By: Cory Yager Ex-Cop and Now a DUI Lawyer GA, and Larry Kohn, DUI Lawyer Atlanta, at Georgia’s Premier DUI Law Firm for a FREE Initial Lawyer Consultation and FREE DUI Advice
Georgia DUI laws have been rated by some sources as being among the toughest motor vehicle provisions in America. This article is NOT written for the benefit or comprehension level of DUI lawyers. It is written by the average citizen charged with DUI in GA, and needing DUI help from experts in the field.
Short definitions (with links inserted) are given within this Georgia drunk driving law posting, and their significance explained. For example, this bonus, 11th answer about, “What is OCGA DUI?” will start you off:
O.C.G.A. is the acronym (abbreviation) for Official Code of Georgia Annotated. On most uniform traffic citations, this DUI code is written or typed in. Within the various subparts are the many Georgia law code provisions contained within OCGA 40-6-391. This code section is merely one of thousands of statutes within the entire Georgia code of laws, and another 10 of those DUI-related statutes will be outline here.
However, various other important “related” statutes applicable to a DUI in Georgia must also be given consideration. These other important statutes will be set forth below, too.
WORD OF CAUTION: Many time-sensitive legal issues will need to be addressed as soon after your arrest as possible. So, bringing yourself up to speed on your legal rights and obligations is essential. Taking quick action in hiring legal counsel possibly holds the answer to winning, reducing, or dismissing a DUI case.
By answering the Top TEN Georgia “DUI meaning” law questions below, the top 10 Georgia statutes controlling DUI cases are covered. These statutory references and DUI info typically can be found in the various forms and paperwork received by those arrested for driving under the influence in the Peach State.
Your DUI defense attorney should be your guide to what is best for you, but under OCGA 40-5-64.1, Georgia licensees (age 21 and older) arrested in Georgia on a first offense DUI within the past 5 years may elect to install and pay the costs of a 12-month ignition interlock program through DDS GA. Unless the driver was charged with refusal to submit to post-arrest testing that driver should always file the GA DDS appeal within 30 days after arrest, and pay the $150 appeal fee.
Under OCGA Georgia minimum punishment standards, what is the absolute least DUI punishment for a 3rd DUI in Georgia with the prior 10 years? Since July 1, 2008, the rules for mandatory increased criminal law punishments (e.g., jail time and fines) has been measured by a 10-year “lookback” period.
Additionally, in GA, being convicted of 3 DUIs in 5 years revokes your driver’s license. This is part of Georgia’s “HV” (habitual violator GA) laws. Revocation means that your permission to drive is removed from the books as being a valid licensed driver, until and unless you wait out the revocation period and then take the steps re-qualify to drive again, including taking the in-car driving test with a State Trooper again.
For a quick look at how violations of DUI laws in GA for a 1st, 2nd, 3rd, or 4th offense are penalized, see the helpful GA DUI laws chart (below) created by veteran, NCDD.com Board-Certified Atlanta DUI attorney William C. Head.
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Only by listening to time-sensitive and targeting information about YOUR case facts can you evaluate your choice for your legal counsel. Simply looking for lawyers near me is a crapshoot. Don’t roll the dice on your future. Contact us at 404-567-5515. Our phones are answered 24 hours a day.
For some clients who did refuse a blood test or breathalyzer after being cuffed, our law group may advise you to opt for the ignition interlock device available under OCGA 40-5-64.1. This must be specially processed through the Georgia Department of Driver Services, so do not miss your 30-day deadline to either appeal to GA DDS or opt for that IID limited permit for a full year.
This short introduction explains why our DUI law firm fights these DUI charges, to find a better legal solution for our clients, and save their driver license. Even if you took the post-arrest test and have a reading over the Georgia DUI limit, our three award-winning DUI attorneys and legal book authors often obtain a non-DUI disposition for our clients.
A first offense DUI in GA criminal violation will remain on your criminal record FOR LIFE. This is one of the only crimes for which Georgia’s first offender act is specifically embargoed from being used. Because convictions under GA DUI laws cannot be expunged, including a first offense DUI, our DUI Atlanta law firm stays busy fighting all our clients’ driving under the influence offenses. In addition to the author of this article, Larry Kohn and Georgia’s top DUI lawyer, Bubba Head are available to give you a free consultation.
The Georgia DUI law is found in O.C.G.A. 40-6-391. Below is an infographic that covers not just a first offense DUI, but all levels of DUI punishment for felony or misdemeanor DUI in Georgia. The pink highlighted area covers first DUI in GA. The last bracket of DUI penalties in Georgia, for a 4th DUI in GA within 10 years is for a DUI felony Georgia.
This infographic above was created by William C. Head, has been a published legal book author since 1991, on the topic of how to beat a DUI. He also created a tri-fold flyer for criminal court judges who preside over the 1000-plus different DUI courts in Georgia. The image on Georgia laws for DUI is just ONE sheet (page) of that six-image flyer.
Without doubt, having a prior DUI conviction creates unexpected barriers to employment, especially in a major metropolitan city like Atlanta, Georgia. An arrest record for DUI in Georgia laws can plague you, too. But, by winning the case, a person can limit any damage, because few employers can ignore the fact that you won your case.
However, for some first offense driving under the influence GA cases, the mere arrest record can pose a significant problem. The situations our lawyers in Atlanta have encountered (for DUI penalties in Georgia) have been restricted to some very high-level security employment sectors.
We will review all DUI consequences Georgia with you, when we meet for your FREE lawyer consultation. Call today at 404-567-5515 and ask about our legal fee payment plans.
DUI penalties for drunk driving convictions in Georgia can last forever. Hiring the right DUI specialist is critical for that person to be able to drive. When accused of the motor vehicle crime of being DUI less safe, your refusal to acquiesce to post-arrest DUI testing can trigger a total license suspension.
Not only can violating DUI laws Georgia affect your car insurance premiums, but your entire insurance rating (e.g., for life insurance) can be affected. So, the list of DUI penalties Georgia creeps into your pocketbook in many ways, and for many years.
By contrast a BUI Georgia has no impact on your GA DDS driving privileges in GA, but a conviction for a BUI charge can cost you boating privileges for a full year. Other states, like Missouri, will “count” a BUI from any state as a prior impaired driving offense, however.
Until convicted, no permanent criminal record for conviction of a drunk driving offense exists. This pertains to alcohol or drugs. A DUI attorney knows that raising legal challenges to the evidence and having court rulings on the record are crucial to fighting a DUI successfully.
Avoiding conviction for a DUI in Georgia is the objective, so do not trust that difficult task to just any DUI lawyers near me. Even if you were unaware that all roadside sobriety tests are NOT scientific and are voluntary, you know it now. Even if you attempted the bogus tests, our criminal lawyers near me can usually assist accused citizens.
Wording of the Georgia DUI statute O.C.G.A. 40-6-391
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