DUI

DUI

Atlanta DUI Lawyer

When people think of DUI, alcohol immediately comes to mind.  However, there are several types of 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/or driving under the influence of combined substances. The State can also charge with DUI even if you refuse to provide a blood, breath, or urine sample.

Whether it’s your first DUI, second DUI, or third DUI, the stakes are high.  There is no pretrial diversion or First Offender for DUI.  Therefore, if you are convicted of a DUI or plead guilty, it will remain on your record forever. Those convicted of a DUI may also have trouble getting or keeping a job, may be prevented from obtaining professional or state licensing certifications (e.g., drivers, teachers, doctors, attorneys), and may have their auto insurance rates increased.

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%.

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.

Handing a DUI is a very time-sensitive matter.  To prevent your license from automatically being suspended on the 46th after your arrest, you can request an ALS Hearing. An ALS hearing request must be filed within 30 calendar days of your arrest. You can also apply for an ignition interlock device limited permit, but it has also must be requested within 30 calendar days of your arrest.  If you choose to do nothing within 30 days calendar days of your arrest, your license can be suspended for a year.

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