There is not one answer to that question.  Below are the most common scenarios.  Notice that the “look back” period to determine how many DUI convictions a person has had is five years.  The five years is measured from the dates of the previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained.

First Offense DUI Alcohol (within 5 years)

Your driver’s license will be suspended for 120 days.  However, you may be eligible for a limited temporary or work permit.  You are eligible for reinstatement of your license after 120 days upon completion of DUI school and payment of $210.00 reinstatement fee.  The above only applies if you have a Georgia driver’s license.  Other states have their own rules, which could cause your suspension to be longer.

Second Offense Alcohol (within 5 years)

Your Driver’s license will be suspended for 18 months.  However, you may be eligible for a temporary permit after 12 months with the installation of an ignition interlock device.  You must also complete DUI school and a DHR 17 week Alcohol and Drug course and pay a reinstatement fee of $210.

DUI of Drugs

Your license will be suspended for 180 days and you are not eligible for a temporary permit.  Your license can be reinstated after 180 days upon completion of DUI school and payment of reinstatement fee of $210.00.  Suspensions run consecutively to other withdrawals already in place.

Note on Administrative Suspensions

If an administrative suspension is not requested by the arresting officer, the officer should issue a 180 day temporary driving permit or sticker.  However, if an administrative suspension is requested then your license will be suspended pending your court date, unless you make a timely appeal (within 10 days of notice).  If you have notice of a adminstrative suspension it is very important you speak to an attorney within 10 days of your arrest or sooner.

Yes, if those prescription drugs cause you to be incapable of driving safely.  Many people are arrested, prosecuted and sometimes convicted for driving on pain medications, muscle relaxers and related drugs even when they have a prescription.  However, use caution when driving on any new prescription which could impair driving ability and discuss the issue with your doctor and pharmacist.

If you are convicted of DUI based upon drugs impairing your ability to drive, the consequences to your license can be worse than if you have been drinking and driving.  A DUI drug conviction can suspend your driver’s license for six months with no “work” or temporary permit allowed.

Therefore, use caution when driving on any medication.  Read the warning labels on your prescriptions as many will warn you that they could impair driving and talk to your doctor and pharmacist.     

What happens if I am convicted or enter a guilty plea for DUI?               

The “look back” period for DUI punishment is 10 years.  This means for purposes of determining whether your DUI is your first you count back 10 years.  This differs from your eligibility for license reinstatement, which is a five-year “look back” period.

First DUI (in 10 years)

The punishment for a First DUI in ten years is set by statute and is as follows: 12 months probation.  A fine of $300.00 to $1000 (as of July 1, 2012 a 50% charge is added and will go to the State Of Georgia).  Jail time of not fewer than ten days not more than 12 months, but the Judge has discretion to probate, stay or suspend jail time.  40 hours community service is required but may be lowered to 20 hours in DUI Less Safe cases.  DUI School is required in all cases.  A clinical evaluation as defined by O.C.G.A. 40-5-1 (substance abuse evaluation followed by recommended treatment) is required but may be waived by the Judge.

Second DUI (in 10 years)

If a person is convicted or pleads guilty to a second DUI the punishment increases and is set by statute as follows: 12 months probation, a fine of $600.00 to $1000.00, jail time of not fewer than Ninety (90) days, not more than 12 months, but the Judge has discretion to probate, stay or suspend all but 72 hours of jail time and thirty (30) days community service.  DUI School is required in all cases.  A clinical evaluation as defined by O.C.G.A. 40-5-1 (substance abuse evaluation followed by recommended treatment) is required.

Can I get “First Offender” status for a DUI charge – NO

Can I plead Nolo?  Yes under some circumstances, but a Nolo plea no longer will save your driver’s license.

What is DUI?

It is illegal to be in control of a motor vehicle if under the influence of alcohol or drugs to the extent that you are “less safe” to drive or if your alcohol content is 0.08 or more.  There are two basic types of DUI prosecutions.  DUI Less Safe and DUI Per Se.

What is DUI Less Safe?  (Cases where there are not test results or results are under the per se limit).

It is unlawful to be in control of a motor vehicle if you are under the influence of alcohol or drugs to the extent that it is less safe to drive.  The State will generally try to use a combination of driving conduct, field tests and physical observations (i.e.. odor of alcohol, unsteady on feet, slurred speech, etc.) to make out its case.  The arresting officer will usually testify that it is his or her “opinion” that this combination of factors shows the defendant was a “less safe” driver due to the influence of alcohol or drugs.

What is DUI “Per se”

Georgia law makes it illegal to be in control of a motor vehicle if your alcohol concentration (BAC) is 0.08 grams or more at any time within three hours after driving. O.C.G.A. 40-6-391(a)(5).

If a police officer suspects a person to be under the influence of alcohol that officer may request that person to blow on an “alcosensor”.  This is a handheld device to test for the presence of alcohol.  This number may not be used in court except to the show the presence of alcohol.  However, after a person is arrested on suspicion of DUI they will be asked to submit to another alcohol breath test on a larger machine called the “Intoxilyzer” usually located at the police department or the jail.

So what do the numbers on the “Intoxilyzer” mean?  Well, the higher the BAC number the more likely it is that you will be arrested for DUI.  Any number over the “per se” or “legal” limit will be enough to convict you if proper procedure was followed.

The “legal limits” in Georgia are as follows:  The “per se” alcohol limit for adults over 21 is 0.08 grams.  Drivers under age 21 can be convicted of “per se” DUI with an alcohol content of 0.02 grams.  Commercial drivers have a 0.04 limit.

However, a person can be prosecuted if his or her blood alcohol level is below the “legal limit”.  For example, if you are in a wreck and a test shows your blood alcohol level is 0.07 you can be prosecuted for DUI.

The legal presumptions as regards to alcohol (BAC) are as follows.  If you have a BAC below 0.05 then there is a presumption of non impairment.  If you have a BAC of 0.06 to 0.079 there is a neutral position, where neither side can take advantage of an inference.  However, you can be prosecuted if you have a BAC of .05 or over.  If you have a BAC of 0.08 you are “per se” DUI and can be convicted based on that number.