How Long Does a DUI Stay on Your Record?

Under Georgia law, a DUI is described as driving under the influence of alcohol, drugs, or other intoxicating substances.

You can be charged with a DUI if you are found driving or in physical control of any moving vehicle while intoxicated.

Parameters for Intoxication

Parameters for drinking and driving vary by state. In Georgia, intoxication means a person:

• Is under the influence of alcohol to a degree where their driving is deemed to be unsafe 
• Is under the influence of alcohol to a degree where their driving is deemed unsafe
• Is under the intentional influence of any aerosol, glue, or other toxic vapor to the degree that their driving is deemed to be unsafe
• Is under the combined influence of any of the three substances listed above to a degree where it is unsafe for them to drive
• Has a blood alcohol concentration (BAC) level of 0.08 grams or more during actual physical control of a vehicle or within three hours of driving. The level is 0.02 for drivers under 21 years of age and 0.04 for commercial vehicle drivers
• Has any traces of marijuana or other controlled substances in their blood or urine? There are exceptions for people with controlled substances in their system but have prescriptions for the same.

How Long Does A DUI Conviction Stay on Your Record?

While you might not think much about that extra glass of wine before the ride home, this minor oversight can cost you a lot. 

First off, a DUI conviction in Atlanta stays on record for life. If you are convicted by a judge or plead guilty to drinking under the influence, this record is permanent and may not be removed. 

The issue of record removal is worth mentioning because it’s available in other states in a process called expungement. This is one of the reasons why you need to always be sober on the road, and should something happen, why you need to get an attorney to fight the DUI charge.

How Does A DUI Impact Your Life?

A DUI charge has far-reaching consequences for your life in the short and long term. Let’s look at the main ways a DUI will affect your life.

1. Conviction

When you are charged with a DUI, there are mandatory penalties for convictions under Georgia’s code. These depend on how many DUI charges you have had and look like the below:

• Between 24 hours (first DUI conviction) and five years of jail time. the latter is for the 4th DUI conviction
• Probation
• Fine of between $300 (first charge) and $5,000 (fourth charge)
• Driver’s license suspension
• Community service and license plate surrender
• DUI school, substance abuse counseling
• Photo publication in the local dailies
• For a fourth DUI strike, you acquire the status of a convicted felon for life. The first charge is a misdemeanor

 2. Embarrassment

One of the requirements in a 2nd, 3rd, and 4th DUI charge in Atlanta is a published photo of the offender. This is placed in the local dailies, and your DUI status becomes common knowledge to friends, neighbors, relatives, employers, and business partners. 

As you know, negative information travels first, and word does get around town. Unfortunately, this dents your reputation, which is difficult to undo. 

3. Employment and Business Opportunities

Employers want to have people of repute in their employment. On the other hand, business people want to be associated with people of good standing in society. A DUI charge will appear in a background check, affecting your employability and denying you business opportunities. 

For example, schools and institutions dealing with children and commercial driving will not employ people with DUI charges. After your 4th DUI, you get felony status, which will in itself lock you out of numerous opportunities. 

Similarly, some private and government institutions require that employees notify them when charged with any criminal offense, including DUIs. This means a drunk driving charge can also impact a current job. 

4. Auto Insurance Premiums

There are no wins when it comes to DUI convictions. This shows in car insurance rates as well. 

Insurance companies don’t want to keep paying claims for any reason, much less for recklessness. A drunk driving charge makes you a high-risk driver. Naturally, high-risk drivers make more compensation claims. So, once convicted, your insurer will likely increase your car insurance premiums to reflect your risk level. 

And this is no small increase. Following conviction, an insurance policy can increase by as much as 93% in Georgia. Even if you don’t disclose your DUI charge, your insurer will likely get the information from the Department of Motor Vehicles.

What to Do After a DUI Arrest

The best to do if arrested for a DUI is to contact a DUI lawyer in Georgia, and they can look into the following:

Challenging the charge

An experienced attorney will have you plead not guilty and then file motions for discovery. Discovery gives your attorney all the evidence the prosecution has against you. Your attorney can use this to try and poke holes in the prosecution’s case and build a defense for your charge. Possible defenses include:

• Lack of probable cause 
• Illegal use of a roadblock
• Medical causes that could cause a suspected DUI driver to appear intoxicated
• Illegal searches and seizure
• Challenging implied consent notice and its improper administration
• Illegal pat downs
• Improper chain of custody for blood and urine samples
• Miranda rights not given before questioning
• Officer is inadequately trained to make DUI arrests
• Prescription drugs were used for treatment and are within the therapeutic range

Prevent License Suspension

While fighting the DUI charge is the larger goal, you need to save your driving license from suspension in the short term. 

This is time-sensitive, and you have 30 days to file your license suspension appeal, known as an ALS hearing. An attorney is best equipped to argue the matter on your behalf and protect your right to drive.

Don’t Go It Alone

Because a DUI conviction remains on record forever and stalks you for the rest of your life, you need to put your best foot forward in fighting the charge. At Cumberland Law Group, our mandate is to use our cumulative legal acumen and experience to get you the best outcome. 

If you have been arrested or charged with a DUI, you need us in your corner. Reach out for a free consultation immediately.