Legal Question in DUI Law in Georgia

If you get a dui in georgia for the first offense, do you have to go to jail and is your license suspended?


Asked on 7/05/11, 12:08 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unless an administrative appeal is filed with the Department of Driver Services within 10 business days of your arrest to challenge the suspension, you will automatically lose your driving privileges for a year. For this reason, it�s urgent to file a timely appeal to protect your ability to drive and keep your license active. This is regardless of what happens with your ticket. So you MUST get a lawyer less than 10 days after your ticket.

Because judges must follow the �mandatory minimum� sentencing guidelines, even a first-time offender could spend 24 hours in jail. Judges are also free to impose harsher penalties and often do. You can receive a year in jail and $1000 fine, plus surcharges of a few hundred dollars. You also MAY, depending on facts you have not given, get a license suspension in court regardless of the administrative outcome. Also, a minimum of 40 Hours of Community Service is MANDATED.

A DUI conviction or plea of "guilty" or nolo contendere will be a permanent part of your driving record. It never comes up.

Other consequences include that your car insurance rates will increase. A Dui can easily cost you from $5000 to $20000 in total.

DUI laws are complex and the above is a general summary. The answer can change for an under 21 driver and for commercial drivers. The practical answer is also affected by whch court you are in.

Get a good lawyer within the 10 day suspension period.

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Answered on 7/05/11, 12:19 pm


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