Georgia’s Tough New DUI Law Looms Large

On July 1, the toughest drunk driving law in Georgia history took effect. For arrests made after July 1, 2001, repeat offenders will not only lose the right to drive, but now lose all vehicle license plates to boot.

William C. Head, senior partner in Head, Thomas, Webb & Willis of Atlanta, expects all repeat DUI offenders to have a heightened interest in litigating DUI cases. "Why would someone voluntarily sign up to lose his freedom, license, car tags and be hit with thousands of dollars in fines and extra expenses following a DUI conviction?" asked Head. "After all, DUI is America’s only crime of degree, where a person can drink some alcohol and be legal to drive, but drink a little more and be deemed to be in violation of the law."

Starting with arrests made July 1, mandatory minimum jail time is increased 50% for persons with one or more prior DUI offenses within the last 5 years. In addition, the net is being widened in order to arrest more drivers with low alcohol levels, Head advises. Effective July 1, the permitted level of alcohol in an adult driver’s system is being lowered from 0.10 grams to 0.08 grams. Although a zero tolerance policy exists, drivers under age 21 must be below a 0.02 blood alcohol level. The 0.02 standard allows for the breath machine’s inherent margin of error or sampling variability, Head said.

Among the other Draconian changes in the law is an increase from 80 hours of community service to 30 days or more of community service for second offenders. This effectively triples the minimum community service. Under prior law, a driver under age 21 could get as little as 40 hours community service on either a second or third DUI. "Now all drivers convicted of repeat offenses must serve at least 30 days of community service," Head stated.

An additional requirement of all repeat offenders that was implemented in prior legislation mandates alcohol and drug evaluation and treatment for at least 17 weeks before a driver’s license or privilege to drive can ever be reinstated in Georgia. The new law triples the minimum time that a suspended adult driver must wait to get a limited (work) permit from 120 days to 12 months for second offenders. The minimum wait is 24 months for a third offender. Then, to qualify for a permit, the adult driver must have an ignition interlock device installed that blocks the car’s ignition until a successful, alcohol-free breath sample is provided.

Drivers under age 21 at the time of conviction for a repeat offense DUI must wait at least 18 months to 30 months after a second or third conviction, respectively. No limited permit for any purpose is permitted, with or without an ignition interlock device. These "hard" suspension periods will dramatically alter the lives of persons convicted as well as their friends and family who will be inconvenienced by their need for transportation, says Head.

"We have added additional attorneys and staff to be able to handle the expected increase in the number of trials," Head explained. "These people will be fighting for their jobs, their families and their financial futures." Head is the author of "The Georgia DUI Trial Practice Manual" used by Georgia defense attorneys, judges and prosecutors alike.

To assist citizens in understanding the changes in the law, Head has posted on his firm’s web site a printable summary of the changes in Georgia law. Here, the old law and new law are compared. http://www.GeorgiaCriminalDefense.com. 


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Contact: William C. Head, Attorney at Law
404-250-1113
888-250-6404
wchead@absolutely-not-guilty.com