How Long Does a DUI Stay on Your Record in Georgia?

Most people in Georgia understand that a DUI is a serious offense, but they frequently underestimate the long-term effects of a DUI charge and its impact on the criminal record and background checks.

In fact, a DUI conviction ordinarily stays on the criminal record permanently because there is no possibility of expungement in Georgia.

What could make things worse is that Georgia also applies a “lookback” period for sentencing. This means that if you are convicted of a further DUI offense within 10 years, the sentence will be even harsher than for a first offense.

Any adult found driving with a blood alcohol content (BAC) of 0.08 or above in Georgia —or while under the influence of illegal substances or an excess of prescription drugs—will be charged with either “DUI per se” or “DUI less safe.”

For drivers under the age of 21, there is almost a zero-tolerance policy for alcohol and driving. An arrest will result from a BAC of 0.02 or higher. For commercial drivers, the legal blood-alcohol limit is 0.04.

Even if alcohol levels are not sufficient for a “DUI per se” charge, drivers can still be arrested and charged with impaired driving from intoxication or “DUI less safe.”

Under Georgia law, DUI less safe is considered as operating a motor vehicle while under the influence of alcohol and/or drugs, making it less safe to drive. However, it is more challenging for the prosecution to secure a conviction for this as it mainly relies on observational evidence from law enforcement.

Drivers in Georgia can also be charged with DUI if they refuse to submit to a breathalyzer or blood test.

If you are charged with DUI in Georgia, it is important to consult with a DUI defense lawyer as soon as possible to avoid the serious consequences of a permanent criminal record. Your lawyer will begin working on your release and a defense strategy as soon as possible after your arrest.

Standardly, the available defenses are among the following:

• Factual innocence: the accused was not driving while intoxicated or was not impaired by the legal amount of substances in their system.
• Flawed evidence from the results of breathalyzer tests, which were inaccurate due to faulty or malfunctioning equipment or improper administration of the test.
• The defendant’s legal or constitutional rights were breached, meaning the evidence collected should not be admissible in court.
• The officer had no probable cause to stop the defendant or conduct a dui investigation once stopped.

The defendant was not driving erratically or “less safe.”

If you’re convicted of a misdemeanor DUI in Georgia as a first offender, the possible sentence includes:

• A suspension of your driver’s license for up to one year
• A fine of between $300 and $1,000
• A minimum of 40 hours of community service
• A jail sentence of between one day (minimum for a DUI per se) and one year
• A mandatory 12 months of probation after a jail sentence
• Completion of an alcohol education course

For a second conviction, the potential jail time increases to 3 days up to one year, fines increase to $600-$1,000, and at least 240 hours of community service is included.  A third DUI conviction within 10 years carries even harsher penalties and significant loss of driving privileges.

Felony DUI is where an intoxicated driver’s behavior resulted in the death or serious injury of another party, or the driver left the scene of the accident—regardless of whether it is a first or repeat offense. These convictions carry even harsher penalties.

A driver convicted of four or more DUIs within 10 years in Georgia will also face a felony conviction and the associated penalties.

While some states and countries allow pardons or record suspensions for certain criminal offenses, it is not possible to get a DUI charge off your record in Georgia if you have been convicted.

If you admit to the offence or are found guilty of DUI per se or DUI less safe, the arrest and conviction records remain on your criminal record indefinitely and show up on background checks permanently—even if the DUI was more than a decade ago.

There are no exceptions for convicted individuals. However, if the case was dismissed, or you were acquitted at trial, it is possible to have the charge and arrest records removed—usually with the help of a criminal defense lawyer.

If you don’t take active steps to expunge the arrest and charge records, they may remain visible to potential employers and other parties conducting background checks in the future.

A DUI conviction may affect your insurance for three years or more after the sentence is handed down in Georgia. The increase in premiums can be significant—up to thousands of dollars extra per year.

The main reason for this is the perception that drivers convicted of DUI are “high risk” and require a high-risk insurance policy. Some insurers won’t even offer policies to DUI drivers.

Another major potential impact of a DUI conviction is on employment status. Those seeking employment must declare a criminal record if asked about it during the application process. Employers are also highly likely to conduct background checks.

A criminal record can be perceived negatively by employers for many types of roles. Some government positions will be off limits for anyone with a criminal record, for starters, while jobs involving driving, working with children, volunteering or handling sensitive information may also be challenging to secure.

Those already working may find their employment status compromised by a DUI conviction, especially if the role requires frequent driving. There is a real risk of being laid off or reassigned.

If you’re facing DUI charges in Morgan County, Georgia, or the surrounding area, speak to a defense lawyer from Michael Fulcher Law, LLC. We’ll outline your legal options, help you navigate the judicial system, and reduce the impact on your future. Contact us for a free consultation or call us at 706-438-1555.