By: Attorney Erin Dohnalek

In Georgia, an individual may be charged with DUI under the following circumstances:

• If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to the extent that it was less safe for them to drive.
• If he/she was in actual physical control of a moving vehicle while he/she was under the influence of any drug to the extent that it was less safe for them to drive.
• If he/she was in actual physical control of a moving vehicle while he/she was under the influence of a combination of any two or more controlled substances, which does include alcohol, to the extent that it was less safe for them to drive.
• If he/she was in actual physical control of a moving vehicle while his/her alcohol concentration is .08 grams or more, or at any time within three hours after such driving, or being in actual physical control of the vehicle, ended.
• If he/she was in actual physical control of a moving vehicle while there is any amount of marijuana or a controlled substance, as defined by O.C.G.A § 16-13-21, present in his/her blood or urine.

If an accused is convicted of DUI, pursuant to O.C.G.A § 40-6-391, his/her license will be suspended. This is a mandatory suspension required by the Department of Driver’s Services. The length of the suspension is decided by how many prior DUI convictions he/she has had in the last five years. Those suspensions are as follows:

• If the accused has not had a prior DUI conviction in the last five years:
  • The suspension will be for a period of 4 months.
  • During the suspension, the accused will be eligible for a limited permit to drive if he/she is a resident of Georgia, and he/she has not had a prior DUI conviction in the last five years.
  • After the 120-day suspension, the accused will be eligible to get their permanent license back if he/she completed a Risk Reduction Course, otherwise known as DUI school, and paid a $210 reinstatement fee.
• If this is the second DUI conviction in the last five years for the accused:
  • The suspension will be for a period of 18 months.
  • For the first 4 months of the suspension, there will be a hard suspension with no eligibility for a limited permit. This means for the first 4 months, he/she will not be able to drive.
  • After the first 4 months, he/she may be issued a limited permit if he/she installs an ignition interlock in their vehicle.
  • After the full 18 months, the accused will be able to reinstate their license if he/she has completed a substance abuse evaluation, and recommended treatment, and has shown proof of that completion to the Department of Driver’s Services.
• The most serious license suspension happens to drivers who have been convicted of a third DUI in the last five years.
  • If that occurs, the driver will be considered a Habitual Violator.
  • This will require a 5-year suspension, which will mandate no driving, and there is no eligibility for a limited permit.
  • Only after two years can an accused be eligible for a probationary license to drive.
  • It is very important that the accused not drive if he/she is a Habitual Violator, as he/she could be arrested for a felony that carries at least one year in jail.

Contact Us

Due to the severity of the license suspension consequences of a DUI conviction, it is of vital importance to speak with an experienced criminal defense attorney about your case. At the Law Offices of W. Scott Smith, our lawyers are trained to know every aspect of defending a DUI, we understand the defenses to the charge, we take pride in advocating for our clients’ constitutional rights, and we detail all options for our clients when defending their case. If you or a loved one has been charged with DUI, and are worried about the license consequences associated with a DUI conviction, please call our office today at 404-581-0999 for a free consultation.