En Español
Practice Areas      Attorneys      Staff      In The News      Contact Us
 
.
 
DUI in Georgia
 
If you are convicted of DUI or plead “guilty” or “nolo contendere” this will forever remain not only on your driving record, but also on your criminal history. These records will be reported to the Georgia Department of Public Safety, to the National Driver’s License Registry, to the GBI and the FBI and are made available to driver’s licensing agencies in every state. There is no way to “hide” a DUI conviction; it will follow you for the rest of your life.

DUI & Drugs:
Under Georgia law, you can be prosecuted for driving while impaired by either drugs or alcohol or both. Even if the drugs are legitimately prescribed by a doctor (i.e.: pain pills after a surgery) you are still subject to prosecution for driving while impaired.

If you are found to be driving with illegal substances in your blood stream (i.e.: cocaine, heroin, etc.) this fact alone is enough for a conviction. Furthermore, if you have drugs on your person (i.e.: in your pocket) when you are arrested, you will also be charged with possession. If you allow a search of your vehicle at the time of your arrest, you will be charged with the possession any other contraband items (i.e.: more drugs) that are found. Additionally, if you are convicted of possession of any amount of any illegal drug your driver’s license will be suspended whether you were driving or not when you were arrested.

There are very serious consequences for drug possession charges; up to 15 years on your first offense depending on the substance, and your second conviction is automatically a felony.

Legal Limits:
If you are under 21 years old, are stopped, and test with a 0.02 BAC or higher you may be accused of DUI.

If you drive a commercial vehicle (i.e.: a moving van) and are stopped with a BAC of 0.04 or higher, you may be accused of DUI. Additionally, if you are driving a commercial vehicle and testing reveals any alcohol, a 24-hour out-of-service order will be issued, and the truck will be impounded during that time.

If you are 21 years or older and you are found to be driving with a BAC of 0.08 or higher, you may be accused of DUI.

« BACK
 
 
 
DUI Penalties in Georgia
 
If you are convicted of DUI, you could be subject to the following penalties under Georgia law.

FIRST OFFENSE
Jail time: 10 days to one year
Fines
• At least $300, no more than $1,000
• At least $200 for license reinstatement

License suspension - up to one year
Community Service - at least 40 hours
Mandatory Risk Reduction School
Mandatory Drug and Alcohol Evaluation
12-Month Probation


SECOND OFFENSE WITHIN 10 YEARS OF FIRST OFFENSE
Jail Time: 90 days to one year
Fines
• At least $600 and up to $1,000
• License reinstatement fee of $210

License suspension - of one year
Community Service - at least 30 days
Clinical evaluation (mandatory) - possibly completion of a substance abuse treatment program at your expense
Mandatory Risk Reduction School


THIRD OFFENSE WITHIN 10 YEARS OF SECOND OFFENSE
Jail Time - at least 120 days
Fine - of $1,000 minimum, up to $5,000
License revoked - for five years
Community Service - at least 30 days
Embarrassment - Your name, photo, and address published in local newspaper at your expense
You will be declared a habitual violator
Your license plate will be seized and sent to the Department of Motor Vehicle Safety
Mandatory - Risk Reduction School
Clinical evaluation - Plus a possible completion of substance abuse treatment program at your expense.

« BACK
 
 
 
10-Day Rule
 
If you either refused a breath test or took the breath test and had a .08 or higher (over the age of 21), the state will suspend your license to drive. You must file an appeal within 10 days of your arrest or the suspension of your license will automatically occur.

« BACK
 
 
 
Super Speeder Law
 
On January 1, 2010, the Georgia passed the ‘Super Speeder’ law. Since most laws are confusing and subject to interpretation, here are the nuts and bolts of the ‘Super Speeder’ law and what it means for any person who drives in Georgia.

Who is a ‘Super Speeder’?

Anyone who drives on a multi-lane road or highway (e.g. Cobb Parkway, Roswell Road, or any interstate) at 85 miles per hour or faster; or anyone who drives on a two-lane road at 75 miles per hour or faster.

What is the penalty for ‘Super Speeders’?
An additional $200.00 fine on top of any speeding fine that may be imposed.

‘Super Speeders’ will receive notice of the $200.00 fee in the mail and will have 120-days from the date of the notice to pay the additional $200.00 to the Georgia Department of Driver Services.

What happens if you fail to pay your ‘Super Speeder’ fine?
If a ‘Super Speeder’ fails to pay the fine within 120-days from the date he or she received notice, the driver’s permit, license, or driving privilege in Georgia will be suspended.

Collateral Consequences
Anyone who is charged with driving more than 14 miles per hour over the speed limit will accumulate points on their driver’s record. If you accrue more than 15 points in any twenty-four month period, your license will be suspended.

« BACK
 
 
 
Traffic Laws
 
Using electronic devices while driving in Georgia:
Effective July 1, 2010, a new Georgia law will prohibit all drivers from using cell phones, laptops, and other electronic devices for text messaging, sending instant messages, e-mails or accessing the Internet while driving a motor vehicle.

Additionally, the law forbids drivers age 17 and younger from talking on cell phones or using other wireless devices while driving.
Exceptions will only be made for drivers who are lawfully parked or who use an electronic device to report an emergency.

If convicted, all violators will receive a $150.00 fine and 1 point against their driver’s license. A conviction for violators age 18 or over is punishable as a misdemeanor. Violators age 17 and younger will receive a double fine if they are also involved in a vehicle accident at the time of the violation.

Special restrictions affecting Georgia’s teenage drivers:
There are specific restrictions affecting students that can severely impact parents and their teenage drivers. A driver age 17 and younger may risk suspension of his or her license by dropping out of school or by receiving 10 or more unexcused absences during a school year.

Drivers age 17 and younger may also risk license suspension by threatening or harming a school employee, harming another student/person, or pleading guilty to certain criminal acts.

Finally, teenagers 17 and younger also risk losing their driving privileges if caught on school property with a weapon, drugs or alcohol. In addition to the civil and criminal penalties provided for possessing weapons, drugs and alcohol on school property, the student will also face a license suspension for one-year or until the teen turns 18.

« BACK
 
 
 
Georgia Traffic Law Update
 
While we must all exercise caution when operating our cars and SUVs, unfortunately, most of us have or most likely will receive a speeding ticket or citation for violating a traffic law. The recent financial changes in our state and local economies have brought significant increases in the fines that are assessed for traffic violations.

An example is Georgia’s "Super Speeder Law," which applies to anyone convicted of driving 75 miles per hour or faster on a two-lane road; or anyone convicted of driving 85 miles per hour or faster anywhere in Georgia. These "Super Speeders" now face an additional $200 fine that the State of Georgia imposes in addition to any fine that the court imposes.

Other speeding fines vary from jurisdiction to jurisdiction. For example, speeding fines in Fulton County start at $150 for traveling 6-10 miles over the speed limit and can reach as much as $450 for traveling 21-30 miles over the speed limit. Fines are determined when the citation is processed by each jurisdiction. However, keep in mind that these amounts are just base fine amounts - the State of Georgia also places mandatory surcharges for funds throughout the State. These surcharge amounts are typically around an additional 50% of the fine amount, i.e. that $450 speeding ticket is now $625. The statutory maximum for speeding fines in Georgia is $1,000 before the surcharges.

Unfortunately, another problem is that insurance companies routinely increase premiums for speeding convictions and the State's Department of Driver's Services (DDS) will assess points against a violator's license. Under 21 drivers need to be especially careful as DDS will suspend the license if convicted of traveling 24 mph over the limit.

Contact one of our experienced criminal defense attorneys if you're cited or arrested for violating a vehicular offense that may result in license suspension, revocation, or points being assessed against your driver's license.

« BACK
 
 
 
Your Driver's License
 
We've all heard the cliché that 'driving is a privilege, not a right.' Unfortunately, most of us never understand what this means until our license is suspended, cancelled, or revoked. You could be driving on a suspended license and not even know. Your license could be suspended due to an oversight by the Georgia Department of Driver Services (“DDS”), or because you forgot to pay a traffic ticket or missed a court date. If so, you could be arrested the next time you’re pulled over.

For example, DDS will suspend your license if you drive without insurance, accumulate a certain number of points against your license, drive under the influence of alcohol or drugs, refuse to take a breath test for intoxication, are convicted of hit and run or leave the scene of an accident. DDS will also suspend your license for drug convictions, such as possessing marijuana. Your Georgia license can be suspended even if the violations occurred out of state.

Under Georgia's point system, speeders can accumulate points against their licenses for driving 15 mph over the limit or faster. For example, if you travel in an area with a 55 mph speed limit (e.g., Georgia 400, I-75/85, I-20, I-285), you can receive a 2-point penalty for driving 70 mph, 3-points for driving 75 mph, 4-points for driving 80 mph, and 6-points for driving 90 mph. Drivers face a mandatory license suspension if they accumulate at least 15-points against their license within a 24-month period, including violations occurring in another state.

DDS imposes additional restrictions for drivers under age 21. For instance, drivers 17 and younger face mandatory license suspension after accumulating at least 4-points against their license within any 12-month period, and risk license suspension for dropping out of school, receiving 10 or more unexcused absences during a school year, and bringing a weapon, alcohol or drugs onto school property. Also, students under 17 may not be eligible to receive a driver’s license if they receive 10 or more unexcused absences. All drivers under 21 face a mandatory license suspension for convictions such as purchasing alcohol, misrepresenting their identity or age to purchase alcohol, DUI, and exceeding the speed limit by 24 mph or more.

Checking the status of your driver's license is almost as important as checking your credit report. We encourage you to be proactive and check the status of your license today. You can do so by contacting DDS at 404-657-9300. Some states in the southeast offer online license checks. Here are a few examples:

Florida: http://www.flhsmv.gov/
South Carolina: https://www.scdmvonline.com  (Follow the “Public Services” link)
Tennessee: http://www.tn.gov/safety/financialresponsibility.htm  (Follow the “Check Your Driver License Status Online” link)


« BACK
 
 
   
Practice Areas     l     Attorneys     l     Staff     l     In The News     l     Contact Us ©2009. ARORA & LASCALA LLC. All Rights Reserved.
Privacy Policy. Terms of Use.
 
* The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.