Georgia DUI Frequently Asked Questions
1. What are the PER SE Blood Alcohol limits in Georgia?
Intoxilyzer 5000 approved machine. Not a crime to refuse.
| Adult drivers, 21 & over |
0.08 grams |
| Under-21 drivers |
0.02 grams |
| Commercial drivers |
0.04 grams |
Driver has right to independent test after submitting to the
State test.
2. Does Georgia have any form of administrative license
revocation/suspension for an arrested driver testing ABOVE the applicable
legal limit?
YES, Admin Susp of 1 year for 1st offense, subject to early reinstatement
upon completion of DUI School (20H course in GA). Deadline of
10 business days to request hearing to keep the ALS from taking
effect automatically on the 30th day after arrest.
Does Georgia have any form of administrative suspension or revocation
on arrest for REFUSING to be tested?:
YES, a "hard" 1 year suspension for refusal, with no early reinstatement
and no limited work permit. Deadline of 10 business days to keep
the ALS from taking effect automatically on the 30th day after
arrest.
3. What is the applicable "look-back" period in Georgia
i.e., the number of years will look for prior DUI/DWI convictions
to INCREASE mandatory punishments?
In Georgia, 5 year look back for prior DUI's, but most judges
now consier the lifetime for enhanced punishment.
4. Does Georgia permit or not permit JURY trials? Does
the right to jury trial only attach in certain circumstances?
Jury trial is right of defendant in Georgia for any misdemeanor,
including any DUI.
5. Reciprocal Suspensions: Does Georgia suspend licences for
persons convicted in other states or provinces and if so which states
or provinces?
Georgia is member of Non-Resident Violator Compact, which requires
sharing of conviction information with a driver's home state.
But Georgia is NOT a member of the Drivers License Compact (which
shares driver license histories with member states). Georgia keeps
its driver histories separate.
|
