Being charged with DUI (Driving Under the Influence) in the state of Georgia is a serious matter. A DUI conviction carries heavy penalties, which include license suspension, fines and jail time. A conviction could also mean increased insurance rates and job loss depending on your employer.
A charge of DUI has two components: the Administrative component and the Criminal component.
What is an Administrative License Suspension Hearing? What is the Ten Day Rule?
An Administrative License Suspension Hearing is conducted by the Office of State Administrative Hearings and is a separate matter from any criminal hearing, plea or trial. If you are charged with a DUI you have 10 days to request an administrative hearing. Failing to request a hearing will result in an automatic suspension of your driver's license by the Georgia Department of Driver Services ( http://www.dds.ga.gov). Keep in mind that this suspension does not consider your need to drive to and from work or to take your children to and from school or activities. Therefore it is crucial for you to contact an attorney immediately upon your arrest if one of the following circumstances applies to you:
- I did not refuse the test and my blood alcohol level was .08 or higher.
A blood alcohol level of .08 is a "per se" violation and the police officer is required to submit a sworn report to the Department of Public Safety which will initiate the Administrative License Suspension proceeding.
- I refused to take the test.
If you refuse to take the State administered test the police officer is required to submit a sworn report to the Department of Public Safety which will initiate the Administrative License Suspension proceeding.
or if:
- I did not refuse the test, but the police officer said I refused the test;
- I have a commercial driver's license and I did not refuse the test and my blood alcohol was .04 or higher;
- I was under 21 years of age on the day of my arrest and blood alcohol level was .02 or higher.
Once the police officer initiates the suspension proceeding and if you fail to request a hearing under the 10 day rule on the 31st day after your arrest your driver's license will be suspended for one to five years depending on your criminal record.
What are the penalties for a Criminal DUI conviction?
DUI offenders are treated differently under the law depending on whether it is their first, second or third offense within a five year period.
- First Offense:
- Fine - up to $1000.00 plus any statutory surcharges.
- Jail - 10 days to 12 months, all except for 24 hours may be suspended, stayed or probated.
- Community Service - a minimum of 40 hours if you are 21 and over. *If you are under 21 years of age a minimum of 20 hours of community service.
- License Suspension - If you are 21 or over, your license will be suspended for one year. However, you may be able to get your license back at the end of 120 days if you have attended DUI school and paid the appropriate reinstatement fee.
- *If you are under 21 years your license will be suspended for either 6 months if you had lower than a 0.08 blood alcohol level or 12 months if you had a blood alcohol level of .08 or higher.
- *If you are under 21 years no limited permit is allowed.
- Probation - 1 year
- Second Offense:
- Fine - up to $1000.00 plus any statutory surcharges.
- Jail - 90 days to 1 year, . all except 3 days of which may be suspended, stayed, or probated.
- Community Service - - a minimum of 30 days.
- License Suspension - 3 years; first twelve months is a hard suspension with no limited permit or hardship license.
- *If you are under 21 years your license will be suspended for 18 month.
- Probation - up to 1 year
- Ignition Interlock Device
- Third Offense:
- Fine - up to $5000.00 plus any statutory surcharges.
- Jail - 120 Days to a Year in Jail, all except for 15 days of which may be suspended, stayed or probated.
- Community Service - 30 Days
- License Suspension -5 years.*If you are under 21 years your license will be suspended for 5 years.
- Probation - up to 1 year
- Ignition Interlock Device
- Alcohol Evaluation and/or Treatment
