Frequently Asked Questions about DUI 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.
Navigate to the questions below:
- When do DUI charges come off my record?
- Should I have refused to take the breath test?
- Can I get my DUI conviction expunged?
- Will I go to jail for a first-time DUI conviction?
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!