2024 How Long Does a DUI Stay on Your Record in Georgia?

In Georgia, a DUI stays on your record permanently. While there is no expungement of a DUI in the state, there is something called a look-back period for sentencing. The look-back period in Georgia is ten years, so if you have two DUIs in the same 10-year period, there may be additional penalties. Understanding this period in Georgia can be complicated, but a Georgia DUI lawyer can help lighten your penalties during the legal process.

Attorneys at Miller North & Brill can assist individuals wrongly accused or convicted of criminal offenses. Our attorneys have extensive experience representing clients with DUI charges against them and helping to minimize punishments through our skilled legal representation.

What Constitutes a DUI Charge in Georgia?

In GA, you can be charged with a DUI violation if you have a blood alcohol content (BAC) of 0.08 or above or if you’re determined to be under the influence of illegal substances or an excess of prescription drugs while driving. For minors under the legal drinking age, an arrest will result from a BAC of 0.02 or higher.

Drivers of commercial vehicles will be charged with a DUI if their BAC level is 0.04 or more. Impaired driving from intoxication is considered, under Georgia law, to be operating a motor vehicle while under the influence of alcohol and/or drugs.

Additionally, you can be charged with drunk driving even with a BAC result that is within the legal limit. In these instances, the driver can be arrested for a “less safe DUI” violation if they refused to submit to a breathalyzer test or if the prosecution provides evidence that the defendant’s driving ability was negatively impacted, even if their BAC was found to be less than 0.05.

DUI Defense Strategies

Depending on the details of your specific case, the potential penalties for a DUI conviction can vary. It’s the goal of your criminal defense attorney to provide enough strong evidence that you were not driving while intoxicated or were not impaired by the legal amount of substances in your system; they also can strengthen the defense against you by weakening the prosecution’s case through suppressing of evidence or pointing out flaws in their argument.

A DUI lawyer may argue that the results from the breathalyzer test are inaccurate due to faulty or malfunctioning equipment or other obstructing factors such as the weather/environment or the officer incorrectly administering the test. Your lawyer may also provide evidence that the officer or prosecutors illegally obtained evidence, thus rendering it inadmissible in court proceedings.

If the law officer had no probable cause to stop you for the suspicion of DUI or if the prosecution fails to provide sufficient proof that the defendant’s driving was less safe due to intoxication, the charges are likely to be dismissed. Other unlawful actions from police officers before and during the arrest or any violations of your constitutional rights may also weaken the case against you.

If You Are Convicted of a DUI in Georgia

Another possibility may be that you choose to go forward with a plea bargain, admitting your responsibility for the criminal offense. This approach is likely to result in a shortened process overall as well as a lighter sentencing of the crime’s potential penalties.

Possible punishments for a first DUI conviction include a suspension of your driver’s license lasting between one and three years, between $300 and $1,000 in fines, and a minimum of 40 hours of community service. Offenders may also face a jail sentence ranging between 10 days and a year and 12 months of probation, which is mandatory to complete in full. Sometimes, the judge assigns the defendant to complete an alcohol education course.

A second DUI conviction has similar potential penalties, including at least 90 days up to one year of jail time, paying fines ranging between $600 and $1,000, and at least 30 days of community service. Felony DUI convictions have harsher penalties, and even a first DUI charge may be deemed a felony instead of a misdemeanor if the dangerous behavior results in death or serious injury.

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

Can You Get a DUI off Your Record in Georgia?

In Georgia, you cannot get a DUI charge off your record if you were convicted; upon being found guilty of driving under the influence, the arrest and conviction will stay on your criminal record and show up on background checks permanently. A DUI arrest may be removed from your record if you were not convicted or your case was dismissed.

How Long Does a DUI Stay on a Background Check in Georgia?

In Georgia, a DUI conviction will stay on background checks for the rest of your life, even if it occurred a decade or two ago. If you weren’t actually convicted of the charges, then it is possible for the arrest to be expunged from background checks and your criminal record. Otherwise, the DUI will permanently remain and be visible to potential employers, possibly causing difficulties in obtaining or keeping a job.

How Long Does a DUI Affect Your Insurance in GA?

In the state of Georgia, a DUI can affect your insurance for up to three years after your conviction. You may be viewed as a high-risk driver and more likely to get into accidents. Insurance companies can raise your rates by several hundred dollars or more each year in addition to potentially requiring that you carry high-risk insurance, which is costlier.

Is DUI a Felony in GA?

A DUI will be deemed a felony in GA under certain circumstances, such as if the driver left the scene of an accident they were involved in, committed vehicular homicide, or caused serious injury to someone else or if they have been convicted of three or more DUIs within a ten year period.

If You’ve Been Accused of Intoxicated Driving, Get Legal Counsel

Don’t hesitate to reach out to one of our qualified and experienced defense attorneys at Miller North & Brill if you’ve been charged with driving under the influence of alcohol or drugs. Our legal professionals are eager and equipped to provide you with quality representation and assist you every step of the way.