What is a DUI? Everything You Need to Know

‘’Ignorantia juris non excusat”. The layman’s translation for this Latin phrase is that being unaware of a law doesn’t excuse you from liability once you break it. In other words, ignorance is no defense. 

Take driving and driving, for example; you probably know that impaired driving endangers your life and that of other road users. However, do you know that you can be charged with a felony after a DUI arrest?

Unfortunately, many people don’t understand DUIs or fail to take DUIs seriously until they realize there is more to it than settling a fine. 

Learn all about DUIs, what they are, and how a DUI in Atlanta, Georgia, impacts you.

What is a DUI?

DUI is short for ”Driving Under the Influence”. Under Georgia law, a DUI refers to driving under the influence of alcohol, drugs, or other intoxicating substances. 

This law also requires that you either drive a vehicle while intoxicated or be in actual physical control of a moving vehicle.

DUI vs DWI: Difference Between DUI and DWI

DWI is short for Drinking While Intoxicated or while impaired. A DUI and DWI charge principally means the same thing, but different states use one of the other. In Georgia, the official term for the charge is DUI. 

Some states will refer to Drinking under the influence as Operating While Intoxicated (OWI) or Driving While Ability Impaired (DWAI). The terms are often used interchangeably and mean the same thing.

Either way, Georgia frowns upon DUI and has among the strictest DUI laws in the country, and you should be conscious of your state before getting behind the wheel. 

Elements of a DUI

So, for you to be charged with a DUI, you must be seen to be driving under the influence of alcohol or be otherwise intoxicated. 

So, what qualifies as intoxication? Georgia DUI law gets very specific about what qualifies as intoxication. You can be termed as intoxicated if you:

• Are under the influence of alcohol to a point where you are deemed less safe to drive
• Are you under the influence of any drug to a point where you’re deemed less safe to drive
• Are under the intentional influence of glue, toxic vapor, aerosol, or other substances to a point where you are deemed less safe to drive
• Are under the combined influence of any of the three substances above to an extent where you are less safe to drive
• Have a Blood Alcohol Concentration (BAC) limit of 0.08 grams or more. This level should be noted while you are in physical control of a vehicle or within three hours of being in control of one. 
• Have a Blood Alcohol Concentration (BAC) of 0.02 grams or more for drivers under 21. This level should be noted while you are in physical control of a vehicle or within three hours of being in control of one. 
• Have a Blood Alcohol Concentration (BAC) of 0.04 grams or more for drivers of commercial vehicles. This level should be noted while you are in physical control of a vehicle or within three hours of having been in control of one. 
• Have any traces of marijuana or other controlled substances in your blood or urine.

The law has exceptions for people with controlled substances in their bodies, provided they are being used legally, under prescription.

Is a DUI a Misdemeanor or a Felony?

Tentatively, a DUI is a misdemeanor in Georgia. However, there are certain circumstances under which a DUI can be elevated from a misdemeanor to a felony. 

Here are three factors that can turn a DUI misdemeanor into a felony.

1. Causing serious injury or death

If a driver, driving under the influence, causes an accident that results in death or serious injuries, the charge is likely to escalate to a felony. This is the case regardless of whether or not the said driver has had subsequent DUIs.

2. Being a high-risk operator

Due to the nature of their jobs, some drivers are tasked with the safety of others. Take school bus drivers, for example. School bus drivers have the responsibility of ferrying students on a regular basis. 

Under the law, a driver who drinks and drives or drives while under the influence of other intoxicating substances is likely to be charged with a felony.

The same goes for driving a vehicle under the influence with three children under 14 years of age as passengers.

3. Being a Repeat Offender

DUI penalties in Georgia escalate depending on the number of DUIs an individual racks up within a certain number of years. The more convictions you get, the harder the law comes down on you. For Georgia, the ‘look back’ period is ten years. 

The first two DUIs, without serious injury or being a high-risk operator, are classified as misdemeanors. The third DUI in 10 years is an aggravated misdemeanor. A fourth DUI in 10 years is a felony.

Consequences of a DWI: Georgia DUI Conviction Penalties

No DUI conviction in Georgia goes unpunished. Under the Georgia code, penalties for DUIs are set out as follows.

1st drunk driving charge for people over 21 years old (without the influence of drugs)

• 24 hours of mandatory jail time, 12 months probation, and 40 hours of community service
• Fine of $300- $1000
• Three-month license suspension, with allowance for a limited permit
• DUI school and substance abuse counseling

2nd drunk driving Conviction

• 9 to 12 months jail time, 72 hours must be served in the jail, while the rest can be done while on probation
• 12 to 36 months probation and 30 days or 240 hours of community service
• Fine of $600 – $1000
• Ignition interlock device installation after a hard license suspension of 120 days
• DUI school and substance abuse evaluation
• Surrender of license plate
• Photo publication in local daily at your cost

3rd Conviction

A 3rd DUI conviction is a high and aggravated misdemeanor with the following penalties:

• 120 days to 12 months in jail, with mandatory incarceration for 15 days
• 12 to 36 months probation and 30 days of community service
• Fines of $1000- $5000, alongside all court costs and surcharges
• Five-year driver’s license suspension, with an interlock permit after 24 months. The permit is allowable after the completion of all treatment recommendations
• DWI or DUI school
• License plate surrender
• You get Habitual Violator Status
• Photo publication in local daily at your cost

4th Conviction

If you are convicted of a DUI a 4th time, the conviction is a felony with the following penalties:

• One to five years in prison, less probation time
• Five-year probation minus time served and 60 days or 480 hours of community service
• Fines of between $2500 and $5000, a five-year driver’s license suspension, with an interlock permit after 24 months. 
• Mandatory clinical evaluation and completion of all treatment programs if recommended by the evaluator 
• DUI school
• License plate surrender
• Status of being a convicted felon. This remains on your record for life

What Is the Look-Back Period?

If you get a DUI conviction in Georgia, it remains on your record forever. There is no provision for expungement. We have also seen that your penalties get worse with each subsequent DUI. 

For this to happen, your previous record is looked at to determine whether you have other DUIs. The period they look at goes back ten years. 

So, this means that your second charge in 10 years gives you harsher penalties. Your 3rd charge in 10 years lands you an aggravated misdemeanor charge and a fourth DWI conviction within ten years of the 1st charge is a felony. 

Should You Hire a Criminal Defense Lawyer After a DUI Arrest?

It’s in your best interest to hire a lawyer if you are charged with DUI. As you can see, being convicted of a DUI puts a permanent stain on your record, costs you fines and hiked car insurance premiums, and damages your reputation. 

As much as possible, refrain from drinking and driving or driving while intoxicated. Should you make a mistake and get arrested for a DUI, you must try to avoid a conviction. The best way to do this is by fighting the charge using an experienced attorney. 

A DUI lawyer understands the nuances of DUI law precedence and has experience fighting similar cases. This level of expertise means they know the law and the angles they can use to build a defense to have the charge dismissed. 

Everything from the arrest to how the testing is conducted must be procedural. For one, the prosecutor must show probable cause supporting why the law enforcement officer arrested you. As such, your attorney would seek to clarify the circumstances surrounding your arrest. They would then look for procedural anomalies in how the breathalyzer test was conducted or the functioning of the test kit itself.

If you still get convicted, a lawyer can fight to have your penalties reduced to the bare minimum. They can also represent you at The DMV to prevent your driver’s license from being suspended and safeguard your driving privileges. Finally, a lawyer can also get the DUI charge sealed.

Georgia does not expunge DUI convictions, but the record can be sealed. This means it cannot be seen by people like future employers, business partners, nosy neighbors, and so on. 

Cumberland Law Group Can Help

Georgia has a zero-tolerance policy when it comes to driving while impaired. So this is not a battle you want to fight by yourself. Instead, allow us to throw our expertise and experience behind you and your DUI charge. 

Our mandate will be to have the charge thrown out, and if this is not possible, we will explore all avenues to minimize the penalties. We know mistakes happen, and yours shouldn’t affect you for the rest of your life. Call us for a free consultation today.