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Driving

DUI
Drinking and Driving carries serious consequences under Georgia Law.
DON'T DRINK AND DRIVE

A Nolo Contendere Plea Will No Longer Save Your Georgia Driver’s License.
Previously, some DUI violators could save their Georgia Driver’s License by pleading Nolo Contendere (no contest). Now Nolo Contendere pleas are considered as convictions for all DUI arrests.

1. Zero tolerance for alcohol usage by drivers under the age of 21 years.
A driver under 21 years old is per se guilty of DUI if his alcohol concentration is 0.02 grams or more.

2. A Commercial Driver is per se guilty of DUI if his alcohol concentration is .04 grams or more.

3. .08 is the limit for persons 21 years of age or older.
The alcohol concentration level at which a person age 21 or older commits a per se DUI offense is 0.08 grams of alcohol. A per se DUI is one where no evidence of impaired driving is needed, only the evidence of the driver’s alcohol concentration.

4. Mandatory jail time for all first time DUI violators.
All DUI violators, upon conviction, spend time in jail. An offender who has not had a conviction arising from a DUI arrest during the previous ten (10) years shall spend a minimum of twenty- four (24) hours in jail.

5. Substance abuse evaluation/treatment program required for DUI violators.
A driver, who has a DUI conviction, must undergo a clinical evaluation for alcohol or substance abuse and if a problem is indicated, he must complete an alcohol or substance abuse program before he can apply for reinstatement of his license, and must use an ignition interlock device.

6. License Tag seizure for second or more DUI violators.
In addition to other penalties, any driver who receives a conviction for a second or subsequent DUI in a ten year period faces a mandatory surrender of all license plates registered to the driver.

7. Mandatory Driver's License Suspension.
A first time DUI conviction in ten years results in a one year suspension, although the defendant can reapply for a driver’s license after 120 days upon completion of a risk reduction course (DUI School). A defendant can also apply for a limited driving permit if they are over 21 years of age and do not have a commercial driver’s license.

A second or more DUI conviction in ten years results in a longer driver’s license suspension period, longer mandatory jail time, and additional requirements imposed upon the defendant in order to regain reinstatement of their driver’s license.

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                                                                         July 1, 2008 DUI Laws Change

Georgia's new felony DUI law applies to offenses occurring on or after July 1, 2008. Under its provisions:  · First and Second DUI Convictions are treated as misdemeanors.  · Third DUI Convictions are treated as high and aggravated misdemeanors.  · Fourth or Subsequent Convictions committed within ten years are treated as felonies.

First Time DUI Convictions
   · Fines ranging from $300.00 to $1,000.00  
   · A period of imprisonment from ten days to 12 months (judge may probate all but 24 hours of jail time)
   · A minimum of 40 hours of Community Service for DUI at .08 BAC or above/Or a minimum of 20 hours of
     Community Service for DUI below .08 BAC
   · Completion of a DUI Alcohol or Drug Use Risk Reduction Program
   · A clinical evaluation and completion of any necessary treatment   · 12 months of probation

Second Time DUI Convictions
   · Fines ranging from $600.00 to $1,000.00
   · A period of imprisonment from 90 days to 12 months (offender must serve 72 hours of actual jail time)
   · A minimum of 30 days of Community Service   · Completion of a DUI Alcohol or Drug Use Risk
     Reduction Program
   · A clinical evaluation and completion of any necessary treatment   · 12 months of probation

Third Time DUI Convictions
   · Fines ranging from $1,000.00 to $5,000.00
   · Period of imprisonment from 120 days to 12 months (offender must serve 15 days of actual jail time)
   · A minimum of 30 days of Community Service
   · Completion of a DUI Alcohol or Drug Risk Reduction Program
   · A clinical evaluation and completion of any necessary treatment
   · 12 months of probation

Fourth and Subsequent Convictions
   · Fines ranging from $1,000.00 to $5,000.00
   · A period of imprisonment from one to five years (offender must serve three months of actual jail time)
   · A minimum of 60 days of Community Service
   · Completion of a DUI Alcohol or Drug Risk Reduction Program
   · A clinical evaluation and completion of any necessary treatment
   · 5 years of probation



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