over 21 is a BAC of 0.08%.
There are different ways of committing DUI. You can be convicted of driving under the influence of alcohol (per se), driving under the influence of alcohol (less safe), driving under the influence of inhalants, driving under the influence of drugs, and driving under the influence of combined substances.
In Georgia, the look back period for repeat DUI offenses is ten years. Prior to 2008, the look back period was five years. So if the subsequent DUI offense occurs outside the ten year look back period, it will be treated as the first DUI offense. Each conviction within a 10 year period leads to higher and higher penalties.
Please note that that 10 year look back period is for the criminal DUI action only. The look back period for the administrative action (civil action—driver’s license suspension) is still only five years. Therefore, the administrative license suspension penalty is based on the number of DUI arrests within five years.
First Georgia DUI Penalties
- $300-$1,000 fine plus any statutory charges
- 10 days to 12 months in jail (the judge may suspend all but 24 hours)
- Suspended license for up to one year. If you are under the age of 21, your license will be suspended for 6 months (if your BACis under 0.08%) or 12 months (if your BAC is 0.08% or higher)
- $210 fee for license reinstatement
- DUI Alcohol or Drug Risk Reduction program and all associated costs
- Minimum of 40 hours of community service
- Possible imprisonment of up to one year
- Possible limited driving permit. You may apply for a limited permit, which is valid in Georgia only, and seek reinstatement of your driver's license after 120 days if you have successfully completed DUI school and paid the $210 reinstatement fee. However, a limited permit is not available for a DUI Under 21 or a CDL DUI. Also, a limited permit is not available for a conviction of DUI Drugs or DUI combined with alcohol and drugs.