New DUI Policy from the Georgia Bar

The Board to Determine Fitness of Bar Applicants, at its June, 2001 meeting, adopted a new policy regarding law students who receive a DUI during their third year of law school. Historically, the Board has tabled an application from any person who is on probation from a crime until probation is completed and the Court's sentence has been completed. The DUI statute in Georgia mandates 12 months probation upon conviction of a DUI. Thus, any third year law student who receives a DUI would be ineligible for the July exam administered immediately after graduation because probation would not yet have been completed. However, some judges have been suspending probation, or terminating it early, in order to remove that procedural bar from a third year student wishing to take the summer exam.

Due to this inconsistent application of the statute, the Fitness Board voted to table the application of any third year law student who receives a DUI regardless of whether the judge in the case sentences the student to probation. This automatic bar applies to all third year students who receive DUI's, and only bars them from the July exam. They may be eligible for the succeeding February exam, even if within twelve months, which will be decided by the Board on a case-by-case basis following its standard (and announced) policies.

It should be understood that this is a procedural bar only. Once the required time has passed, the Board will then review the applicant's file on the merits for a determination of whether to certify the applicant for fitness. The Board may have substantive concerns about the applicant's conduct. Given the seriousness of a DUI, particularly at the applicant's age and of this recency, the Board may well require the applicant to be evaluated for drug or alcohol dependancy before acting upon certification.