DUI FAQ

Why hire a DUI attorney?

Defending charges of DUI has become a specialized practice of law, and Ted Morgan Law dedicates a significant part of his practice to studying the techniques, strategy and latest legal developments in this area.  Some attorneys accept representation of DUI cases for the quick fee and a guilty plea. WE DO NOT.  We guide you through the legal process using all the facts and particular circumstances of your case and apply a matrix of strategy and legal defenses to help defeat the charge of DUI. We strive for ways to beat the DUI. If we cannot, we strive to have those charges reduced and we work to minimize or eliminate any jail time or driver’s license suspension. 

What is the 30-day deadline? What is DDS Form 1205

If you have been arrested for DUI in the State of Georgia and the arresting officer issued a DDS Form 1205, you have thirty (30) days to file a “Request for Hearing” (aka the “RFH”) with the Georgia Department of Driver Services or else your driver’s license is automatically suspended for one (1) year.  New Law: GA law now requires a filing fee of $150.00 when you file your DDS Request for Hearing.  And, do not be fooled, there are important decisions one must make BEFORE the 30-day deadline. 

If you are arrested and charged with driving under the influence of alcohol in the State of Georgia, the 30 days following the date of your arrest is a crucial period of time.  If you fail to follow the requisite steps, the Georgia Department of Driver Services (DDS) WILL AUTOMATICALLY SUSPEND YOUR DRIVER’S LICENSE before you ever appear in court or have a chance to defend the charges against you.  It is a separate administrative process brought by GA DDS.  While you may still have a chance to beat the DUI charge, your license will be administratively suspended for a period of time, usually one (1) year. And depending on the facts of your arrest, you will have limited ability to shorten the administrative suspension.

We take control to avoid suspension of your driver’s license. First, we contact the arresting officer. Immediately, we file your RFH requesting a hearing from the Georgia Department of Driver Services (“DDS”) within thirty (30) days of your arrest, because failure to do so causes an immediate suspension of your driver’s license (or privilege to drive in GA if you are a non-resident driver licensed out of state), and this administrative suspension oftentimes is irreversible once you miss the 30-day deadline.  If the arrested driver does not properly file the RFH and pay the filing fee within thirty (30) days, the suspension becomes effective automatically on day 45 from the date the DDS Form 1205 is issued to the driver by the arresting officer. 

The Administrative Case:  Georgia Department of Driver Services (DDS)

The Administrative License Suspension (“ALS”) is a separate animal from the criminal charge of DUI and oftentimes operates independently of the criminal process.  Georgia DDS can and will suspend your driving privileges before the criminal charge is resolved absent proper and competent legal representation. If arrested for DUI in Georgia, the arresting officer first serves you with DDS Form 1205, after which the Georgia Department of Driver Services (DDS) opens a separate administrative license suspension case against you if (A) you refused to submit to the official state test of blood, breath, or urine, OR (B) if you submitted to and have a state-approved test result (e.g. a breath test on the Intoxilyzer 9000) of 0.08 or higher if age 21 or more, .04 or higher if operating a commercial vehicle under a CDL, or .02 or higher if under age 21. 

Failure to properly respond to DDS Form 1205 will result in a suspension of your driving privileges without further notice.  This means you will lose your driver’s license PRIOR to any plea agreement, investigation of the criminal charges against you. The license suspension is effective automatically unless you file a Request for Hearing and pay the filing fee ($150) within 30 days after the date of arrest.  Filing a Request for Hearing buys you some time and possibly, with the help of a good DUI attorney, prevents any suspension from occurring.  Yet another reason to call a DUI attorney … to file your Request for Hearing and hopefully avoid the administrative suspension of your driving privileges in Georgia.

What is a ‘per se’ DUI?

A charge of DUI Per Se (pronounced “per say”) means by statute the facts of your case constitute a violation of law. Under DUI laws in most any state, it means the results of the state-administered test of your blood, breath or urine yield a blood alcohol concentration exceeding the state law threshold for legally operating a motor vehicle on the highway.

In most if not all 50 states in the U.S., driver’s age 21 or older are deemed DUI per se if the blood-alcohol concentration is 0.08 grams of alcohol per 1 liter of blood (aka 0.08 or higher) .

In Georgia, DUI per se provides as follows:

• For drivers 21 years old and over, a driver found with blood alcohol concentration (“BAC”) of greater than or equal to 0.08g/L is deemed in violation of Georgia DUI laws, aka “per se” DUI.
• For drivers under 21 years of age, a per se DUI arises with a BAC greater than or equal to 0.02g/L.
• For drivers in control of any moving commercial motor vehicle, a per se DUI arises with a BAC greater than or equal to 0.04g/L. Note, different rules apply to driver’s holding a CDL; this rule applies to any driver operating a commercial motor vehicle with a BAC of 0.04 or higher. 

What is a ‘less safe’ DUI?

In most if not all 50 states in the U.S., a driver can be convicted of DUI if the driver is under the influence of drugs or alcohol to the extent it is less safe for the person to drive. Proof of the “less safe” DUI does not require the State to prove the level of the blood-alcohol concentration.

Georgia and Alabama prosecute DUI based upon the “less safe” standard when a blood-alcohol test is not available, and the punishment for conviction under this prong of the DUI law is virtually identical to the “per se” DUI, for all practical purposes, including suspension of your driver’s license and reinstatement requirements, with limited exceptions. The biggest difference is the elements of proof the State must show, including one’s impairment to drive, not necessarily required when the State can prove the driver had a BAC in excess of state limits. In other words, when the State cannot prove one’s blood-alcohol content, the State must prove you were impaired, or “less safe” to drive due to being under the influence of drugs and/or alcohol. 

In most any state, “less safe” means the police officer, after observing various factors surrounding your driving, conduct, speech and roadside Field Sobriety Tests, believes your intoxication renders you “less safe” to drive.  The officer will testify he observed bad (unsafe) driving, sluggish mannerisms, unsteady walk, slurred speech, bloodshot and/or glassy eyes, and anything else you do at the scene which makes you look intoxicated.  Conviction under this prong of the law does NOT require a BAC test result.

What are your rights at the scene?

If you are driving a motor vehicle on the public roads in the State of Georgia, then the city/county/state police officers have fairly broad discretion in requesting that you stop your vehicle for questioning and investigation of certain irregular driving and/or other traffic offenses.  Here is a broad-brush view of your rights after being “stopped” by a police officer who observes some kind of erratic driving, a violation of Georgia Rules of the Road (ran a red light), or other traffic stop.

What is a Field Sobriety Test; and am I obligated to submit to the tests?

Motorists suspected of driving under the influence are commonly asked by police officers to perform one (1) or more standardized field sobriety test (SFST).  The police officer uses the standardized field sobriety tests to assess whether a motorist is under the influence of alcohol or drugs.  The driver’s performance on these standardized field sobriety tests oftentimes serves as the foundation for legal probable cause to support the officer’s arrest for DUI.  These same field evaluations and observations during field sobriety testing oftentimes becomes part of the State’s evidence in support of a conviction for DUI at trial.

In fact, the Georgia Peace officer Standards and Training Council (“POST”) has adopted only three (3) field sobriety tests as the exclusive field tests taught by POST to Georgia law enforcement officers. These tests, sanctioned by the National Highway Traffic and Safety Administration (“NHTSA”) are as follows:

1.  Walk and Turn Test;
2.  The One-Leg Stand Test; and
3.  The Horizontal Gaze Nystagmus (HGN) Test.

Note, there are other tests and procedures for testing one’s influence of drugs approved by NHTSA and Georgia POST. 

In addition, an Alco-Sensor, a portable breath testing device, has traditionally been used by Georgia police officers in determining whether or not a motorist is under the influence of alcohol. Essentially, the Alco-Sensor serves as an initial alcohol screening test while the motorist is roadside.  Unlike the numerical results yielded from the Intoxilyzer 9000, the numerical results from the Alco-Sensor are not admissible at trial as evidence of the amount of alcohol in a person’s blood and its numerical reading has been rejected at a probable cause hearing by the Georgia Court of Appeals.  The majority view holds that the Alco-Sensor numerical results may not be used as evidence of the amount of alcohol or drug in a person’s blood; however, the officer may testify whether the test was “positive” for alcohol or whether the motorist “passed” or “failed” the Alco-Sensor test.  As explained below, the field sobriety tests and the Alco-Sensor are “voluntary” and therefore the Georgia motorist cannot be required to submit to any one or more of these tests prior to being arrested for DUI.  Many well-respected experts contend these tests are designed for failure.  For example, the “one-leg stand” test generally requires the driver to raise one leg, keeping the raised foot approximately six inches (6”) off the ground, foot parallel to the ground, keeping both legs straight and arms at sides, keeping eyes on the elevated foot and counting out loud, “1001, 1002, 1003” and so on, until told to stop.  This task should be completed for no less than thirty (30) seconds.  Deficiency clues include if the driver sways while balancing, uses arms to balance, hops, or puts the raised foot down prior to being told to do so.

Is the driver required to submit to field sobriety tests?

NO. The arresting officer may tell you that these tests will “set you free,” but in fact, these tests are designed to give the Officer probable cause to support the arrest for DUI. In Georgia, a driver is not required to participate in any field sobriety tests requested by the Officer, nor are you required to give the Officer a reason for your refusal. This includes the infamous hand-held alcohol Alco-Sensor screening test (a/k/a Portable Breath Test) which most officers carry and will ask you, “will you blow into the PBT?”  DO NOT CONFUSE THE PBT WITH THE INTOXILYZER 9000 BREATH ALCOHOL TESTING INSTRUMENT WHICH IS NOT PORTABLE AND WHICH TYPICALLY IS NOT ADMINISTERED ROADSIDE.

In Alabama, the state-approved breath testing device is known as the “Draeger” breathalyzer.  This test, and the Georgia Intoxilyzer 9000, are typically administered immediately following arrest or as soon as one is booked into the local county jail. With the exception of some larger counties in the metro-Atlanta area, these devices are not brought to the scene of the arrest and thus are not administered roadside. 

What is a legal ‘stop’ by the police officer? Is the driver required to stop?

This is a difficult question and one which has generated numerous legal standards and “guideposts” from as high as the United States Supreme Court and Georgia appellate courts, attempting to help trial judges, prosecutors and defense attorneys decide the threshold questions related to the officer’s “stop.” 

If a driver is pulled over where there is no legitimate traffic offense or violation and no other evidence of DUI sufficient to form a reasonable articulable suspicion, the stop is generally not legal. See, Muhammad, 304 Ga. App. 230 (2010); Parke, 304 Ga. App. 124 (2010).

Under Georgia law, a police officer may conduct a brief investigative stop of a vehicle if the stop is justified by specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion by the officer.  This kind of stop is authorized if the officer reasonably believed that he or she observed a traffic violation (even if it turns out there was no violation).  This standard is akin to and almost identical to the standard set forth for a “Terry” stop.

The police officer pulls up to the parked car and hits the blue lights or otherwise indicates the driver is not free to leave without a reasonable articulable suspicion of a crime.

Examples of situations where the initial stop is not “legal” include:

• Where a driver is pulled over based on an uncorroborated tip that a crime is being committed;
• Where an investigative detention is based upon the officer’s hunch or a mere suspicion that a crime is being or has been committed; and,
• Where a road block results in the stop and the road stop is deemed unreasonable and/or unlawful under applicable state law.

Is the driver required to stop?

YES, generally.  The U.S. Supreme court has made it clear in a traffic-stop setting, an investigatory stop is permissible whenever it is lawful for police to detain an automobile and its occupants pending some inquiry into a traffic violation. The police do not need cause to believe someone in the vehicle is also committing a crime to simply stop the vehicle for a traffic violation. Once stopped, police may briefly detain the vehicle and its occupants for sufficient time to complete the investigation of the offense which lead to the original stop, unless police have reasonable suspicion or probable cause to believe another crime is being committed. Otherwise, a person has the right to be left alone unless there is a legitimate public safety or national security reason to disturb him.  In addition, there are three (3) levels of police-citizen encounters:

1.  The friendly or consensual;
2.  Investigative detention; and,
3.  Arrest.

The Fourth Amendment of the U.S. Constitution applies only to the last two (2) of these three (3) police-citizen encounters. It is the police power of the state to protect its citizens and exercise police power for the protection and betterment of its citizens, which gives an officer the right to patrol the public streets and stop a private citizen driving a vehicle. Generally speaking, it is the 4^th Amendment which protects the citizens against unreasonable search and seizure of one’s property or person.

What does ‘implied consent” mean in Georgia?

Georgia, and like practically every other state in the U.S., provides that every driver licensed driver in the State of Georgia, by accepting the privilege and license to drive, gives consent to the State of Georgia (e.g. the police officer) to take a sample of his/her blood, breath or urine for purposes of determining if the blood alcohol content exceeds the state legal limit for being under the influence of alcohol while driving. Hence, the name “implied” consent to the test(s).  Correspondingly, State law provides you, the driver, have a right to an independent test of your blood, breath or urine tested at a proper facility (e.g. local hospital) at your own choosing but only if you give your consent to allow the officer to first take the State’s test. 

See elsewhere herein, “What is the 30-day deadline? What is DDS Form 1205; and “What is a Refusal DUI?” 

What test(s) of blood, breath or urine are you required to give the officer?  Is the driver required to submit to a test of the driver’s breath, blood or urine to determine if the driver is under the influence of alcohol or drugs?

            Answer – No, generally, you are not required to submit to the Officer’s request for a breath, blood or urine test. However, there are significant implications in the administrative suspension of your license and the prosecution of the DUI case itself should you “refuse” the state-administered chemical test. This is the subject of complex issues raised under the federal and state of Georgia Constitution, and the legal fiction of “implied consent.”

Implied Consent describes the legal fiction that any driver accepting the state-issued license to drive has implicitly consented to submit to certain chemical testing of the driver’s blood-alcohol concentration if and when a police officer has legitimate cause to believe the driver is impaired and therefore driving under the influence of drugs or alcohol in violation of state law. 

Georgia’s Implied Consent statute literally provides that “any person who drives or is in actual physical control of any moving vehicle [...] shall be deemed to have given consent...” to a state-administered chemical test when requested to do so by a law enforcement officer acting within the scope of his lawful duties.  However, a DUI defendant is not required to submit to testing if he or she has not been properly informed of his implied consent rights, and generally, the officer must place the driver under arrest prior to giving the implied consent advisement and/or requesting a test.  The key here is (a) a valid arrest, and (b) whether the officer complied with Georgia statutory mandate which requires that at the time that the officer requests that the DUI defendant take a state-administered test, a specific advisement must be read to the defendant. 

However, a Georgia courts have recognized under the Constitution of the State of Georgia constitutional a driver’s right to refuse certain of such tests, and in some cases, the refusal cannot be admitted into evidence against the driver in the DUI criminal case. Nonetheless, although this refusal may not be used as evidence in the criminal case, under current Georgia law, the Georgia DDS may proceed with the administrative license suspension case against you and suspend your driver’s license if you refused the Officer’s request for a state-administered test to determine your BAC, whether it was a breath, blood or urine request.

What is a ‘refusal’ DUI?

The biggest impact of the “refusal” to submit to the police officer’s request that you submit to the state-administered test of your blood, breath or urine is undoubtedly the potential for an administrative suspension of your driver’s license. 

A Georgia driver has the right to “refuse” and not allow the officer to administer tests of the driver’s breath, blood or urine.  However, the “refusal” can have a significant adverse impact on the administrative license suspension case as well as the criminal DUI case.  The driver’s “refusal” to comply with the state-administered test of your blood, breath or urine can result in an automatic twelve (12) month administrative suspension of one’s driving privileges in the State of Georgia by the Department of Driver Services without a right to a limited permit, barring a dismissal or acquittal from the charge of DUI in criminal court. 

Although not always, oftentimes the “refusal” will be admitted into evidence in the trial of the DUI case.  Again, the key is whether the officer properly administered the implied consent warning and whether there are any legal challenges which will cause the trial judge to exclude the results of the test or the “refusal” from evidence in the trial.  In general, the Implied Consent Advisements must be given at the time of arrest, which is usually at the site of arrest (e.g. roadside).  Georgia law, O.C.G.A. § 40-6-392(a)(4) requires that a person be advised of his implied consent warnings “at the time of arrest.” As a general rule, an arrest for DUI is mandatory before Implied Consent Advisements can be given and a test of breath, blood or urine demanded by the officer.  Current Georgia case law provides one exception: when there is a traffic accident resulting in a serious injury and there is probable cause to arrest the driver for DUI, a physical arrest need not occur before the Implied Consent Advisement is read.  However, when there is no accident resulting in a serious injury, an arrest must precede the reading of the Implied Consent Advisements.  The need for implied consent is triggered at the point that a driver-suspect is not free to leave and a reasonable person in that position would not believe that the detention was temporary. 

In sum, Georgia case law provides many exceptions which relieve the officer from making the arrest prior to the Implied Consent Advisement and/or giving the advisement at the site of arrest.

What is the Intoxilyzer 9000, and how many breath test(s) should the police take when you are arrested?

Georgia law now requires that any state-administered breath test taken on an Intoxilyzer 9000 will consist of two (2) breath results or samples.  Therefore, each state-administered test will have two (2) sequential breath samples as part of the test.  Also, Georgia law now requires that the two (2) samples be no more than 0.020 percentage points different between the samples; otherwise, neither test is admissible at trial.  Since Georgia law now requires two (2) breath samples that correlate within 0.020 percentage points between the samples, and because the State of Georgia bears the burden of proof at trial when relying on breath samples for a DUI conviction, breath sample cases are ripe for dismissal and/or acquittal due to current legal challenges moving through the courts in several states, including Georgia, challenging the accuracy and testing method of the Intoxilyzer 9000.

What is a ‘refusal’ DUI?

The biggest impact of the “refusal” to submit to the police officer’s request that you submit to the state-administered test of your blood, breath or urine is undoubtedly the potential for an administrative suspension of your driver’s license. 

A Georgia driver has the right to “refuse” and not allow the officer to administer tests of the driver’s breath, blood or urine.  However, the “refusal” can have a significant adverse impact on the administrative license suspension case as well as the criminal DUI case.  The driver’s “refusal” to comply with the state-administered test of your blood, breath or urine can result in an automatic twelve (12) month administrative suspension of one’s driving privileges in the State of Georgia by the Department of Driver Services without a right to a limited permit, barring a dismissal or acquittal from the charge of DUI in criminal court. 

Although not always, oftentimes the “refusal” will be admitted into evidence in the trial of the DUI case.  Again, the key is whether the officer properly administered the implied consent warning and whether there are any legal challenges which will cause the trial judge to exclude the results of the test or the “refusal” from evidence in the trial.  In general, the Implied Consent Advisements must be given at the time of arrest, which is usually at the site of arrest (e.g. roadside).  Georgia law, O.C.G.A. § 40-6-392(a)(4) requires that a person be advised of his implied consent warnings “at the time of arrest.” As a general rule, an arrest for DUI is mandatory before Implied Consent Advisements can be given and a test of breath, blood or urine demanded by the officer.  Current Georgia case law provides one exception: when there is a traffic accident resulting in a serious injury and there is probable cause to arrest the driver for DUI, a physical arrest need not occur before the Implied Consent Advisement is read.  However, when there is no accident resulting in a serious injury, an arrest must precede the reading of the Implied Consent Advisements.  The need for implied consent is triggered at the point that a driver-suspect is not free to leave and a reasonable person in that position would not believe that the detention was temporary. 

In sum, Georgia case law provides many exceptions which relieve the officer from making the arrest prior to the Implied Consent Advisement and/or giving the advisement at the site of arrest.

What is the Intoxilyzer 9000, and how many breath test(s) should the police take when you are arrested?

Georgia law now requires that any state-administered breath test taken on an Intoxilyzer 9000 will consist of two (2) breath results or samples.  Therefore, each state-administered test will have two (2) sequential breath samples as part of the test.  Also, Georgia law now requires that the two (2) samples be no more than 0.020 percentage points different between the samples; otherwise, neither test is admissible at trial.  Since Georgia law now requires two (2) breath samples that correlate within 0.020 percentage points between the samples, and because the State of Georgia bears the burden of proof at trial when relying on breath samples for a DUI conviction, breath sample cases are ripe for dismissal and/or acquittal due to current legal challenges moving through the courts in several states, including Georgia, challenging the accuracy and testing method of the Intoxilyzer 9000.

What rights does a driver have to request a second, independent rest of his or her own choosing?

Georgia’s Implied Consent law requires the officer to inform the driver that after first submitting to the required state test, the driver is entitled to additional chemical tests of blood, breath, urine or other bodily substances at the driver’s own expense and from qualified personnel of the driver’s own choosing.  Just as the State of Georgia has a legal right to receive the sample of the driver’s blood, breath or urine, the Georgia driver has a right to an independent test of his blood, breath or urine if so requested.  Any failure to reasonably accommodate the driver’s request (or any interference by an officer) in obtaining an independent test will result in suppression (exclusion) of the State’s test results.  For example, where the defendant driver was a few dollars short of the amount required by the hospital to perform a test, and the officer refused to allow the driver to negotiate another form of payment or telephone relatives to obtain assistance in paying for the test, the Georgia Court of Appeals held that the driver’s right to an independent test had been violated and the State’s test results were suppressed.  Similarly, where the officer, 30 minutes after taking the State’s breath test, refused when the defendant requested an independent test, the Court held that the police had violated the defendant’s right to an independent test and the State’s breath test was suppressed. 

If a Georgia driver refuses to provide the police officer with its state-administered test of blood, breath or urine, and the driver is arrested for DUI nonetheless, does the DUI driver nonetheless have a right to an independent test of his blood, breath or urine at a facility of his own choosing?

            Answer – No

A DUI defendant does not have the right to first refuse a police-administered test and then afterwards demand a right to an independent test of his or her own choosing.  See, Lufburrow v. State, 206 Ga. App. 250 (1992). Subsequent Georgia cases extend this rule to the DUI driver who submits to two (2) breath test attempts, but offers a blood test, after the breath Intoxilyzer 9000 fails to report a proper result.  It is important to understand the distinction here.  The officer’s unjustified failure or refusal to allow a DUI defendant to exercise his right to an independent test will render the state-administered test inadmissible at the trial.  This includes the officer’s refusal to transport the defendant to a hospital of his own choosing for a blood test even where the state did not take blood, and even when a blood test is obtained at another hospital.  See, Joel v. State, 245 Ga. App. 750 (2000). Factual disputes over whether the driver actually requested an independent test are common and oftentimes resolved by reviewing the video of the “stop and arrest” (most, if not all DUI traffic stops in the State of Georgia are videotaped).

Is the Miranda Warning required when a Georgia driver is stopped by a police officer?

Answer – No, generally speaking.

Generally speaking, the Miranda Warning is not required when an officer conducts preliminary questioning or field sobriety evaluations.  McDevitt v. State, 286 Ga. App. 120 (2007).  Miranda is invoked when a person is under arrest.  As discussed above, whether the driver is under “arrest” is fact-sensitive.  The legal question is whether a reasonable person would have believed that he or she was not free to leave.  It is an objective test, asking whether the reasonable belief of an ordinary person under such circumstances would have believed he or she was permanently in custody. It is not based upon and not the subjective belief or intent of the officer. 

Georgia courts have held that Miranda Warnings are not required before the officer makes a request that the driver submit to an Alco-Sensor “screening test” since the defendant was not yet in custody. Generally speaking, a motorist stopped for a traffic violation is not “in custody” and is therefore not entitled to Miranda Warnings prior to formal arrest.  Again, the test for determining whether the driver is “in custody” after a traffic stop is an objective test to be determined from the position of the driver. Even where the officer believed but did not communicate to the suspect that minor traffic violations could result in an arrest, the officer’s belief was not the test and had no bearing upon whether or not the suspect was in custody.  The test is whether a reasonable person in the defendant’s position would have thought that the officer’s detention was permanent and not temporary.  For example, a motorist stopped by an off-duty officer for DUI and not allowed to leave the scene pending arrival  of an on-duty officer was determined to have been under arrest at the scene of the initial stop, and the failure of the officer to provide Miranda Warnings may result in suppression of admissions and conversations between the driver and the off-duty officer.  Whether a driver is in “custody” following a traffic stop raises complicated statutory and constitutional questions beyond the scope of this article.

Are you under the age of 21 and arrested for DUI in Georgia?

• Did you know drivers under age 21 are deemed “per se” DUI if BAC equals or exceeds 0.02g/L?
• Did you know drivers under age 21 cannot enter a plea of “nolo” to evade the DUI charge?
• Did you know drivers under age 21 with BAC equal to or greater than 0.02g/L face minimum and mandatory 6-month suspension of their driver’s license without a right to a limited permit (a/k/a “no early reinstatement”)?
• Did you know drivers under age 21 with BAC equal to or greater than 0.08g/L face minimum and mandatory 12-month suspension of driver’s license without a right to a limited permit?
• Did you know drivers under age 21 with BAC equal to or greater than 0.02g/L face minimum and mandatory 6-month suspension of driver’s license without a right to a limited permit even if the charges are reduced to “reckless driving”, or if found guilty of underage purchase of alcohol?

Georgia DUI Penalties

If convicted of DUI in the State of Georgia …punishment is a function of how many DUI convictions the driver has on his record within the last 10 years measured from the date of arrest. In other words, it is a 10-year lookback. 

First Offense 

If this is your first offense within a ten-year period (1^st in 10), the following applies:

• Fine - $300.00 - $1,000.00 plus any statutory surcharges.
• Jail – 24 hours minimum; 10 days to 12 months maximum.
• Community Service – The law requires a minimum of 40 hours of community service unless you are under 21 years of age in which case you must do at least 20 hours.  The actual time is set by the court.
• Clinical Evaluation (for drugs/alcohol) – the court, in its discretion, may choose not to impose this element of sentencing in some cases where it is the driver’s first DUI. For most DUI convictions, the clinical evaluation and treatment, where deemed necessary, will be part of the Court’s sentence. 
• Georgia DUI Alcohol and Drugs Risk Reduction Program. 
• Probation: limited to 12 months less time served.
  • If you are age 21 or over, your license will be suspended for one year.  However, you will be eligible for full reinstatement of full driving privileges at the end of 120 days if you have completed an alcohol/drug risk reduction course (DUI school) and paid the appropriate reinstatement fee.  During those first 120 days, you should be eligible for a limited driving permit (assuming there are no other active suspensions of your license).

License Suspension – the suspension of a license of a Georgia driver is determined based upon the number of similar DUI-based suspensions within a five (5) year period measured from date of arrest to date of arrest. In other words, it is a 5-year lookback from the date of the current arrest. 

If a first (1^st) offense within a five-year period (1^st in 5), you will lose your license as follows:

• If you are under age 21, your license will be revoked for either 6 months (under 0.08 blood alcohol level) or 12 months (0.08 or higher); and, no limited driving (work) permit is available under current Georgia law.
• Different rules of suspension apply if the arrest for DUI is based upon being under the influence of drugs (not alcohol) while driving.

DUI School – You must complete DUI School (Georgia DUI Drug & Alcohol Risk Reduction Program) to have your driver’s license or privilege to drive in Georgia reinstated. Go to the website at https://dds.georgia.gov/ to determine which out-of-state program will be accepted by Georgia.

Second Offense 

If this is the second offense within a ten-year period, the following criminal punishment applies:

            Fine - $600.00 - $1,000.00 plus any statutory surcharges.

Jail – 90 days to 12 months, all except 72 hours of which may be suspended, stayed or probated.  As with a first DUI within a ten-year period, you must do twelve months probation less any jail time.

Community Service – The minimum community service is thirty days (240 hours).

Clinical Evaluation & Treatment -  mandatory for a 2^nd in 10 years.

License Suspension –

If this is your second offense within a five-year period, you will lose your license as follows:

A “second-in-five DUI” (2^nd DUI in 5 years) means your GA driver’s license will be suspended for three years.  The first eighteen (18) months is often referred to as “hard suspension” because no limited permit or hardship license will be granted.  Ignition interlock limited permit is required for 12 months before any reinstatement of your driving privileges.  Under the current law, for a second or subsequent conviction within a five-year period, an ignition interlock device must be installed on all vehicles registered to the offender with limited exception. After 18 months, including satisfaction of 12 months driving under an ignition interlock permit, and completion of DUI school, early reinstatement of full driving privileges is available.

Under 21 Years of Age & 2^nd in 5 DUI Conviction.

The “under age 21” driver convicted of a second-in-five DUI will be suspended for a period of 18 (eighteen) months. And, no limited permit is available for the under age of 21 driver convicted of a 2^nd DUI in 5 years. Ga Laws, Sec. 40-5-57.1(c)(2)(A) & (B).

Other Consequences of a 2^nd in 10 year Criminal Conviction for DUI in Georgia.

• Automobile Tags – The license plates of all vehicles registered to the offender will be confiscated.  No new plates will be issued to the offender until such time as he/she obtains a limited permit or full reinstatement of driving privileges.

• Publication of Your Photo – You have made the paper!  Your photograph, name and address, date, time and place of arrest will be published in your local newspaper.  You will be charged a publication fee.

• DUI School – You must complete DUI School to have your driver’s license or privilege to drive in Georgia reinstated.  Go to the website at http://www.dds.ga.gov to determine which out-of-state program will be accepted by Georgia.

DUI Drugs & License Suspension in Georgia (Ga Laws, Sec. 40-5-75)

If a driver is convicted of DUI based upon an impairment due to drugs (not alcohol), then the license suspension rules are a bit different under Georgia law.

            1^st DUI-Drugs within 5 years:  180 days, or 6-months hard suspension with full reinstatement of driving privileges thereafter subject to attending DUI RRP and restoration fees of approximately $200.

            2^nd DUI-Drugs within 5 years:  3 years hard suspension with ability to apply for early reinstatement of full driving privileges after 1 year contingent upon completion of DUI RRP and payment of restoration fees of approximately $300. 

Alabama DUI Penalties & Punishment

Similar to Georgia, Alabama provides for punishment of DUI based upon whether it is the driver’s first DUI conviction. However, unlike Georgia and other states, Alabama does not place any limit on the lookback period. In other words, Alabama punishes based upon the number of DUI convictions over the lifetime of the defendant. 

1^st DUI

• Fines from $600 to $2,100;
• Imprisonment up to 12 months, and no minimum time served.
• 90--day suspension of all driving privileges, subject to a stay of the suspension if the driver elects to install an ignition interlock device and obtain the state-issued ignition interlock restricted driver license for a period of 90 days. In other words, you can elect to be without a license for 90 days, or you can install the ignition interlock device and obtain the corresponding permit, for 90 days. After serving the suspension or carrying the ignition interlock permit, you are eligible for full reinstatement of driving privileges.
• When the driver is found to have a BAC of 0.15 or more, the person shall be sentenced to at least double the minimum punishment otherwise applicable (excluding ignition interlock requirements).
• Similarly, when any person over the age of 21 is convicted of violating the DUI law in Alabama, and it is found that a child under the age of 14 was in the vehicle, the person shall be sentenced to at least double the minimum punishment otherwise applicable (excluding ignition interlock requirements). 
• Other Alabama Driver License Suspension: 
  1. the driver refused to submit to the chemical tests, or

IF, on the same first conviction, 

1. if a child under the age of 14 years of age was a passenger, or
2. If someone other than the driver was injured, or
3. If the driver is found to have a BAC of 0.15 or more;

THEN, the driver’s license is suspended for 90 days, AND the driver must install an ignition interlock device and obtain the ignition interlock permit for a period of one (1) year from the date of its issuance and the issuance of a permit. 

2^nd DUI

• Fines from $1,100 to $5,100;
• Imprisonment up to 12 months, and minimum time served of 5 days OR community service for 30 days.
• When the driver is found to have a BAC of 0.15 or more, then all aspects of sentencing shall be doubled (except, it does not double the ignition interlock requirements, if any apply). 
• Similarly, when any person over the age of 21 is convicted of violating the DUI law in Alabama, and it is found that a child under the age of 14 was in the vehicle, the person shall be sentenced to at least double the minimum punishment otherwise applicable (excluding ignition interlock requirements).
• One (1) year suspension of all driving privileges, plus the driver must install and obtain a permit for ignition interlock for a period of two (2) years, subject to a stay of the suspension if the driver elects to install an ignition interlock device and obtain the state-issued ignition interlock restricted driver license after 45 days of the initial suspension, the mandated ignition interlock begins and the remainder of any suspension is stayed and commuted upon successful completion of the ignition interlock suspension. In other words, you can install the ignition interlock device and obtain the corresponding permit, after 45 days of suspension, and serve out the remainder of the 2 years ignition interlock restricted driving, and the balance of the suspension is forgiven (commuted). After serving the suspension and/or carrying the ignition interlock permit, you are eligible for full reinstatement of driving privileges.

Court Referral Officer & Programs.

In addition to the requirements set forth above, any person convicted of DUI in Alabama, whether a first or subsequent conviction, shall be referred to the court referral officer for evaluation and referral to appropriate community resources (think, clinical evaluation).

• This shall include completion of the DUI or substance abuse court referral program, and the Alabama State Law Enforcement Agency (responsible for issuance of driver licenses in Alabama) shall not reissue a license to any person convicted of DUI without receiving proof of completion of all court referral programs required.

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