Frequently Asked Questions Regarding Drunk Driving Charges

One of the most important tools you can have when battling a charge for driving under the influence (DUI) of alcohol is knowledge. When your freedoms, your driver's license, and your job are on the line, you can count on Thomas & Willis, LLC to provide you with the answers that you need to move forward in your case. Below, the Atlanta DUI attorneys have answered a number of questions related to drunk driving charges in Georgia.

When do DUI charges come off my record?
If you are convicted of a DUI in Georgia, the charge will never come off your criminal record. Record restrictions are available if you are found "not guilty" or if the charge is dismissed. Charges are then dismissed under certain circumstances.

Driver's license suspensions will be removed from your driving history after seven years. Law enforcement, however, will always have access to your driving history.

Should I have refused to take the breath test?
When it comes to refusing to take a breath test, there is not always a black and white answer as to whether or not this is the best option. If you have not consumed alcohol, taking the chemical test can prove that you are not under the influence. If you choose to submit to the test and the results show a blood alcohol content (BAC) of 0.08% or higher, you could be charged with DUI.

Refusal to submit to a chemical test will result in the revocation of your driver's license. In this situation, the prosecutor will not have a test to show that you were under the influence of alcohol while operating a motor vehicle.

Can I get my DUI conviction expunged?
In most cases, convictions for driving under the influence (DUI) cannot be expunged. Expungements are only available if you are found "not-guilty" or if the charge is dismissed under certain circumstances. Expungements are rare because every charge must be dismissed before a person is eligible. If you plead guilty or are found guilty of any offense in the state of Georgia, it will not be expunged.

How will a DUI arrest affect my commercial driver's license?
Commercial drivers are held to very strict standards of vehicle operation. Refusing to submit to a state-administered test that is requested by a law enforcement officer is a major traffic violation. If you are convicted of DUI as a commercial driver, your commercial driver's license will be disqualified for a minimum of one year.

Will I go to jail for a first-time DUI conviction?
If you are convicted of a first-time DUI Per Se, there is a mandatory, minimum 24-hour jail requirement. There is no jail requirement, however, for DUI Less Safe. With the 24-hour minimum jail requirement, the judge could sentence you to up to 12 months in jail for a DUI conviction. Even for a first-time offense, the judge may sentence you to more than 24 hours in jail for a first-time offense.

Contact Thomas & Willis, LLC today!

Drunk driving is considered a very serious charge in Georgia. If you are convicted, you can suffer serious consequences that can affect all aspects of your life. For this reason, it is essential that you receive the legal services of a DUI lawyer in Atlanta.

At Thomas & Willis, LLC, four members of the firm have been selected for inclusion in the Super Lawyers® list. Schedule a free case evaluation with the firm at your earliest convenience to protect your legal rights!