DUI Law

What happens after a DUI arrest in Georgia?

To preserve your right to drive in Georgia, you must request an administrative hearing within 10 business days after your license has been taken from you by an officer. This is for all drivers under 21 who registered a .02 or more, all drivers over 21 who registered a .08 or more, and all drivers of a commercial vehicle who register .04 or more.

ALL DRIVERS REGARDLESS OF AGE WHO REFUSE THE STATE TEST

If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. If you lose at the hearing, you cannot drive after the hearing. In some cases you may qualify for a work permit and may be able to reinstate the license within 30 days.

Crucial defenses can be developed at the hearing. Arraignment: This is the date on your ticket, about 30 to 60 days after your arrest. In some cases you will not have to appear. However, many courts will require your presence at arraignment.

ALL MOTIONS TO EXCLUDE EVIDENCE MUST BE FILED AT ARRAIGNMENT OR THEY ARE WAIVED

Arraignment is an important hearing and the attorney must be aware of all issues that are relevant in order to get harmful evidence against you excluded.

Pretrial Conference/Plea Negotiations: Your attorney will discuss your case with the prosecutor and attempt to work out the best disposition possible. This is an on going process. Many cases do not get resolved until the eve of trial.
Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. In some courts there will be a separate hearing date. In other courts, motions will be heard right before trial.
Trial: In Georgia we have the right to a jury trial. This is held before six people who will determine innocence or guilt. In some cases, you may opt for a bench trial where a judge will decide innocence or guilt.
Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, alcohol classes and fines.

What are the penalties for a DUI conviction in Georgia?

The penalties for a 1st DUI conviction in Georgia include:

Jail time ranging from 1 day to 1 year,
Fines ranging from $300 – $1000, plus surcharges,
Driver’s license suspension up to 1 year,
40 Hours of Community service,
$210 Set license reinstatement fee, and
Possible Probation.

Penalties for a 2nd DUI conviction in Georgia include:

A Minimum mandatory 48 hours in jail, possible 90 days to 1 year,
Fine of $600-$1,000,
License suspension of 3 years,
Minimum 30 days community service
$210 Set license reinstatement fee,
A mandatory clinical evaluation and, if indicated, completion of a substance abuse treatment program at the offender’s expense.

Penalties for a 3rd DUI Conviction in Georgia include:

Minimum mandatory 15 days jail time,
Fine of $1,000-$5,000,
License revocation for five years,
Minimum mandatory 30 days community service
Violator’s name, photo, and address published in local newspaper at violator’s expense,
Declared as habitual violator, the license plate for his/her vehicle will be seized by the court and forwarded to the Department of Motor Vehicle Safety,
Face a mandatory clinical evaluation and, if indicated, completion of substance abuse treatment program at the offender’s expense.

What happens after a DUI arrest in Georgia?