Georgia

georgiaGeorgia State Law

Georgia has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
Georgia DMV (Department of Driver Services)
Georgia is one of 41 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.

You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 11th for one year, although first time offenders can request a work permit after 30 days. After the suspension period, you will be required to get an ignition interlock device.

Remember that this is a separate case than the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures

In Georgia, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher for a second offense.

License Revocation, Fines and Jail

  • First Offense – Misdemeanor: 10 days to 12 months in jail, $300 to $1,000 in fines, license suspension up to one year, and no less than 40 hours community service. Must complete DUI alcohol or drug use risk reduction program. Possible clinical evaluation and treatment or attendance at substance abuse treatment program.
  • Second Offense – Misdemeanor: 3 days to 1 year in jail, fines up to $1,210, 18 month license suspension, community service, probation for 12 months, and installation of an interlock device for one year upon license restoration. No less than 30 days community service, must complete DUI alcohol or drug use risk reduction program. Clinical evaluation and treatment and possible attendance at substance abuse treatment program.
  • Third Offense – High and Aggravated Misdemeanor (Declared Habitual Violator): 120 days to 1 year in jail, fines up to $5,210, five-year license suspension, community service, press coverage, installation of an interlock device for six months, complete a DUI Alcohol Risk Reduction Program, and receive a clinical evaluation. As a Habitual Violator, your license plate will be seized and sent to the department of motor vehicle safety.
  • Fourth and Subsequent offense – Felony (Declared Habitual Violator): 1 to 5 years in jail, fines up to $5,000, 5 years driver’s license revocation, completion of a DUI Alcohol or Drug Use Risk Reduction Program, and installation of ignition interlock device for a minimum of 1 year upon license restoration. Possible forfeiture of vehicle. Placed on probation for 5 years (less any days a person is incarcerated).

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