In Georgia, your criminal record is forever. All arrests, and case outcomes are recorded on your criminal record, which is stored with the Georgia Crime Information Center (GCIC). DUI charges, like most other charges, will never age off, or fall from your record. You cannot plead under Georgia’s First Offender Act to DUI charges either.
In 2008, Georgia DUI laws actually became tougher. A 10 year look back window was enacted to replace the previous 5 year window. Therefore, if you are now convicted of a DUI charge, the court will look back 10 years and hold all previous DUI convictions in the past 10 years against you. Previous charges will increase the amount of jail time, fines, and other court ordered conditions you face. Obviously, with a longer look back period, the chances of reoffending and falling under tougher sentencing guidelines increases. Additionally, as of July 1, 2008, all fourth DUI convictions are considered felony charges in Georgia.
If you have been charged with multiple DUIs, pulling your official criminal history and conducting a thorough examination of your record is an essential step in defending your case. You must know what sentencing you are looking at before making decisions about your defense options. If you are interested in pulling your criminal record, call or visit the website of your local law enforcement agency. For a small fee, these agencies will run your criminal history and give you a copy to provide to your lawyer.
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How long does a DUI stay on my driving record? Does it count as a second DUI if I got my first one 10 years ago?
Answer: DUI is a criminal offense and will stay on your criminal record forever. Every DUI you receive throughout your lifetime will be on your record. I recently represented a gentlemen on his 7th DUI, and all prior 6 offenses were in the 1960′s, forty years ago. For the purposes of sentencing, the law goes back for 5 years. In other words, if you receive 2 DUI’s in the past 5 years, then the sentence will be greater, as required by law.
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I am 19 and got arrested for DUI. Is the judge going to tell my parents about this?
Answer: That’s up to the judge. The law does not require it, but many judges will prefer that you have your parents with you when you finish your case, especially if you are still living at home and depending on your parents for food and shelter, and usually payment of the fine.
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What is the definition of DUI in Georgia? Does it only apply to alcohol or can you also be DUI for smoking marijuana?
Answer: This question could require a long answer, but to summarize: It is illegal to drive a vehicle in a less safe manner due to the alcohol you have consumed. It is illegal to drive a vehicle with an alcohol level above .02 if you are a minor, .04 if you are a truck driver (have a CDL license), and over .08 if you are over 21. It is illegal to drive in a less safe manner while under the influence of drugs, illegal drugs or prescription drugs and the state is required to show that the drugs consumed caused you to be a less safe driver due to the consumption of those drugs.
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Were there any changes to the Georgia DUI laws in 2005? Have you heard any news about new laws in 2006?
Answer: The judiciary committee is currently working on new DUI legislation for 2006, and we do not have a final bill yet. They want the cops to be able to draw blood rather than requiring a nurse or medical personnel to draw blood. In other states where the cops were allowed to draw blood, there are cases where the proper blood drawing procedure was not followed and the accused got aids or hepatitis c from contaminated needles. Let your representative know that you oppose blood drawing by cops rather than medical personnel. I will update this answer if the legislature passes the new legislation.
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