How Long Does a DUI Stay on Your Record in Georgia?

It doesn’t matter whether you tested just over the legal limit for consumption or you merely got behind the wheel after drinking all night but didn’t drive. In the Peach State, either of these situations can lead to an arrest for driving under the influence (DUI). If you’ve been arrested, you might be wondering, “How long does a DUI stay on your record in Georgia?”

How Long Does a DUI Stay on Your Record in Georgia?

Georgia takes the crime of driving under the influence very seriously. If you’re convicted of committing a DUI, it will stay on your record forever. DUI records cannot be expunged, which means they can be accessed by:

• Employers
• Landlords
• Schools
• Licensing boards
• Law enforcement

Unfortunately, the consequences of a DUI can continue long after a conviction. Those convicted of DUI can struggle with employment, housing, or even travel concerns to certain countries.

Administrative Consequences for a DUI

While a DUI can never be expunged from your record, that doesn’t mean it will affect your license and insurance for the rest of your life. Georgia uses a five-year lookback period to determine administrative consequences for your driver’s license.

When it comes to lookback periods for criminal sentencing, the situation is a little different. You can face more significant penalties if you’ve committed a second or third DUI, and the lookback period for criminal sentencing is ten years, not five. However, a prosecutor can always see any DUI conviction, regardless of the length of time since that arrest. This means even a DUI from decades ago can have a bearing on sentencing for a subsequent DUI years later.

Penalties for a DUI in Georgia

First DUI Conviction

• A jail sentence of up to 12 months, with a minimum of 24 hours; However, with negotiations, jail time can often be deemed served based on time served at the time of the arrest.
• Up to 12 months probation
• 40 hours of community service
• A fine of $300 to $1,000 plus court fees and surcharges
• DUI Risk Reduction Course (also known as DUI School)
• Random drug and alcohol testing
• A license suspension from 120 days to 12 months, with the possibility of a limited permit during the period of suspension

Second DUI Conviction

• A jail sentence of 72 hours up to 12 months
• Up to 12 months probation
• 240 hours of community service
• A fine of $600 to $1,000 plus court fees and surcharges
• DUI Risk Reduction Course (also known as DUI School)
• Clinical evaluation and completion of any recommended treatment
• Random drug and alcohol testing
• If convicted of a second DUI within 5 years, additional consequences include:
  • Significant license suspension including a period of time with no limited permit available
  • Installation and use of an interlock device in your vehicle
  • License plate surrender
  • A notice of your conviction in the county newspaper along with a $25.00 publishing fee

Third DUI Conviction

• A jail sentence of 15 days up to 12 months
• Up to 12 months probation
• 240 hours of community service
• A fine of $1000 to $5,000 plus court fees and surcharges
• DUI Risk Reduction Course (also known as DUI School)
• Clinical evaluation and completion of any recommended treatment
• Random drug and alcohol testing
• If convicted of a second DUI within 5 years, additional consequences include:
  • Significant license suspension including a period of time with no limited permit available
  • Installation and use of an interlock device in your vehicle
  • License plate surrender
  • A notice of your conviction in the county newspaper along with a $25.00 publishing fee
  • Designation of a habitual violator

What Can a DUI Lawyer Do to Help?

Each year, around 200,000 people receive a DUI in Georgia, and over 42% of Americans report having seen their friends or family members driving drunk at least once. Almost half of Americans report driving after having at least one drink themselves. If you’re facing a DUI, hiring a DUI lawyer is the most helpful thing you can do to uphold your rights, minimize potential consequences, and argue your best defense. DUI defense is not designed for self-service and even navigating deadlines and issues with the Georgia Department of Driver’s Services can leave you frustrated and confused.

Immediate action must be taken regarding your privilege to drive following an arrest for DUI. These deadlines occur PRIOR to a conviction for DUI and if missed, can result in a significant license suspension. A skilled Gilmer County DUI attorney has specialized training on navigating these administrative license issues and will take action immediately to protect your ability to drive following an arrest for DUI.

Common defense strategies for DUIs can include:

• Challenging the breathalyzer or blood results
• Challenging the basis for the officer’s stop of your vehicle
• Arguing the admissibility of field sobriety testing conducted
• Arguing the exclusion of statements or confessions made during your arrest
• Arguing the suppression of evidence
• Challenging the constitutionality of a blood warrant
• Showing that law enforcement violated legal procedures by failing to properly inform the driver of their rights or mishandling evidence
• Challenging the training or credibility of the investigating officer
• Arguing a lack of physical manifestations to support an acquittal of a DUI charge

FAQs

How Long Does It Take for a DUI to Fall Off Your Record in Georgia?

A DUI will never fall off your record in Georgia. If you’re convicted of driving under the influence, you cannot have the charge expunged, and it will remain a part of your criminal record for the rest of your life. There can also be lasting social consequences that extend beyond your initial fines and/or jail time.

Does a DUI Go Away After 7 Years?

A DUI does not go away after 7 years in Georgia. It stays on your record forever, and there is no way to get it removed.

What Is the New DUI Law in Georgia?

The new DUI law in Georgia might refer to recent changes in existing statutes, including the use of ignition interlock devices and limited licenses for first-time offenders. Keep in mind that Georgia’s DUI laws are quite strict, and a conviction can still carry harsh penalties, even if it’s your first offense.

What is the most important thing to do following an arrest for DUI?

The first step after almost every DUI arrest will be deciding how best to handle a potential administrative license suspension. This is often times the first step because there is a strict 30 day deadline to either submit an appeal to continue driving or to install an interlock device in your vehicle (if you are eligible). Those arrested for DUI may assume no action is needed until their court date listed on their citation. Unfortunately, if no action is taken until your scheduled court appearance, you will likely suffer significant consequences for your driver’s license that may not be able to be reversed for a period of time.

What do I look for when hiring a DUI Attorney?

It is imperative to hire an attorney that has specialized training in not just criminal defense, but DUI defense. DUI cases are extremely intricate. Hiring an attorney that is prepared to examine your case from the officer’s initial encounter with your vehicle until the time you are released from jail will ensure you have the best representation in protecting your rights and arguing on your behalf.

Your DUI attorney should be certified in the same standard field sobriety testing that the officer has completed to ensure your attorney is able to determine any mistakes made by law enforcement. DUI laws are constantly changing and it is important for your DUI attorney to complete continuing education to stay up to date on Georgia DUI laws, consequences and defenses.

Lastly, it is important to make sure your DUI attorney is committed to providing your case the attention necessary to ensure your best possible defense.

Hire a DUI Lawyer

Unfortunately, if you’re facing a DUI charge, the potential lasting consequences are severe if you are convicted. Nevertheless, you shouldn’t give up hope.

If you’re facing a DUI charge, you need to hire a DUI lawyer as soon as possible. You can trust the team at Sevcech Law to help. Sarah Sevcech is highly skilled in DUI defense and has successfully defended hundreds of DUI charges. Contact us to schedule a free consultation to discuss the particulars of your DUI case.