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There are numerous ways that a DUI offender can be punished under Georgia law. Some of these are a jail sentence, fines, license suspension, and community service. The judge in your case can impose a jail sentence, a fine, community service, ignition interlock, etc. The Department of Driver Services (commonly known as "DDS") can (and usually will) impose a period of suspension of your driving privileges. Since DUI is a misdemeanor in Georgia, the judge has the legal authority to impose a jail sentence of up to one year and a fine of up to $1,000.00 (and sometimes up to $5,000.00) for each offense charged. This doesn't mean that the judge in your particular case will give you a one year jail sentence or a $1,000.00 fine -- it just means that he or she can impose such a sentence if he or she sees fit. The following is a brief summary of DUI law in Georgia:

1st DUI IN 5 YEARS

Community Service: 40 hours minimum

Jail: 24 hours to one year in jail.

Fines: $300 to $1,000

License Suspension: One year suspension. Permit may be issued for four months. License may be reinstated if DUI school completed and fee paid.

2nd DUI IN 5 YEARS

Community Service: 30 days minimum.

Jail: Minimum of 3 days, up to one year in jail.

Fines: $600 to $1,000

License Suspension: 3 year suspension. After 12 months (with no permit to drive), mandatory ignition interlock for 6 months, then License can be reinstated if driver has done counseling, DUI school completed and fee paid. Auto tags of driver confiscated.

3rd DUI IN 5 YEARS

Community Service: 30 days minimum.

Jail: Minimum of 15 days, up to one year in jail.

Fines: $1,000 to $5,000

License Suspension: 5 year license suspension. A 3rd DUI in 5 years results in habitual violator suspension and if the offender drives after being declared an habitual violator, he or she may be prosecuted for a felony offense. Mandatory ignition interlock for issuance of HV permit after two (2) years.

Remember, the above are ranges of punishment that the judge and the State Patrol can impose in your case. Other charges can result in jail sentences, fines and license suspension also, such as refusing to take the alcohol test, No Insurance, Driving on a Suspended License, Hit and Run, et cetera.

THE ADMINISTRATIVE LICENSE SUSPENSION LAW

Georgia has enacted very strict administrative license suspension laws that may apply to your case. If the arresting officer has completed DDS Form 1205 (a "sworn report") and mailed that form to DDS, then your license will be suspended effective on midnight on the 30th day following your arrest date. Your license can be suspended by DDS under the administrative license suspension law for only two reasons, which are (1) your blood alcohol level was over a certain limit when you were arrested, or (2) you allegedly refused to submit to a blood, breath or urine test as requested by the arresting officer. The blood alcohol limits which will invoke the Administrative License Suspension law are as follows:

1. If you were 21 or older at the time of your arrest, and your blood alcohol level was .080 or higher at the time of testing; or
2. If you were under 21 at the time of arrest and your blood alcohol level was .020 at the time of testing; or
3. If you have a commercial driver's license, were in a commercial vehicle at the time of arrest, and your blood alcohol level was .040 or higher at the time of testing;

If you were accused of refusing a blood, breath or urine test, then your suspension is for one (1) year, with no permit to drive. This suspension can be terminated only two ways, these are (1) if we take your case to trial and you are acquitted (or the DUI case is dismissed), or (2) we win at the administrative license suspension hearing and the license suspension is rescinded by the Administrative Law Judge (ALJ). You cannot, and will not, get a hearing with the Office of State Administrative Hearings (OSAH) unless you (or this office) properly demanded a hearing within ten (10) business days of your arrest date.

BE CAREFUL!!! Take this quick quiz now to see if you are subject to the Georgia Administrative License Suspension Law!

THE TRIAL OF A DUI CASE

Many different factors should be considered when making the decision to take your case to trial. Obviously, you have a constitutional right to have a trial in your case, no matter what the facts are. Some of the major factors that you should consider when making your decision are:

• Any defenses that may increase your chances of prevailing at trial
  
• Whether you are eligible to take advantage of an attractive plea agreement
  
• Whether you have any prior DUI offenses that may be admissible at trial
  
• The admissible evidence against you in your case (including "the breath test")
  
• What you stand to loose by entering a plea of guilty or if a verdict of guilty is entered against you at trial
  
• The particular facts of your case
  
• The court in which your case will be tried in

The decision to take your case to trial is entirely up to you and you should consult with an attorney at length before making a final decision. All of the facts of your case need to be reviewed thoroughly before making this decision. Many clients ask us what there "chances are" if they go to trial in there DUI case. Although it is impossible to determine an exact probability of success in your case, we do have a set of checklists and forms that we use to analyze your entire DUI case.