Answers To Your DUI And Traffic Violations Questions

An arrest for drunk driving in Georgia can result in extremely serious and long-term consequences. And even traffic violations can become a part of your permanent driving record. It is therefore important to have an experienced DUI and traffic defense lawyer on your side who can answer your questions, and who will aggressively fight all charges for you.

Below are some answers to commonly asked questions regarding DUI and traffic violation cases.

What Is The Legal Blood Alcohol Content Limit In Georgia?

Georgia applies different blood alcohol content (BAC) limits based on the driver’s classification. For most adult drivers, the legal limit is .08%. Commercial drivers are held to a stricter threshold of .04% while operating a commercial vehicle. Drivers under the age of 21 fall under Georgia’s zero tolerance standard, meaning a BAC of .02% or higher may lead to DUI charges.

Law enforcement officers often rely on chemical testing results along with driving behavior and field observations made during the traffic stop. Even relatively low alcohol levels can result in serious consequences for younger drivers and commercial license holders. Because these limits vary, the same test result can carry very different legal outcomes depending on who is behind the wheel.

How Long Will A DUI Stay On My Record In Georgia?

A DUI conviction in Georgia typically remains on both your criminal record and driving history permanently. Unlike many traffic offenses, a DUI is not automatically removed after a certain number of years. This can affect future employment opportunities, professional licensing and insurance rates.

Prior DUI convictions may also be used to increase penalties if you face another charge later in life. Because of the long-term impact, how a DUI case is handled at the outset matters. Outcomes such as dismissals or reductions, when available, may significantly change how the charge follows you over time. This permanence is one of the main reasons early legal action is critical after an arrest.

Will My License Get Suspended After A DUI?

A DUI arrest can place your driving privileges at risk in more than one way. Georgia uses an administrative license suspension process that may begin immediately after an arrest if a driver refuses testing or exceeds the legal limit.

This administrative suspension is separate from any suspension imposed by a criminal court after conviction. Suspension lengths vary depending on factors such as prior offenses, age and license type. In some cases, limited driving privileges may be available. Prompt action is often required to challenge or shorten a suspension period.

Do I Have To Submit To A Breath Test?

Georgia law does require you to submit to a breath test if you are suspected of being under the influence. Under implied consent laws, the refusal to take a breath test may be viewed the same by courts as failing the breath test. The refusal to submit to such a test in any case can result in a license suspension. A refusal may also result in police then obtaining a warrant to administer a blood or urine sample, and an automatic one-year license suspension.

You do have the opportunity to appeal a license suspension due to such a refusal, but it must occur within 30 days. If the officer did not have probable cause to pull you over to begin with or if the officer fails to follow other procedures under the implied consent laws, there is a chance that the test results will be inadmissible in court.

Will I Have To Serve Jail Time For A DUI Arrest?

While there are a number of factors that determine whether you will have to serve time in jail, ordinarily those facing their first DUI offense will face a jail sentence of 10 days at most. However, there is a much greater chance of serving additional time following subsequent DUI offenses.

Also, do keep in mind that jail time is not your only concern. A DUI conviction can result in a large number of other penalties, including fines, court costs, community service, license suspension, license reinstating fees, participation in an alcohol assessment program or treatment, and attendance at a victim impact panel.

What Happens If I Was Involved In An Accident At The Time I Was Charged With DUI?

An accident at such a time could result in much more serious charges. This could include assault with a motor vehicle, manslaughter or even vehicular homicide charges. For more information about DUI and traffic stops, contact Langlois Law, P.C., online or by calling 912-598-6022 now.