If you’re facing criminal charges for drunk driving, you may be wondering, “How long does a DUI stay on your record in Georgia?” The simple answer is that a DUI stays on your record permanently. The more honest answer is that it’s a little complicated.
Attorneys at Miller North & Brill can assist individuals wrongly accused or convicted of criminal offenses. Our attorneys have extensive experience representing clients facing DUI charges and helping minimize penalties 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.
What to Do if You Get Pulled Over for a DUI
In 2024, 172,924 people were arrested for DUIs, and another 19,331 were arrested for suspected DUIs. Getting pulled over for a suspected DUI is scary. However, it’s important to remain calm and follow these essential steps:
- Pull over immediately: Don’t try to evade the police, as this can result in a more serious charge. Pull over as soon as it’s safe to do so. Stay in your vehicle unless the police officer directs you to get out.
- Provide documentation: You’re legally required to provide the police with your driver’s license and proof of insurance upon getting pulled over.
- Exercise your rights: You have the constitutional right against self-incrimination, which means you don’t have to answer any questions the police ask you. You are, however, required to provide identifying information upon your arrest.
- Decline searches: The police need your permission to search your car without a warrant or probable cause. However, you should not interfere if the officers decide to conduct an unlawful search. Your lawyer may be able to challenge it and get any incriminating evidence thrown out.
- Don’t decline chemical testing: Georgia operates on implied consent, meaning that you are consenting to take chemical BAC and drug tests by getting behind the wheel. Refusing them can result in additional charges.
- Hire a lawyer: Hire a lawyer as soon as possible after your arrest. Don’t talk to the police until you have one.
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 can also strengthen the defense against you by weakening the prosecution’s case through the suppression 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.
The 10-Year Lookback Explained
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.
The 10-year lookback period refers to the amount of time that must have passed since your last conviction to avoid more severe sentencing. The 10-year window is measured from arrest to arrest, not from your conviction. Prior matters that the courts may consider when sentencing you for a DUI include both convictions and nolo contendere pleas.
There’s a reason the 10-year lookback period is so important. If you receive multiple DUIs within that 10-year period, you’ll face stricter sentencing guidelines. Your fourth or subsequent DUI within 10 years will be counted as a felony, subjecting you to prison time and steep fines in addition to administrative penalties.
If you’re wondering how the 10-year lookback period works, it might be helpful to take a look at an example. Let’s say you were arrested for your first DUI nine years ago. In the intervening time, you’ve received two additional DUIs. Since your first one fell within the 10-year lookback period, you’ll now face a felony charge. If you received your first DUI 11 years ago, that wouldn’t be the case. The lookback period would not cover your older charge.
If You Are Convicted of a DUI in Georgia
Another possibility is that you choose to proceed with a plea bargain, admitting your responsibility for the criminal offense. This approach is likely to result in a shorter overall process and lighter potential DUI 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 must be completed in full. Sometimes, the judge assigns the defendant to complete an alcohol education course.
A second DUI conviction carries 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 About 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 if 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 remain permanently visible to potential employers, possibly making it difficult to obtain or keep 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 be involved in 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 the Peach State 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, Hire a DUI Lawyer
The first thing you should do if you’re facing charges of driving under the influence of alcohol or drugs is hire a DUI lawyer. Don’t hesitate to reach out to one of our qualified and experienced defense attorneys at Miller North & Brill. Our legal professionals are eager and equipped to provide you with quality representation and assist you every step of the way in your DUI case.
Instagram