Georgia DUI FAQ

Georgia DUI FAQ 2017-08-09T16:03:09+00:00

Frequently Asked Questions about Georgia DUIs

After being arrested for or charged with a DUI in Georgia, getting answers about your case, your rights and what to expect moving forward can be essential to calming your anxieties and preparing you to focus on your defense.

To this end, below are answers to some of the most frequently asked questions about Georgia DUI charges and cases. When you are ready to receive answers specific to your situation and case, don’t hesitate to contact Brunswick DUI Lawyer Jason Clark.

Answers about Georgia DUIs

Yes, an automatic driver’s license suspension will take effect after DUI arrests in Georgia, with the term of this suspension usually being one year (unless the driver refused chemical testing).

The only way to try to avoid this automatic suspension is to file an appeal with the Department of Driver Services within 10 business days of the DUI arrest. If this deadline is missed or the appeal is unsuccessful, the driver’s license suspension will go into effect even before the criminal case is adjudicated.

While those arrested for a first-time DUI in Georgia will typically be taken to jail, if their case ends in a conviction, they could also be sentenced to serve 24 hours to 1 year in jail (depending on the circumstances of their case).

Here, it should be noted that:

  • If jail time is ordered in a first DUI case, time served is usually counted against the sentence.
  • The jail sentence can be suspended in lieu of the successful completion of probation.

Yes, and this can be the cornerstone of a defense case. Specifically, some of the possible challenges that can be raised against BAC test results can include that:

  • A non-approved breathalyzer device was used.
  • The accused individual has a medical condition that resulted in false positives on breath tests.
  • The officer did not follow proper procedures when administering the breath or blood test.
  • Blood samples were not appropriately handled and could have been contaminated.
  • The lab that analyzed the blood samples made mistakes, mishandled the samples or misinterpreted the results.

Typically, DUI charges in Georgia will be misdemeanors unless:

  • The accused individual has at least three prior DUI convictions in Georgia.
  • The alleged drunk driving incident involved an accident, injury and/or death.

Yes, the lookback period in Georgia is 10 years. This means that, when it comes to determining the charges and possible sentence for a subsequent DUI case in Georgia, authorities will typically only lookback at the past 10 years of a person’s criminal record.

So, if the accused person had a prior DUI conviction 15 or 20 years ago, that case would typically not count as prior for the purposes of determining charges and possible sentences in the following case.

Yes, as long as your situation and case meets the eligibility requirements for expungement in Georgia. In particular, DUI expungements in Georgia are not available if a case ended in conviction. For further details about Georgia DUI expungements, contact Attorney Jason Clark.

You do if you are serious about having the strongest possible defense and securing the best possible outcome to your case. The bottom line is that an experienced DUI defense lawyer like Jason Clark will have the insight to determine your best defense options, as well as the skills and resources necessary to craft and present a compelling, effective DUI defense case.

Need More Answers? Contact Brunswick DUI Lawyer Jason Clark

If you are ready to get more answers about your best defense options when facing DUI charge, contact Brunswick DUI Lawyer Jason Clark by contacting 912.264.1999 or by using the request form to find out more about your best defense options.

From offices based in Brunswick, Attorney Jason Clark provides superior DUI defense representation to clients throughout Brunswick, Darien, St. Simons Island, Jekyll Island, Woodbine, Kingsland, St. Mary’s, Glynn County, McIntosh County, Camden County, and the state of Georgia.

Jason Clark P.C. National Association of Criminal Lawyers
Jason Clark P.C. - GEORGIA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
Jason Clark P.C. - National College for DUI Defense