There are two ways that a person may be arrested for being in violation of Georgia DUI law O.C.G.A § 40-6-391, the first is for being in violation of the Georgia 'per se' law, which states that it is against the law for any person to operate or be in control of a motor vehicle with a blood alcohol concentration of .08% or greater.
The second way a person can be arrested for being in violation of Georgia DUI law is, through the arresting officer's observation's of the defendant's driving behavior prior to the stop or by being involved in a collision. In either of these cases it is not necessary for the defendant to have a blood alcohol concentration of .08% or greater, you can be arrested for and charged with a Georgia DUI even if your BAC was .06 percent.
If you have been arrested for driving under the influence in Georgia, the arresting officer must read you the 'implied consent law' notice and request that you submit to a state approved chemical test. Whether or not you refused a chemical test or took the chemical test, the arresting officer will issue an order of suspension on your driver's license and you only have ten days from the date of your arrest in which to request an administrative hearing with the Georgia DDS.
If you fail to request an administrative hearing within the ten day period following your arrest, the suspension will be upheld and you will not be eligible to apply for a limited driving permit.
If you refused a chemical test and failed to request an administrative hearing within ten days of your arrest, your driver's license will be suspended for a minimum of 1-year and can be suspended for up to 5-years depending on any previous convictions.
A first time offender may apply for a limited permit in order to drive to and from work and during their normal duties while at work. To drive to the pharmacy to pickup a prescription. To drive to and from school. To drive to and from DUI alcohol or drug risk reduction program. Before the DDS will issue you a limited permit you will be required to show proof of financial responsibility in the form of an SR22 insurance filing.
A second time offender may apply for an ignition interlock limited driving permit (as long as they submitted to a chemical test) after 12 months of the suspension period has elapsed. In order to be eligible for an interlock permit you must submit proof of DUI school completion and installation of the ignition interlock device before the DDS will issue you an ignition interlock limited permit. You will be responsible for the installation costs and monthly leasing fees associated with the ignition interlock. After you have had the ignition interlock device permit for 6-months, you may apply for reinstatement of your driver's license by mailing a fee of $200 and the original proof of completion of the Risk Reduction program to:
You may also apply for reinstatement in person at the Conyers office by paying a $210 in-person fee and providing them with proof of completion of the Risk Reduction program.
A first offense conviction means that you have not been convicted of a previous DUI charge within the past 10-years. The penalties for a first offense DUI charge are as follows:
A second offense conviction means that you have been convicted of one previous DUI within the past 10-years. The penalties for a second offense DUI conviction are as follows:
A third offense conviction means that you have been convicted of two previous DUI's within the past 10-years. The penalties for a third offense DUI conviction are as follows:
A fourth or subsequent offense conviction means that you have been convicted of three previous DUI's within the past 10-years and a fourth offense is a felony offense. The penalties for a fourth or subsequent offense DUI conviction are as follows:
If you are under 21 years of age and are stopped for any reason and your blood alcohol concentration is .02% or greater, you will be arrested for driving under the influence in Georgia. A first time offense will result in your driver's license being suspended for 6-months.
A second offense under the age of 21 will result in your driver's license being suspended for a period of 12-months. Anyone arrested for DUI under the age of 21 is not eligible for a limited driving permit. You will have to wait until your suspension period is up before you may apply for a license reinstatement with the Georgia DDS.
Anyone stopped while driving a commercial motor vehicle (CMV) with a blood alcohol concentration of .04% or greater is in violation of the Georgia 'per se' law and will be arrested.
Before the Georgia Department of Driver Services will reinstate your license following your suspension or revocation period or before issuing you a limited permit, they will require you to file an SR22 form with them before issuing you a new license or permit. You will be required to carry your SR22 insurance for a period of 3-years.
At anytime during this 3-year period if there is a lapse in your Georgia SR22 coverage, your insurance provider is obligated by law to immediately inform the Georgia DDS of the lapse. If a lapse in coverage occurs, the Georgia DDS will immediately suspended your license and you will be required to re-file an SR22 form with the DDS before they will issue you another license.
Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Georgia and has worked out a special discount only available here for our website visitors.
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Georgia First Offense DUI - First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and much more.
Georgia SR22 Insurance Filings - We have compiled everything you need to know about Georgia's SR22 insurance and filing requirements including important addresses, phone numbers, etc.
Georgia DUI Risk Reduction Programs - We offer a complete listing of state approved DUI risk reduction programs listed by County.
Georgia Bail Bondsmen - Comprehensive list of Georgia bail bond agents including address, phone, website, etc.