What Happens When You Get a DUI in Georgia? 2024

Getting charged with driving under the influence (DUI) is a serious matter with significant legal and personal consequences. Like other crimes, there is a process that happens when you are suspected of driving under the influence. Understanding what happens when you get a DUI in Georgia is helpful to approach the process with ease if you ever find yourself in this situation.

How the Process Begins

The DUI process typically begins with a traffic stop. If you exhibit erratic driving behavior, such as swerving, speeding, or disobeying traffic signals, law enforcement may pull you over. Sometimes, DUI checkpoints are set up to check for impairment in drivers on the road.

After you’ve been pulled over, the police may ask you to complete a series of field sobriety tests in order to determine how impaired you are. Some common tests include the one-leg stand test, finger-to-nose test, balance test, and a walk-and-turn test. However, these tests are open to challenge in court as they are often arbitrary.

The officer will request that you submit to a breathalyzer test if they have reasonable suspicions that you are intoxicated. Refusing to submit to a breathalyzer test at this point automatically results in a one-year license suspension under the state’s implied consent. You might also be asked to submit to blood or urine tests to determine your blood alcohol content (BAC) if you are detained.

Booking and Initial Jail Time

If the officer finds you to be intoxicated, you will be placed under arrest and sent to the nearest jail to be booked. This procedure involves taking your picture, taking your fingerprints, and recording your personal data.

If your blood alcohol content is 0.08 percent or over, state law requires a minimum 24-hour jail sentence for your first DUI arrest. However, after their initial booking, a lot of first-time offenders are released on bail. Those with high blood alcohol content or repeat offenders may have longer initial jail terms.

Pre-trial and Trial Process

Soon after your arrest, you will be scheduled for your arraignment, which is your first court appearance. The judge will read the charges against you during the arraignment, and you will enter a plea of guilty, not guilty, or no contest. By this point, having legal counsel is extremely recommended.

To contest the evidence used against you, your lawyer may submit pre-trial motions. If these motions are successful, the evidence may be suppressed, or the charges may be dropped.

The prosecution and defense may work out a plea deal in many DUI cases. This is admitting guilt to a lower charge in return for less severe punishments. If the two cannot agree on a plea deal, a trial will be held. Based on the evidence presented, the judge or jury will decide whether you are guilty or innocent.

Penalties for DUI Conviction

Penalties for a first DUI conviction usually consist of 10 days to 12 months in jail, $300 to $1,000 in fines, license suspension of up to one year, 20 or more hours of community service, a DUI alcohol or drug use risk reduction program completion, and a maximum of 12 months for probation.

Punishments for repeat DUI charges are more severe and include jail time, fines, lengthy license suspensions, and clinical examinations for substance abuse.

License Suspension and Reinstatement

For DUI offenses, the state not only imposes criminal penalties but also an administrative license suspension. After the date of your arrest, you may be eligible to request an administrative hearing in order to contest the suspension.

Getting your license back will require the completion of certain requirements, such as finishing the DUI alcohol or drug use risk reduction program. There may be extra requirements for repeat offenders, such as installing an ignition interlock device.

Additional Consequences

There are additional non-legal consequences a person can expect to face if they have been convicted of a DUI charge. Some of these include:

• An increase in your car insurance premiums. Depending on your insurer and your offense, you may be denied coverage or dropped from your current insurer.
• If you have a job that centers around driving, you may be at risk of termination. A DUI conviction can also hinder future job opportunities.
• A DUI conviction can also negatively impact opportunities for housing, financial aid for school, and other organizations and opportunities that perform background checks.

FAQs

Q: Do You Lose Your License for Your First DUI Conviction?

A: You will have a suspended driver’s license for your first DUI offense. Usually, the suspension lasts up to a full year. You may be able to get a limited driving permit, though, which would let you drive to specific locations like your job, school, and doctor’s appointments. Reinstatement comes with certain requirements, such as paying a reinstatement fee and finishing a DUI Alcohol or Drug Use Risk Reduction Program.

Q: Can You Drive After a DUI Charge?

A: Generally speaking, your license will be suspended after a DUI charge. However, there are options that you may qualify for in order to drive. You may be able to request an administrative hearing in order to contest the immediate suspension of your license, or you may be eligible for a limited driving permit.

Q: Can a DUI Charge Be Dropped?

A: A DUI charge can be dropped in Georgia, but it will require a strong legal defense with the help of a qualified DUI attorney. An attorney can help you challenge the evidence against you, including lack of probable cause for the traffic stop, improper administration of field sobriety or BAC tests, or violations of constitutional rights during the arrest.

Q: What Is the Three-Hour Rule for DUI?

A: The three-hour rule for DUI in Georgia is the necessity of doing blood or breath tests to determine a driver’s blood alcohol content (BAC) no later than three hours after the incident. This rule helps ensure the precision and dependability of the BAC readings. The test could be contested in court and possibly omitted from evidence if it is performed outside of this window.

Contact Jarrett Maillet, J.D., P.C., Today

Receiving a DUI charge can be a difficult legal procedure with harsh penalties and lasting effects. Being informed of the process can make it easier for you as you navigate this legal time. An attorney at Jarrett Maillet, J.D., P.C., can make this process clear to you and your specific circumstances. Contact us today for more information.