DUI Penalties Include Loss of Georgia Driver's License

By: William C. Head, Award-Winning Criminal Defense Attorney Atlanta and Board-Certified DUI Lawyer in Georgia

When our law office phone rings, and a caller asks us “how long do you go to jail for DUI?” our immediate response is that these punishments only apply IF convicted. This important starting point here is “if convicted.” Our law firm knows that our #1 job is to help our clients who are accused of violating Georgia DUI laws to avoid conviction on the driving under the influence charge.

If you ever wondered, “how much is a DUI ticket,” or “how much is a DUI fine,” this page outlines those tough punishments, if convicted of a 1st offense DUI. For those who plead guilty to DUI, their initial cost of a DUI is low, but their lifetime loss is usually in the hundreds of thousands or millions.

Total costs (for a contested DUI case) will run into the thousands of dollars, but (like having surgery) the litigation is more expensive than living with your medical problem. The lack of first offender Georgia expunction creates great demand for legal services of DUI defense attorneys who regularly win or at least can obtain a reckless driving GA disposition, and not DUI in GA.

Next, your possible minimum mandatory jail sentence for a first DUI conviction under Georgia law depends on prior DUI history (within a certain number of years) and several other factors. Car crashes and traffic fatalities are some of the obstacles presented to our law group’s lawyers in Atlanta, and are facts that our criminal attorneys near me must factor in.

Their next concern is that he or she save their drivers’ license. For either blowing over the legal alcohol limit GA or refusing to submit to breath or blood tests,

In most DUI arrests in GA, the officer issues a DDS 1205 form that calls for an administrative license suspension, under the provisions of the Georgia implied consent law. Implied consent statutes are targeted to coerce drivers to comply, so that numerical proof exists from a chemical test to show that it was less safe for the person to drive (alcohol) or incapable of driving safely after drug usage.

An administrative driver’s license suspension on a DUI refusal of post-arrest implied consent testing, can lead to total loss of all driving privileges for 12 months at the Georgia Department of Driver Services (Georgia DDS). Of all potential penalties for DUI, this loss of the ability to drive is the most crippling of DUI charges first offense.

Depending upon whether the driving under the influence case was based on alcohol or drug quantities in the person’s system, the driver’s license punishment (after a criminal conviction) can be greater for DUI-drugs. See Mr. Head’s legendary list of 97 Consequences of a DUI Conviction.

Because the Georgia first offender act is blocked by GA Code 40-6-391 (f), Georgia drinking laws have fewer options than sex crimes or felony drug possession charges. So, no record restriction or order of discharge for drunk driving or drugged driving exists, whether a guilty or nolo contendere plea is utilized.

On all first offense D.U.I. cases the availability of driving privileges (this is called early reinstatement) will require the driver to two things. First, obtain a clinical evaluation (for alcohol and drug dependency) from a state-approved counselor, to identify possible addiction issues.

Then, follow all treatment recommendations. If living outside of the State of Georgia, DDS GA has a link for approved programs in most states.

Second, DUI school must be successfully completed, which is a 20 hour course. These DUI classes are offered by various DUI schools on different days (or nights) to accommodate most offenders’ work schedules. This certificate is important and is now electronically transmitted to the DDS in Georgia.

Third, a license reinstatement fee of $200 (by mail) or $210 in person is required to be paid to Georgia DDS. This is true whether the driver is age 21 or over at the time of the case disposition. But, a D.U.I. in Georgia first offense under 21 may be delayed in regaining his or her driver’s license.

Any driver who (at the time of the guilty plea or trial resulting in a DUI conviction) is under age 21 cannot get a limited permit, even after a 1st offense DUI. A 1st offence DUI driver in Alabama could, but not for a first OCGA DUI conviction in Georgia.

Clients often ask our law group: “What is the DUI first offense jail time?” Our answer is, “only if convicted of impaired driving, as a general rule.”

Our law firm’s stated goals are to keep you driving and NOT have a DUI on your record. Call our office 24 hours a day for a FREE consultation: (404) 567-5515. Partners Larry Kohn, ex-cop Cory Yager and author of this article, Bubba Head, are ready to assess you case and find a solution to your legal problem.

Before you search for DUI lawyers near me, by understanding what you are facing, in a DUI first offense, you will be aware of the worst punishment, and be cognizant of the LIFETIME criminal record that a drunk driving conviction creates. You need a lawyer near me, but not all criminal defense lawyers are experienced and best equipped to fight for the optimal outcome of a DUI in GA. which is found in the impaired driving code section GA: 40-6-391.

Even if this is your DUI 1st offense arrest ever, do not think that DUI is no big deal. Don’t think that the judge will be lenient on you because this is your “first DUI,” since Georgia criminal laws are among the toughest driving under the influence statutes in America. So, the judge can’t do much to help a first time DUI in Georgia.

Georgia DUI sentencing laws for drunk driving rapidly increase in mandatory minimum punishments for those who reoffend. For those asking, can you go to jail for a DUI,” the truth is YES. But, and jail time or DUI costs at court are a mere pittance, compared to insurance premium hikes and future job challenges you will face with a first DUI in GA.

For the last two decades, the nolo contendere plea has been virtually unavailable to drivers and does not prevent the offense being listed as a “conviction.” For this reason, retaining legal counsel IMMEDIATELY is critical, to protect the evidence that may otherwise disappear.

Plus, not only do our State’s laws cover driving under the influence of alcohol or drugs, but also other substances and chemicals of ANY type, including noxious vapors (like sniffing glue). The license suspension for DUI-drugs is far tougher than for alcohol. Plus, the education programs used by some judges for DUI-drug offenses is more costly and time-consuming.

The Georgia Legislature has seen fit to increase punishments within the Georgia Code for several categories of motorists, including the commercial driver (who has a CDL license and is in a big rig truck, bus or other commercial motor vehicle, as defined by GA laws). Underage drivers suffer more lengthy suspensions, as do any citizens convicted of DUI-drugs.

Plus, not only do our State’s laws cover driving under the influence of alcohol or drugs, but also other substances and chemicals of ANY type, including noxious vapors (like sniffing glue). The license suspension for DUI-drugs is far tougher than for alcohol. Plus, the education programs used by some judges for DUI-drug offenses is more costly and time-consuming.

The Georgia Legislature has seen fit to increase punishments within the Georgia Code for several categories of motorists, including the commercial driver (who has a CDL license and is in a big rig truck, bus or other commercial motor vehicle, as defined by GA laws). Underage drivers suffer more lengthy suspensions, as do any citizens convicted of DUI-drugs.

A few drivers from other states think that the demerit point system for traffic tickets applies in Georgia. Our sister state, South Carolina, does put 6 points on a person’s license, if convicted of a SC DUI. In other states, the number of points is unique to that state, but Georgia DUI law totally suspends, and therefore does not add points.

Other Helpful Links

• Georgia DUI sentencing grid
• How much does a DUI cost over ten years?
• Is a DUI a felony in Georgia?
• If convicted of a felony for a 4th DUI offense, what is the maximum prison time?
• Under provisions of OCGA 40 6 391, what are the DUI punishment categories?