State of georgia laws on dui

The defendant agrees that the court may consider him guilty for the purpose of finding him guilty and sentencing him. This is incorrect information, a Nolo Contendere plea will not save your drivers license from being suspended as a result of a DUI charge. If you are under 21 years of age, the penalties for second and subsequent DUI charges for are the same as for people over the age of A GA DUI conviction for those less than 21 years of age can mean permanent damage to your driving record that could cause you problems if you apply for a job or attempt to obtain credit.

When dealing with a Georgia DUI, experienced legal defense is the best offense hurt especially if you are under the age of 21, get a free case consultation from a Georgia DUI Defense Lawyer now. Fill out my Wufoo form! The license suspension for a first DUI conviction in Georgia is 12 months, but if you complete DUI school and pay a reinstatement fee, you will be eligible for early reinstatement after days. If you are 21 years old or older, you can apply for a limited use driving permit for the duration of the license suspension that will allow you to drive to work, school, substance abuse counseling, DUI school, for medical care and treatment purposes, to pharmacies to drop off or pick up prescriptions, court appearances, probation appointments, and community service.

If an immediate family member is unlicensed, you can drive them to work, school, medical care, and to pharmacies to drop off and pick up prescriptions. For drivers under the age of 21, if your blood alcohol concentration was less than 0. If your BAC was 0. No limited-use driving permit or early reinstatement is available to any driver under the age of If you were also charged with any other drug-related offenses, those charges might also carry license suspensions that will run consecutively to any active license suspension already on your record.

New Georgia DUI law a breath of fresh air

Many people are unaware that DUI's are considered a misdemeanor in Georgia. There are situations where it will be a felony DUI, but for the most part, they are charged with misdemeanors. It will also include court surcharges. An Alcohol and Drug Evaluation may be required but can be waived by the judge at his or her discretion. However, not all judges give credit for time served. Other mandatory requirements are 30 days hours community service, DUI school, 12 months probation less any time served in jail, and a clinical evaluation and any recommended substance abuse treatment.

If this is your second DUI conviction within 5 years, however, there are additional penalties. You will also be required to surrender the license plates to any vehicle registered in your name.

Court Proceedings

For a second DUI conviction in Georgia within 5 years, the maximum license suspension is 3 years. In order to apply for an ignition interlock device limited permit you will have to present a certificate of eligibility from a drug court program or proof of enrollment in substance abuse treatment. A clinical evaluation must be completed prior to enrolling in a treatment program. The certificate of eligibility from a drug court program is only issued at the discretion of the judge during sentencing.

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Our witnesses would then be subject to cross examination from the other side. Once the testimony and presentation of the evidence is finished, each side can make a closing argument.

DUI Penalties for Georgia Driver Under 21 Years Old

This does not mean that the criminal case is being dismissed, but an administrative hearing can be a great tool to gain an advantage in the criminal case. If the administrative law judge finds that all of the applicable statutory factors were met by a preponderance of the evidence a lower standard of proof than beyond a reasonable doubt , then the judge will issue an order affirming the license suspension action and will transmit the order to the Georgia Department of Driver Services, who will then impose the license suspension.

If the administrative law judge committed an error in ruling, the decision can be appealed. There are simply too many variables that can impact your driving privileges to be discussed here without knowing the specific facts of your case and your prior criminal history. If you or a loved one is facing child endangerment charges stemming from a DUI arrest in Atlanta, Alpharetta, Marietta, Lawrenceville, Roswell or any city or county in northern Georgia, call our office today at Your initial consultation with one of our experienced DUI attorneys is free, and all information will be kept strictly confidential.

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    Chestney James K. Search for:. Consequences of a Georgia child endangerment conviction A Georgia DUI with an additional charge of DUI Child Endangerment can have potentially devastating consequences, especially for those responsible for the care of children in their job, including: Teachers Coaches Day care owners and employees Bus drivers Healthcare providers If your job requires you to drive like the following, a conviction for a Georgia DUI and DUI Child Endangerment could mean the loss of your job: Sales people Real estate agents Truck drivers possibly resulting in a lifetime disqualification of a CDL Jobs that require commuting to the office or job site Employees who use company cars or fleet vehicles At best, those with one of the above occupations may be required to disclose their conviction at some point as a condition of employment.

    The prosecution must find you guilty beyond a reasonable doubt at trial. You would not be eligible for a permit if you are a Georgia licensee for at least days, if not longer.

    Is a DUI a Felony in GA?

    You may even be declared a Habitual Violator if there were more than one child in the vehicle under the age of Sometime the prosecutor gives a bad plea offer. Or you may decide to take your case to trial to avoid a conviction. If you decide to represent yourself at trial, the Georgia Rules of Evidence still applies to you. Lawyers go to law school for years to learn these rules and you will be at the mercy of a skilled prosecutor and judge if you are not careful. You may inadvertently give incriminating statements or evidence if you represent yourself and speak to a prosecutor or judge without being represented by an attorney. The scope of the administrative hearing is very limited: At a hearing, the administrative law judge has a very limited role in deciding your case.