In an article posted today on the AJC’s website, Georgia Representative Rusty Kidd of Milledgeville has proposed legislation that could give DUI offenders a second chance to erase a DUI off of their record.

The Bill, HB 799, would apparently require offenders to go five years without any driving infractions in order to be eligible for a second chance under the legislation.

Under current Georgia law, a DUI remains on your record forever.  Expungement is all but non-existent in DUI situations, and any finding of guilt, innocence, and even “no contest” pleas will stay on your record.  Frequently, I answer questions relating to background checks, employment screens, and insurance inquiries, and the answer is typically that unless you have an agreement, in writing, for the charges to be expunged, it will likely appear on your record.  Georgia law does not even allow for First Offender pleas on DUI charges, even though those accused of felonies are frequently granted first offender status.

With punishments for DUI convictions generally increasing, and anti drunk driving organizations calling for tougher DUI sanctions, like ignition interlock devices being placed on all offender’s vehicles, the Representative’s bill certainly seems to be a step in a different direction.  I can only imagine that there will be many terms and conditions attached to potential pleas or cases worked out under the proposed legislation.  Probation, mandatory treatment, fines, and other conditions are already usually required in many DUI cases, in an effort to both punish and rehabilitate drunk driving offenders.   Additionally, there will likely be heavy opposition to the bill from organizations already calling for tougher DUI laws.  The question is, what would differ under this proposed new law?  Do you think it would be a good idea to give a second chance on a DUI conviction?   Is Georgia law unreasonable in not currently allowing a pathway to having a first DUI charged removed from your criminal record?