Frequently Asked Questions About DUI’s

In Georgia, a DUI stays on your record for life. Following a conviction, your car insurance company will usually increase your insurance premiums, refuse to renew your policy, or cancel your insurance.

A no lo plea is neither an admission of guilt nor an insistence of innocence. It means you do not contest a charge. The benefit of a no lo plea is to avoid an admission of liability in a civil suit stemming from an accident arising out of a DUI arrest.

In all other respects a no lo plea has the same effect on your driving history as a guilty plea or verdict, and it counts as a DUI conviction.

The prosecution may not know about convictions from other states. They usually follow up on anything that comes up when they search your arrest record.

Georgia can only suspend your privilege to drive in Georgia. Georgia will notify your home state of that suspension. You can expect to be contacted by the state that issued your license and to be required to take steps to remain licensed similar to those that would be required if you the DUI had occurred in that state

The officer often takes the license of a person arrested for DUI. You can drive on your tickets, on your 30 day permit hearing/notice, and/or obtain a Georgia ID card. Other options may be available to you.

Statements you make prior to arrest may be used against you. Anything you say if you are questioned after you are arrested, but before you are advised of your Miranda Rights (“anything you say may be used against you”), cannot be used at trial.

Because DUI prosecutions rely primarily on other forms of evidence: driving, appearance and behavior, field sobriety tests, and alcohol test results, the prosecution need not use statements that can and will be suppressed because of Miranda rights issues.

Following a plea or conviction of a first DUI in 5 years, your license will be suspended for 120 days. If you have a license and you do not turn in at the time of your plea you will not receive credit for not having driven and will have go without a license for another 120 day period of suspension.

Be sure to let your attorney know if you have obtained a duplicate license or have lost your physical license since you were arrested.

The 10 day letter, DDS 1205, is both a 30 day permit and the notice of your rights and obligations under Georgia’s implied consent law.

If you received DDS 1205, a license suspension begins automatically 30 days after you were arrested unless you request a hearing within 10 business days of the date of your arrest.

The hearing written request prevents any suspension from going into effect until a hearing is held in a civil court.

If you refused to submit to a test, the state can suspend your privilege to drive for one year.

If you tested 0.08 or higher (.04 if operating a commercial vehicle, or .02 if under age 21), your license can be suspended for 30 days.