Columbus, GA DUI Attorney

Bluntly, a DUI conviction will have an immediate impact on your privilege to drive a motor vehicle, and a whole lot more. And while typically, a DUI is a misdemeanor, it can have long-term effects on your daily life.  Whether you are facing your first or fifth DUI conviction, the short-term and long-term penalties can be very harsh.

In Georgia, the potential consequences for DUI include:

• Loss of driving privileges in the future
• Higher auto insurance rates
• Increased cost of credit
• Employment issues in a variety of occupations
• Professional li censing issues in a variety of professions
• Labeled as a habitual violator under state driving laws
• Disclosure issues when applying for college
• Money, money, money – as it continues to cost you
• Limiting driving permits
• Installation of ignition interlock device on your vehicle
• Community service hours
• Costly supervised probation

Georgia DUI Penalties

Georgia’s DUI laws, like many other states in the U.S., constitute what the legal profession calls a recidivist statute because it provides for an enhanced sentence, or punishment, for each subsequent conviction within a certain period of months or years. 

If convicted of DUI in the State of Georgia …punishment is a function of how many DUI convictions the driver has on his record within the last 10 years measured from the date of arrest. In other words, it is a 10-year lookback for purposes of enhanced punishment. 

First Offense -

If this is your first offense within a ten-year period (1^st in 10), the following applies:

• Fine - $300.00 - $1,000.00 plus any statutory surcharges.
• Jail – 24 hours minimum; 10 days to 12 months maximum.
• Community Service – The law requires a minimum of 40 hours of community service unless you are under 21 years of age in which case you must do at least 20 hours.  The actual time is set by the court.
• Clinical Evaluation (for drugs/alcohol) – the court, in its discretion, may choose not to impose this element of sentencing in some cases where it is the driver’s first DUI. For most DUI convictions, the clinical evaluation and treatment, where deemed necessary, will be part of the Court’s sentence. 
• Georgia DUI Alcohol and Drugs Risk Reduction Program. 
• Probation: limited to 12 months less time served.

License Suspension – the suspension of a license of a Georgia driver is determined based upon the number of similar DUI-based suspensions within a five (5) year period measured from date of arrest to date of arrest. In other words, it is a 5-year lookback from the date of the current arrest for purposes of enhanced suspension of driving privileges. 

If a first (1^st) offense within a five-year period (1^st in 5), you will lose your license as follows:

• If you are age 21 or over, your license will be suspended for one year.  However, you will be eligible for full reinstatement of full driving privileges at the end of 120 days if you have completed an alcohol/drug risk reduction course (DUI school) and paid the appropriate reinstatement fee.  During those first 120 days, you should be eligible for a limited driving permit (assuming there are no other active suspensions of your license).
• If you are under age 21, your license will be revoked for either 6 months (under 0.08 blood alcohol level) or 12 months (0.08 or higher); and, no limited driving (work) permit is available under current Georgia law.
• Different rules of suspension apply if the arrest for DUI is based upon being under the influence of drugs (not alcohol) while driving.
• DUI School – You must complete DUI School (Georgia DUI Drug & Alcohol Risk Reduction Program) to have your driver’s license or privilege to drive in Georgia reinstated.  Go to the website at https://dds.georgia.gov/ to determine which out-of-state program will be accepted by Georgia.

Second Offense - 

If this is the second offense within a ten-year period, the following criminal punishment applies:

• Fine - $600.00 - $1,000.00 plus any statutory surcharges.
• Jail – 90 days to 12 months, all except 72 hours of which may be suspended, stayed or probated.  As with a first DUI within a ten-year period, you must do twelve months probation less any jail time.
• Community Service – The minimum community service is thirty days (240 hours).
• Clinical Evaluation & Treatment -  mandatory for a 2^nd in 10 years.
• Probation: limited to 12 months less time served.
• License Suspension – If this is your second offense within a five-year period, you will lose your license as follows: A “second-in-five DUI” (2^nd DUI in 5 years) means your GA driver’s license will be suspended for three years.  The first eighteen (18) months is often referred to as “hard suspension” because no limited permit or hardship license will be granted.  Ignition interlock limited permit is required for 12 months before any reinstatement of your driving privileges.  Under the current law, for a second or subsequent conviction within a five-year period, an ignition interlock device must be installed on all vehicles registered to the offender with limited exception. After 18 months, including satisfaction of 12 months driving under an ignition interlock permit, and completion of DUI school, early reinstatement of full driving privileges is available.

Third DUI in Georgia (“3^rd in 10”)

Offenders receiving a third DUI within ten (10) years face severe criminal penalties to include:

• Fines  - up to $5,000.00
• Jail – no less than 120 days (with limited exceptions, judge can stay all but 15 days), and probation up to 12 months
• License Suspension - Driver’s license suspension for up to five (5) years, depending upon how many DUIs occurred within five (5) years
• Community Service - no less than 30 days community service
• Clinical Evaluation – a clinical evaluation and, if recommended, completion of a substance abuse program
• Probation: limited to 12 months less time served.

Fourth DUI in Georgia (“4^th in 10”)

Offenders convicted of a fourth (4^th) DUI within ten (10) years face the most severe criminal penalties because now the crime is classified as a FELONY, and jail time is no longer limited to 12 months. 

• Fines  - up to $5,000.00.
• Jail – no less than 1 year up to 5 years (with limited exceptions, judge can stay all but 90 days), and probation up to 12 months
• License Suspension - Driver’s license suspension for up to five (5) years, depending upon how many DUIs occurred within five (5) years.
• Community Service - no less than sixty (60) days community service
• Clinical Evaluation – a clinical evaluation and, if recommended, completion of a substance abuse program.
• Probation: Five (5) years less time actually served.

The Further Consequences of a DUI Conviction

Being charged with a DUI can have serious consequences that can impact various aspects of your life.  It is important to understand the potential consequences of a DUI conviction so that you can make informed decisions about your defense. At Ted Morgan Law, our experienced DUI attorneys are here to guide you through the legal process and help you minimize the impact of a DUI conviction.

Some potential consequences of a DUI conviction include:

• License Suspension:  A DUI conviction can result in the suspension of your driver’s license.  This can make it difficult to commute to work or school and can impact your overall mobility.
• Fines and Penalties:  DUI convictions often come with hefty fines and penalties. These financial burdens can add up quickly and put a strain on your finances.
• Ignition Interlock Device:  In some cases, a DUI conviction may require the installation of an ignition interlock device in your vehicle.  This device measures your blood alcohol concentration (BAC) before allowing you to start the car.
• Probation:  A DUI conviction may also result in probation, which can restrict your freedom and require regular check-ins with a probation officer.
• Impact on Employment:  Having a DUI conviction on your record can make it difficult to secure or maintain employment, especially in professions that require a clean driving record.
• Jail Time:  A DUI conviction always carries the probability of serving time in jail.

What Happens if You Refuse to Submit a DUI Test in Georgia?

What is a “refusal” DUI?  The biggest impact of the “refusal” to submit to the police officer’s request to undergo testing is the immediate administrative suspension of your driver’s license.

A Georgia driver has the right to “refuse” and not allow the officer to administer tests of the driver’s breath, blood or urine.  However, the “refusal” can have a significant adverse impact on the administrative license suspension case as well as the criminal DUI case.

Refusal means an automatic twelve (12) month administrative suspension of one’s driving privileges in the State of Georgia by the Department of Driver Services without a right to a limited permit, barring a dismissal or acquittal from the charge of DUI in criminal court. However, it you retain Ted Morgan before 30 days from the date of arrest, we may be able to prevent the automatic suspension of your driver’s license.

Oftentimes, the “refusal” will be admitted into evidence in the trial of the DUI case.  One key is whether the officer properly administered the implied consent warning and whether there are any legal challenges that will cause the trial judge to exclude the results of the test or the “refusal” from evidence in the trial. The other issue revolves around recent Georgia case law which protects your right against self-incrimination under the Georgia Constitution and thus protects your right to refuse to provide a breath sample. In such cases, the refusal to provide the breath sample should not be admitted into evidence at your DUI trial. 

What is Georgia’s Implied Consent Law?

Like all states, Georgia has an implied consent law, which means that by driving you are implying that you will consent to a chemical test if an officer requests it.  Refusing to submit to a chemical test when requested may be problematic for your driver’s license but may still be in your best interests if you are arrested for a DUI.

Georgia Law, O.C.G.A. § 40-6-392(a)(4)

Georgia law, O.C.G.A. § 40-6-392(a)(4), requires that a person be advised of his implied consent warnings “at the time of the arrest.”  As a general rule, an arrest for DUI must be made before the officer can give Implied Consent Advisements and test your breath, blood or urine.

Current Georgia case law provides one exception: when there is a traffic accident resulting in a serious injury and there is probable cause to arrest the driver for DUI, the officer does not need to physically arrest you before reading the Implied Consent Advisement. 

However, if there is no accident resulting in a serious injury, the need for implied consent is triggered at the point that a driver-suspect is not free to leave and a reasonable person in that position would not believe that the detention was temporary.

In sum, an arrest for DUI is typically mandatory before Implied Consent Advisements may be given and a test demanded. However, your refusal to comply with the officer’s request for a chemical test can have an immediate impact on your privilege to drive, even before the DUI case has concluded. Other legal issues include whether you have an independent right to refuse a breath test. Hiring a qualified DUI attorney is the real key to vindicating your rights. 

Protect Your Rights and Future with Experienced DUI Defense

Being charged with a DUI can have serious consequences that can impact your life for years to come. It is crucial to have a skilled and experienced DUI attorney on your side to protect your rights and fight for the best possible outcome for your case.

At Ted Morgan Law, our team of dedicated DUI defense attorneys has extensive experience in handling DUI cases in Columbus, GA and the surrounding areas. We understand the complexities of DUI laws and have a proven track record of successfully defending our clients against DUI charges.

When you choose us for your DUI defense, you can expect:

• Personalized attention and a customized defense strategy tailored to your specific case
• Thorough investigation of the circumstances surrounding your arrest, including any potential violations of your rights
• Aggressive representation in negotiations with prosecutors and in court
• Knowledgeable guidance throughout the legal process, ensuring you understand your options and rights
• Efficient handling of administrative license suspension hearings
• Strategic defense strategies aimed at minimizing the impact of a DUI conviction on your driving record, insurance rates, and future opportunities

We Are Ready to Help You Fight Your DUI Charges

With so much at stake, it is crucial to have a Columbus, GA DUI attorney on your side who knows how to fight for your rights. When you rely on Ted Morgan Law, we can work to minimize your penalties or have your charges dismissed altogether. Remember, you only have 30 days to enter your appeal, so act now by giving us a call. 

We serve clients across west central Georgia including the cities of:

• Lumpkin
• Richland
• Manchester
• Greenville
• And LaGrange

Related Reading

• Consequences of Your 1st DUI in Georgia
• What Happens When You Get Your 2nd DUI in Georgia
• At-Fault Car Accident Laws in Georgia
• Georgia Law Enforcement Changes DUI Policy
• What You Need to Know About Georgia DUI and Form 1205
• Your Driver’s License – Is It Suspended After Being Arrested for DUI in Georgia?
• The Crucial Role of a Columbus, GA DUI Attorney: Safeguarding Your Future

To schedule your free consultation, dial (706) 622-6255 today to speak with our Columbus, GA DUI lawyer.