The Official Code of Georgia Annotated (O.C.G.A) contains several specific statutes referencing DUI offenses in Georgia. Overall, a Georgia DUI consists of two different types of crimes:
DUI by being "Less Safe" (an impaired driver) by alcohol, or drugs;
The "less safe" provision of Georgia DUI statutes says that the State must prove alcohol and/or other intoxicants caused the driver to be 'less safe'. Being at or over the the legal limit of 0.08% raises the presumption of intoxication.
There are no statutory provisions regarding plea bargaining
If you refuse to submit to a chemical test in the state of Georgia your GA drivers license will be suspended for a period of 12 months pursuant to Georgia Administrative License Suspension vehicle code 40-5-67.1 G for a 1st offense.
In either instance, whether you are found to have an unlawful blood alcohol concentration (BAC) or you refuse to submit to a chemical test your GA drivers license will be suspended as indicated above. In this instance you only have 10 business days from the day of the arrest to request a DMV Hearing to prevent the administrative license suspension (ALS) from occurring.
You do not need a lawyer to do this. You can simply follow the directions included in the paperwork you were given when you were arrested. The 10 day deadline is critical, you must schedule the hearing before this deadline to save your driving privileges. Normally, you can call the telephone number indicated on the temporary paper license (DMVS Form 1205) and schedule the hearing. Don't wait, do it right away.
No matter if you are a first time offender or a repeat offender, your Georgia DUI will carry serious consequences for your insurance premiums. You will either find that you are dropped by your insurance provider, or you will find that your premium cost skyrockets. This can even affect your family members that are on your insurance policy.
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