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THE MOST FREQUENTLY
ASKED QUESTIONS ABOUT
DUI
WHAT ARE THE LEGAL LIMITS OF
ALCOHOL IN GEORGIA?
A reading of 0.08 within 3
hours of driving is considered DUI if you
are 21 or over.
A reading of 0.02 within 3
hours of driving is considered DUI if you
are under 21.
A reading of 0.04 within 3
hours of driving is considered DUI if you
are in a commercial
vehicle.
The "less safe" provision
of Georgia DUI statutes says that the State
must prove alcohol and/or other intoxicants
caused the driver to be less
safe.
Being at/over the limit of
0.08 raises the presumption of
intoxication.
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WHAT IF I HAVE A COMMERCIAL
DRIVER'S LICENSE? (A
CDL)
If you have a CDL, tested
at 0.04 or above and were in a commercial
vehicle, you are subject to the 10 Day Rule
and must file an appeal to request a special
hearing within 10 days to contest the
suspension of your driver's
license.
If you have a CDL, tested
at 0.04 or above, and were driving a
commercial vehicle, or tested at 0.08 or
above and were driving a private vehicle, or
refused to take the test, your CDL was
probably suspended at the time of your
arrest. This is because Federal Regulations
require you to have your CDL physically with
you when driving a commercial vehicle. If
your CDL was taken by the law enforcement
officer you may not drive a commercial
vehicle until your CDL is in your
possession. You may still be able to drive
your personal vehicle, but should contact my
office Lawyers so we can ascertain the
details of your
suspension.
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WHAT
IS THE 10 DAY
RULE?
The 10 Day Rule states
that you must file an appeal to request a
special hearing in front of the an
Administrative Law Judge within 10 business
days of your arrest in order to contest the
suspension of your driver's
license.
This hearing is separate
from and different than your criminal case,
and you probably were not told about it
during your arrest. This is often a point of
confusion. DON'T LOSE YOUR LICENSE! Contact
my office Lawyers immediately so we can
request this hearing on your
behalf.
Are you required to file
for this hearing? Click here to
see.
If you fall under the
jurisdiction of the 10 Day Rule, we need to
take immediate action. Click here for
contact information. We will file for this
hearing immediately and do everything in our
power to ensure that you retain your
license. We will need you to fax your
suspension notice, sometimes referred to by
law enforcement as your "temporary driving
permit." The lower left hand corner should
say DMVS Form 1205.
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WHAT ARE THE
PENALTIES FOR DUI IN
GEORGIA?
DUI is one of the toughest
convictions in Georgia. Judges do not go
easy on guilty verdicts. The punishment can
be extreme and usually includes suspension
of license, jail time, probation, community
service, driving school, and treatment.
Additionally, there is a permanent scar on
your record that will raise your insurance
rates, and will make it difficult to get a
license, rent a car, and obtain jobs with
certain employers.
To mitigate or altogether
circumvent these multiple undesirable
outcomes, contact MY OFFICE Lawyers. Our
attorneys possess the knowledge and
expertise to keep this from happening to
you.
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SENTENCING
REQUIREMENTS FOR DUI
Statute in effect as of
July 1, 2001
1st DUI CONVICTION IN 5
YEARS No 1st offender
treatment
Jail Time - MUST SERVE 24
HOURS
10-day minimum/12-month
maximum
Fine - $300 minimum/$1,000
maximum
Community Service - not
less than 40 hours Risk Reduction/DUI School
License suspended for 12 months, limited
driving permit allowed Probation - 12
months' reporting, regardless of paying fine
early 2nd DUI CONVICTION IN 5 YEARS Jail
Time- MUST SERVE 72 HOURS 90-day
minimum/12-month maximum Fine - $600
minimum/$1,000 maximum Community Service -
not less than 240 hours Risk Reduction/DUI
School Mandatory Alcohol Evaluation and/or
treatment License suspended for 3 years; no
permit for 12 months; 6 month permit
follows.
Probation - 12 months'
reporting, regardless of paying fine early
Picture in Paper - photograph of Defendant
must be published in newspaper Ignition
Interlock Device mandatory on all cars you
own or operate for 6 more months after first
12 months with no permit; may obtain limited
driving permit for 6
months.
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3rd DUI
CONVICTION IN 5 YEARS
Jail Time - MUST SERVE 15
DAYS
120-day minimum/12-month
maximum
Fine - $1000
Minimum/$5,000 Maximum - Court may suspend
fine if Defendant ordered into treatment
program Community Service - not less than
240 hours Risk Reduction/DUI School
Mandatory Alcohol Evaluation and/or
treatment License revoked for 5 years as
Habitual Violator Probation - 12 months'
reporting, regardless of paying fine early
Picture in Paper - photograph of Defendant
must be published in newspaper Habitual
violators lose license for 5 years.
Probationary license available after 24
months.
Defendant
<21:
Driver’s license
suspended. 1st violation - 6 months; 2nd
violation - 1 year If BAC> 0.08, then
license suspended 1 year for 1st violation
Defendant may be segregated from general
population and serve weekends for 1st
conviction Subsequent convictions cannot be
segregated or weekends § 17-10-3.1 Child
Endangerment:
If Defendant had child
< 14 in car, then sentenced according to
§16-12-1; $1,000 fine and up to 12
months.
License Plate: §
40-2-136
If Defendant is a Habitual
Violator, then Defendant must surrender the
license plate of the vehicle he was driving,
and if it was not his, the license plate of
any vehicle he owns The COURT
must:
1) Notify the Department
of Public Safety within 10
days
2) Give the Defendant a
receipt
3) Forward the tag to the
local tag agent
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WHAT IF I AM UNDER
21?
A blood alcohol
level of just 0.02 within three hours of
driving is sufficient for a DUI
conviction Your license is SUSPENDED;
therefore it is necessary to go through
the ENTIRE PROCESS of obtaining a license
again If your blood alcohol level is less
than 0.08, then your revocation is for 6
months If your blood alcohol level is
greater than 0.08, then your revocation
is for 1 year Contact the law office of
Frederick V.
Bauerlein678-797-9700
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