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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