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Category Archives: DUI Laws

The Facts About Georgia Driver’s License Reinstatement After Second DUI


One of the reasons it’s so important for anyone charged with Driving Under the Influence (DUI) to hire an experienced traffic attorney is because your first DUI conviction will amplify the consequences of any future DUIs. A second DUI conviction not only carries heftier penalties than a first DUI, but also involves a complex process for getting your driver’s license reinstated. There is a lot of incorrect information out there, so here is the truth about license reinstatement after a second DUI conviction within a five-year period:

  • There is a hard suspension for four months after the plea. (This means absolutely NO driving!)
  • After four months, you may be able to get a limited permit to drive to work or school, which is valid for the next twelve months.  HOWEVER, you must first prove to the Georgia Department of Driver Services (DDS):
    • You have completed the twenty-hour Risk Reduction Class (DUI School).
    • You have completed the Alcohol and Drug Evaluation.
    • You have an Ignition Interlock Device (IID) on any car you drive, which requires you to blow into the device and prevents the car from starting if alcohol is detected.
  • After those twelve months, you may be able to get a limited permit for an additional two months.
  • Finally, after eighteen months of suspension, you can get your license reinstated by proving to the Georgia DDS:
    • You have completed DUI School.
    • You have completed a substance abuse program if it was recommended based on your Alcohol and Drug Evaluation. If no substance abuse program was recommended, you MUST receive a waiver from the Department of Behavioral Health and Developmental Disabilities (DBHDD).
    • You have had an IID for one year, unless waived by the Court for financial hardship.
    • You have paid a $210 reinstatement fee.

** Please note: I get many calls from folks wanting to seek the financial hardship waiver for the IID, but there are a few important factors to consider. First, it is very rare for a judge to order a waiver. Second, if you do receive a waiver for the IID, you are NOT eligible for any limited permit, meaning you would have a hard suspension for the full eighteen months!

Because driver’s license reinstatement laws are complex, it is wise to hire an experienced, knowledgeable DUI lawyer to help guide you through the process. To begin discussing your case, call Mickey Roberts at 770-923-4948 for more information. Or, to stay up-to-date on the latest DUI and traffic law news, follow me on Facebook, Twitter, and Google+.

Georgia Drivers Have a New Way to Be Haunted by Prior DUIs

There are many reasons why a Driving Under the Influence (DUI) conviction can be disastrous. Besides the immediate consequences of license suspension, jail, probation, community service, etc., a DUI conviction ALWAYS stays on your driving and arrest records. While some drivers already know that a prior DUI conviction can result in a harsher sentence for any future DUIs, there is another, lesser-known reason why you don’t want a DUI conviction: if you are arrested for a subsequent DUI, the prior DUI conviction MAY be introduced into evidence at trial against you.

Georgia is one of the few states (potentially the only state) that allow such evidence, which used to be known as “similar transaction evidence”. That is because a prior criminal conviction generally is only admissible to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.  And since DUI is not a crime where someone specifically intends to drive while impaired, (unlike, say, a crime spree where someone robs several banks), most states have ruled that prior DUIs are just not relevant to a current DUI charge.

Oh, but not Georgia, where the Constitution seems to apply to every citizen except those charged with DUI!  In the recent case of State v. Jones, decided on June 1, 2015, the Georgia Supreme Court held that prior “other acts” evidence (the new name for “similar transaction evidence”) IS admissible for the purpose of showing a general intent to drive while either impaired or over the legal blood alcohol limit.

So, when charged with a first time Georgia DUI offense, it’s wise to hire an experienced traffic attorney specializing in DUI defense to try to fight that charge as aggressively as possible in hopes of avoiding a conviction, because if convicted, the DUI stays on your record forever and can come back to haunt you should you ever receive another DUI arrest.

5 Important Facts about BUI Laws in Georgia

The boating season is about to begin in earnest in the next few weeks. While boating can make for a great summer day, certain safety and legality measures must be followed. Below are 5 important facts to remember when you’re out on the water.

  1. In terms of Boating Under the Influence (BUI), “boating” includes operating, navigating, steering or driving any moving vessel on the waterways of Georgia. This includes boats, jet skis, moving water skis and moving aquaplanes.
  2. Rangers from the Department of Natural Resources (DNR) can stop your boat for any reason. Unlike a stop involving a car, the police can stop your vessel for the purpose of verifying proper documentation, for proper safety equipment on board, and more. In one Georgia case, the court held that “merely observing a can of beer in the hand of one who is otherwise operating a boat in a safe manner gives cause for a stop of the vessel.”
  3. If you are arrested for BUI and refuse to take the state chemical test, your operating privileges can be suspended for a year.
  4. The legal limit for BUI is the same in Georgia as it is for DUI (Driving Under the Influence): .08 grams of alcohol. However, you can be charged with BUI if you are operating your vessel in a less safe manner due to being under the influence of alcohol or drugs even if you have less than the legal limit of alcohol in your system.
  5. If you are BUI and cause either death or serious injury to someone, you can be charged with a felony, punishable by imprisonment for 3 to 15 years. Unlike automobiles, which have many safety features designed to protect us in the event of an accident, most watercrafts have few (if any) safety features, and serious injuries and deaths can occur on the water. Please be mindful of boating safety this summer.

While a BUI conviction doesn’t result in the loss of your driver’s license, it can result in hefty fines, community service, probation, and even jail time. Therefore, if you’re arrested for BUI, you should hire only a Georgia traffic lawyer experienced in BUI cases to defend your rights. Schedule a consultation with Mickey Roberts, PC to discuss your case, or, for more legal tips, follow me on Facebook, Twitter, and Google+.

Don’t be Misled by Minimum Sentences on DUIs

There seems be a misconception among the public when it comes to minimum sentencing on DUI convictions.  All criminal cases carry minimum sentencing (as well as maximum sentencing), but minimum means just that: it is the least sentence the judge can impose. The judge can (and often does), however, impose a higher sentence, and this is the area which causes confusion among some DUI defendants.

zero tolerance georgia

In Georgia, the minimum and maximum sentences depend on the number of DUI convictions the defendant has had in the past ten years. The current minimum sentences for DUIs in Georgia include:

1st DUI:  12 months of probation, $300 fine, 24 hours in jail, 40 hours of community service, and DUI School.

2nd DUI: 12 months of probation, $600 fine, 72 hours in jail, 240 hours of community service, DUI School, and alcohol and drug evaluation as well as treatment if recommended.

3rd DUI: 12 months of probation, $1000 fine, 15 days in jail, 240 hours of community service, DUI school, alcohol and drug evaluation and treatment if recommended, forfeiture of vehicle tags, and ignition interlock device.

The judge can impose a sentence of anything between the legal minimum and maximum, and this is a much larger range than most defendants realize. For example, the maximum sentence on a 1st or 2nd DUI includes 12 months in jail and a fine of $1000, and the maximum sentence on a 3rd DUI includes 12 months in jail and a fine of $5000.

Clearly, there is a degree of subjectivity in DUI sentencing. What the law doesn’t say, and what some inexperienced lawyers won’t tell you, is that most courts now look back at an entire lifetime, and the more DUI convictions you have, the more likely you are to receive a sentence that is closer to the maximum amount allowed by law. Most DUI defendants in Gwinnett County, for instance, receive MORE than 72 hours of incarceration on a 2nd DUI, and if you have multiple lifetime DUIs (even if NOT in the 10 year look-back period), you are more likely to serve between 30 and 180 days in jail. The same goes for most counties in the metro Atlanta area.

By correcting the assumption that DUI defendants should expect the minimum sentence, I hope to help Georgia drivers be more knowledgeable about their rights and to demonstrate that a DUI charge must be taken seriously. This is why it is important to hire a qualified, experienced DUI attorney, whether this is your first DUI arrest or the most recent of many—because the outcome of your case will impact you for years to come.

Dollars and Cents: The Financial Consequences of a DUI Conviction Under 21

Your teens and early 20s are a thrilling time: you’re getting ready to start your “adult” life and you’re trying to start off on the right foot as a responsible adult. It may be cliché to say that what happens when you’re young can impact the rest of your life, but it’s true. DUI convictions are no exception to this rule, especially when you’re under 21.

Everyone talks about the potential consequences like jail time and having the conviction on your record, but you have another consideration to keep in mind: finances. Just how expensive can a DUI be? It can reach immeasurable levels because the financial burden comes in one hit after another:

  • Fines – This may be obvious, but DUIs under 21 can carry heavy fines, even up to $1,000 depending on your Blood Alcohol Content (BAC).
  • DUI school – You may be required to complete a Risk Reduction class, also known as “DUI school.” In Georgia, enrollment in these classes cost over $350.
  • Alcohol Evaluation: You may have to attend and complete an alcohol evaluation and any treatment if recommended. Costs can be anywhere from $150 to over $2000.
  • Missed work or school – DUIs can become very time-consuming very quickly, between attorney meetings, court dates, Risk Reduction classes, and especially court-ordered community service. If you’re working, it’s likely that all these extra time commitments will cause you to miss some time at work. Or, if you’re in school full-time, you’ll likely need to miss some class time or at least some necessary study time, which can eventually result in delayed graduation.
  • Insurance premiums – Because you’re a less experienced driver, your car insurance company already considers you a riskier driver than someone who’s over the age of 21. But with a DUI conviction added to your driving record as well, their risk to insure you increases tremendously, which could cause your monthly premiums to skyrocket.
  • Transportation – A DUI conviction will result in a suspension of your driver’s license for a minimum of either 6 months or 1 year, depending on your BAC. Plus, since you’re under 21, you don’t have the opportunity for a limited permit to drive to work and school, so chances are that you’ll be relying on (and paying for) a significant amount of public transit or taxi cabs. Keep in mind, though, that if you’re responsible for car payments, the payments don’t go away just because you can’t drive the car, so you’ll end up paying your regular car payments PLUS the public transit or cab fees you’d need to pay if you didn’t own a car.
  • Future Employment– Many employers will not hire you with a DUI conviction on your record.

Clearly, there are huge financial consequences for a DUI conviction, and those consequences are even greater as a driver who’s under the age of 21. If you’re arrested and charged with a DUI, your best chance to avoid a conviction is to work with a highly skilled traffic lawyer who specializes in DUI defense. Get in touch with me, Mickey Roberts, PC, to discuss your specific case, and keep up with Mr. GA DUI on Facebook, Twitter, and Google+ to stay up-to-date with tips and changes in traffic law.

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The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.
DUI Laws