DUI In Georgia

Reader’s Question:

My brother was charged with DUI here in Georgia. This is already his second DUI offense because he was convicted for it two years ago. He was required to have an ignition interlock device placed on his car. What does this device do?

Arvin

Savannah, GA

Excellent question, Arvin.

A breath alcohol ignition interlock device (IID) is an instrument similar to breathalyzer which is installed in a vehicle’s dashboard. The driver must breathe into this device before the vehicle can be started. The vehicle will not start if the result is over a programmed blood alcohol concentration, commonly .02% or .04%.

The IID will require another breath sample at random times after the vehicle has been started. This is to prevent another person breathing into the device, enabling the intoxicated person to get behind the wheel and drive away.

In the state of Georgia, IID is required for a second DUI within a five-year period on or after May 1, 2000. The judge can make an IID a condition of probation for any DUI or serious traffic offense. The cost of the IID is carried by the defendant.

Reader’s Question:

I have an out-of-state driver’s license which has been suspended because of a DUI charge. I want to get a Georgia driver’s license. Can I still get one?

Kenneth

Augusta, GA

Thanks for asking, Kenneth.
Two common scenarios can exist. The first one is that your out-of-state license is suspended/revoked and you have no physical license. The Georgia Department of Public Safety would order that you get a letter of clearance from your previous home state. That would require following the correct procedures to get you out-of-state license reinstated so you can get a letter of clearance.

The second scenario is that you might have an out-of-state license which could be suspended without your knowledge (an example of this would be a suspension for failure to appear in court and pay a fine). In this case, you will be are issued a provisional Georgia driver’s license. Your Georgia driving privileges will be withdrawn until you take care of the out-of-state suspension if the Georgia Department of Public Safety learns of your prior suspension.

Your driving privileges can be revoked for life in some states. You will not be able to get a Georgia driver’s license if you are unfortunate enough to be in that situation.

Reader’s Question:

We got pulled over when we were driving home one night from a friend’s house in Georgia. We almost hit a post. My boyfriend was driving and he was charged with DUI. I’m just curious and to tell you honestly, I find it funny when the officer made him follow a penlight from the left to the right with his eyes? What did the officer do?

Mark

Macon, GA

Most police officers in Georgia perform this type of test. The term for this Field Sobriety Test (FST) is horizontal gaze nystagmus test. The medical term to describe a particular eye oscillation is nystagmus. Hypothetically, the steadiness of the eyes following the pen, and the degree at which the eyes begin to jerk indicate the level of alcohol in the blood of the driver. When the arresting officer performs this kind of test, he/she is attempting to judge if the angle is under 45 degrees to the side that the driver’s eyes begin to jerk. This typically means a blood alcohol level is over .05% if the angle is under 45 degrees.

The horizontal gaze nystagmus test is not permitted in many states. That is because the medical community does not regard it as credible. In addition, the majority of police officers that perform this test are not medically trained in the area. This means that their ability to properly judge the angle, and identify nystagmus is not reliable. Aside from the many apparent flaws, unfortunately, this FST is accepted in the state of Georgia.

Reader’s Question:

I have been arrested for DUI in Albany, Georgia. How can I find a qualified Georgia DUI lawyer?

Julius

Albany, GA

Getting the best lawyer for legal representation is very critical to fight for your DUI charge in Georgia. If you do not make a move now, you could lose your GA driver’s license. A good defense may help you avoid jail time, court costs, penalties, probations, fines, criminal record and license suspension. The best DUI lawyer is simply the most experienced lawyer with the best track record… that you can afford.

There are many Georgia Criminal Defense Lawyers who could help you out in your DUI case. Best of all, getting proficient legal help with your DUI case can be easy and affordable. Most DUI lawyers provide a free initial case evaluation and may also offer flexible payment options.

You can start protecting your legal rights by checking online for Georgia DUI lawyers for free consultation on your case. After you have identified a Georgia DUI lawyer that you want to talk to, make up a list of questions so that you will make sure to get answers to during the conversation. When you talk money, make sure that you understand exactly what services you can expect for what payments.