|
DUI LAWS & PUNISHMENTS
- 2 Types of DUI Cases
- Georgia DUI Penalties
TWO TYPES OF DUI CASES
Although several
parts of the Georgia Code pertain to DUI cases, the
main DUI statute is found in O.C.G.A. Section
40-6-391. If you are charged with DUI, you will be
charged with violating subsections (a) (1,2,3,4,5,
or 6) of 40-6-391.
Lawyers know
subsections (a) (1-4) as "less safe" violations, and
(a) (5-6) are known as "per se" or "unlawful level"
violations.
Less Safe Driver
Definition
If you are charged
as a "less safe" driver, the prosecuting witness
will have to prove that you are under the influence
of alcohol, drugs, glue or a combination of same to
the extent that you are less safe to drive as a
result of such consumption. The officer typically
makes his case by testifying as to any physical
manifestation you exhibit (e.g. odor of alcohol,
bloodshot glassy eyes, unsteady on your feet,
slurred speech), or by any unsafe driving maneuver.
Per Se Definition
To be charged as a
"per se" violation, you either must have an unlawful
blood alcohol level (see below for limits) or any
amount of contraband drugs. Keep in mind that the
prosecuting witness would not have to prove that you
were a less safe driver. He would only have to prove
that you had either an unlawful blood alcohol level
or any amount of contraband drugs in your system.
LEGAL LIMITS OF ALCOHOL
Most people believe
that you have to have the magic 0.08 blood alcohol
level in order to be convicted of DUI. Nothing could
be further from the truth. Georgia law provides that
if you test 0.05 or less, then a jury or other trier
of fact may infer that you are not a less safe
driver. However, if the prosecutor can show through
proper evidence that you indeed were a less safe
driver due to alcohol consumption, then you could be
convicted.
The law further
provides that if you test between 0.05 and 0.08,
there is no inference one way or the other that you
are a less safe driver.
Finally, prior to
July 1, 2001, the law provided that if you test 0.08
or 0.09, then an inference existed that you were a
less safe driver. This was a rebuttable inference.
In other words, if you could show through proper
evidence that you were not a less safe driver due to
alcohol consumption, then you would be acquitted. On
or after July 1, 2001, since 0.08 is an unlawful
blood alcohol level, no inference exists. This
brings us to the "per se" levels of alcohol.
Per Se (Unlawful) Blood
Alcohol Levels
Being "per se" in
violation of the DUI statute means you either have
an unlawful blood alcohol level or you have a
prohibited substance in your system (e.g. cocaine
metabolites).
Under Age 21
If you are under 21
years of age, an alcohol reading of 0.02 is a "per
se" violation of the DUI statute.
Commercial Vehicles
If you were
operating a commercial vehicle when you were stopped
and your blood alcohol level is 0.04, then you are
"per se" in violation of the DUI statute.
Over Age 21
If you are 21 years
of age or older and test 0.08, then you are "per se"
in violation of the DUI statute.
Keep in mind that
in order for you to be found guilty of a "per se"
violation, the prosecutor must first be able to
tender the reading into evidence. If the reading is
allowed into evidence, and if the jury believes it
is an accurate reading, no evidence regarding being
a less safe driver is required to convict. However,
this is easier said than done and is a good reason
for you to hire an experienced DUI attorney to
determine if the reading is admissible in court.
[BACK TO TOP]
GEORGIA DUI PENALTIES
First Offense:
If this is your
first offense within a ten year period, the
following fines, probation/jail time, and community
service applies:
Fine:
$300.00
-$1000.00 plus any statutory surcharges (typically
15-25%).
Jail:
10 days to 12
months, all except for 24 hours may be suspended,
stayed or probated.
Theoretically, if
your blood alcohol level is less than 0.08 grams %,
you do not even have to do the 24 hours. Practically
speaking, don't count on it. Moreover, on all DUI
cases made on or after May 1, 1999, if you plead
guilty or are convicted of DUI, you must be placed
on twelve months probation less any jail time
received.
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.
License
Suspension:
Insofar as your
driver's license, if this is your first offense
within a five year period you will lose your license
as follows:
If you are 21 or
over, your license will be suspended for one year.
You will be able to get your license back 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 120
days, you will be able to get a limited driving
permit.
If you are under
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 permit is allowed.
*If you are
convicted of a DUI charge that involves drugs, your
Georgia driver's license or privilege to drive in
Georgia will be suspended for one year, and you will
not be able to get it reinstated for six months. No
limited driving permit is allowed.
DUI School:
You must complete
DUI School to have your driver's license or
privilege to drive in Georgia reinstated. If you
want to use an out-of-state DUI school, first either
contact the Georgia Risk Reduction program at (678)
413-8400, or go to the website at
http://www.dds.ga.gov to determine which out of
State program will be accepted by Georgia. Out of
State program must be at least 20 hours in length
and held in a classroom environment (not on a
website).
The current cost to
attend Georgia's DUI school is $292.00.
[BACK TO TOP]
Second Offense
If this is your
second offense within a ten year period, the
following fines, probation/jail time, and community
service applies:
Fine:
$600-$1000 plus any
statutory surcharges.
Jail:
90 days
to 12 months, all except three days of which may be
suspended, stayed, or probated. As with a first DUI
within a five year period you must do twelve months
probation less any jail time.
Community
Service:
The minimum
community service is thirty days (240 hours).
License
Suspension:
Insofar as your
driver's license, if this is your second offense
within a five year period you will lose your license
as follows:
The driver's
license of anyone convicted of a second DUI within a
five year period will be suspended for three years.
However, unlike prior law, you will not be able to
have your driver's license reinstated for a period
of 18 months. The first twelve months is a hard
suspension with no limited permit or hardship
license. After that, an ignition interlock limited
permit is required for 6 months. It appears that the
judge can no longer order no driving for the full
term of suspension as he/she could under prior law.
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 unless the court notifies the Department of
Public Safety of exemptions for multiple vehicles
due to hardship.
Effect on
Those Under 21 Years of Age:
A cursory reading
of the new statute appears to allow those under 21
who are convicted of a second in five year DUI to
have their driver's license reinstated after just
one year. However, a more thorough reading reveals
that these underage drivers are subject to Code
Section 40-5-63 (See revised Code Section 40-5-57.1
of House Bill 385). Section 40-5-63 requires an 18
month suspension for second in five DUI convictions.
License
Plates:
Upon conviction,
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. Under certain conditions, a
hardship license plate is available to a co-owner of
the vehicle or to family members.
Photo
Published:
Your photograph,
name and address, as well as the date, time, place
of arrest will be published in your local newspaper.
You will be charged $25.00 for this notice.
DUI School:
You must complete
DUI School to have your driver's license or
privilege to drive in Georgia reinstated. If you
want to use an out-of-state DUI school, first either
contact the Georgia Risk Reduction program at (678)
413-8400, or go to the website at
http://www.dds.ga.gov to determine which out of
State program will be accepted by Georgia. Out of
State program must be at least 20 hours in length
and held in a classroom environment (not on a
website). The current cost to attend Georgia's DUI
school is $292.00.
[BACK TO TOP]
THIRD Offense
If this is your
third offense within a ten year period, the
following fines, probation/jail time, and community
service applies:
Fine:
$1000-$5000 plus statutory surcharges.
Jail:
120 days to 12 months, all but 15 days of which may
be suspended, stayed or probated. As with a first or
second DUI within a five year period you must do
twelve months probation less any jail time you are
sentenced to.
Community Service:
You must do at least 30 days of community service
(240 hours).
License Revocation:
Insofar as your driver's license, if this is your
third offense within a five year period you will
lose your license as follows:
If you are 21 or over, you have achieved the status
of Habitual Violator and your license is revoked for
five years. In order to get your probationary
license after two years, you will have to complete
DUI school, complete assessment and counseling, and
have the ignition interlock device installed in your
car. You can then get your probationary license and
will be required to have the ignition interlock
device for at least six months.
It appears that, pursuant to Code Section 40-5-63
(See revised Code Section 40-5-57.1) those under age
21 also will suffer the same five year suspension.
Alcohol Assessment and Treatment:
You must be evaluated and complete all treatment
recommendations before you can get your ignition
interlock permit.
License Plate Confiscation:
For a third DUI within a in a five year period, the
license plates of all motor vehicles registered to
the offender must be surrendered. Once the offender
obtains either a probationary license or full
reinstatement, license plates can be reissued for
the offender's vehicles. Special hardship plates are
available in certain circumstances for co-owners or
family members.
Photo Published:
Your photograph, name and address, as well as the
date, time, place of arrest will be published in
your local newspaper. You will be charged $25.00 for
this notice.
DUI School:
You must complete DUI School to have your driver's
license or privilege to drive in Georgia reinstated.
If you want to use an out-of-state DUI school, first
either contact the Georgia Risk Reduction program at
(678) 413-8400, or go to the website at
http://www.dds.ga.gov to determine which out of
State program will be accepted by Georgia. Out of
State program must be at least 20 hours in length
and held in a classroom environment (not on a
website).
The current cost to attend Georgia's DUI school is
$292.00.
[BACK TO TOP]
If you have been
charged with DUI, fill out our online form or
call us at 678-CHAPMAN (678-242-7626) to start
your case review today at absolutely no cost to
you.
|
