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Georgia DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Georgia on
Q: I got a DUI in 2013, even with no alcohol or drugs found in their drug test. Is there a way to have this expunged?

The court said it was my daily medicine that did it. I told the officer I have epilepsy.

Samantha Embry
Samantha Embry
answered on Jun 3, 2019

If you plead guilty, this offense cannot be expunged.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: Can a DUI- Drugs license suspension be served on top of an Administrative License Suspension for refusal to test?

My boyfriend got a DUI-Drugs in November of 2017. He had his hearing and sentencing in April, 2018. He also refused to do a blood test, which is a hard 12-month license suspension. He served this and got his license back January, 2019 no problem. April, 2019, we got a letter in the mail from DDS... View More

Ecleynne Mercy
Ecleynne Mercy
answered on May 20, 2019

A DUI suspension, first offense in 5 years, license will be suspended for 12 months. However, at the end of 120 days, the driver can apply for reinstatement if all the following conditions are met:

- Suspended for 120 days.

- Present a Certificate of Completion of a DDS approved...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: under age dui (40-6-391k) in GA but from OH, Wonder if priors for OH will show up for GA. First offense in GA

Was cited for Under age dui .02 or more in GA. Priors are ovi as a juvenile and 2 ovi charges as an adult. Failed for thc and alcohol in all cases, currently on non reporting probation and sr22 license bond. Any advice is gratefully appreciated

Ecleynne Mercy
Ecleynne Mercy
answered on May 20, 2019

A criminal proceeding involving a prosecution for a DUI, evidence of the commission of another DUI on a different occasion by the same accused shall be admissible when:

(1) The accused refused in the current case to take the state administered test and such evidence is relevant to prove...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: June2015=Dui, still no court, how long is this viable? when will they throw it out?

also, 2017=dui, they are trying to try the two cases together... is this legal?

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 30, 2019

There is a two-year statute of limitations applicable to the prosecution of a defendant on charges of driving under the influence. The time begins to run on the date the offenses were committed. O.C.G.A.§ 17–3–1(d), 40–6–391(a)(1), (5).

1 Answer | Asked in DUI / DWI for Georgia on
Q: I received a DUI-D(dui of Rx w/in 8hrs of taking prescribed meds) Can I get my license w/out taking Risk Reduction class

DUI-D was on Dec 2, 2012

never had a DUI previously

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 30, 2019

I will need more information, however, for the purposes of a plea, if you plea to a DUI you are required to take classes as a condition of your DUI probation. Now, if you want to fight the case then that requirement will not be necessary.

2 Answers | Asked in DUI / DWI for Georgia on
Q: Can I be charged with DUI with no blood/alcohol test performed and being parked in a public parking spot.

Was not offered a breath test. Was not driving.

I was parked in a spot with vehicle not in operation.

Samantha Embry
Samantha Embry
answered on Apr 28, 2019

The short answer is, yes. You can be charged with a DUI if you are in control of a vehicle at the time an officer stops you. I suggest you seek representation.

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1 Answer | Asked in DUI / DWI for Georgia on
Q: What year did Ga law change ineligibility of dui to plead first offender? I understand that current law prohibits dui co

I plead nolo to dui received in 2010 and know the judge granted me a first offender and I completed my probation. Now, it's 2019 and I'm being told ga law prohibits that possibility. Has that changed just since 2010 in Georgia

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

It is generally accepted under Georgia law that first offender treatment is unavailable to persons who are convicted of DUI (including those who plead nolo contendere). Sims v. State, 214 Ga. App. 443, 448 S.E.2d 77 (1994)

Moreover, Georgia law does not contain any “deferred...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: What year did Ga law change ineligibility of dui to plead first offender? I understand that current law prohibits dui co

I plead nolo to dui received in 2010 and know the judge granted me a first offender and I completed my probation. Now, it's 2019 and I'm being told ga law prohibits that possibility. Has that changed just since 2010 in Georgia

Ecleynne Mercy
Ecleynne Mercy
answered on Apr 3, 2019

It is generally accepted under Georgia law that first offender treatment is unavailable to persons who are convicted of DUI (including those who plead nolo contendere). Sims v. State, 214 Ga. App. 443, 448 S.E.2d 77 (1994)

Moreover, Georgia law does not contain any “deferred...
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1 Answer | Asked in DUI / DWI for Georgia on
Q: I got a dui in 2015 and i was put on probation for it and i havent reported or paid the fine yet what do i need to d
Ecleynne Mercy
Ecleynne Mercy
answered on Mar 11, 2019

Get an attorney. You will need to know if there is a probation warrant, then whether your probation tolled, and etc. An attorney will be able to review and tell you what is best for YOUR specific case, with YOUR specific set of facts, in the COUNTY, that it happened and YOUR actual probation... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: I have a limited permit (2nd dui, interlock). I got a speeding ticket. If I plead guilty will my license be revoked?

Is there any way for that not to happen? I have to go to court in a weekand just found out the legal consequences

Ecleynne Mercy
Ecleynne Mercy
answered on Mar 11, 2019

I would need more information. I think your biggest issue may be if your probation would be affected. Make sure of that first. In addition, the amount of speeding will definitely be needed to answer whether or not your license will be revoked.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Is it possible to get a resteicted license or some form of license to get to work if DUI was recieved in Georgia

I have a 1 year suspention on my license

Ecleynne Mercy
Ecleynne Mercy
answered on Mar 11, 2019

If you plead guilty to DUI, and it is your first conviction in Georgia within five years, you are immediately eligible for a Georgia temporary driving permit. DUI driving permits known as a temporary or limited driving permit in Georgia will be valid for 120 days from the date of the conviction. In... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: Does a limited or restricted driving permit as a result of a DUI include the use of a motorbike if you don’t own a car?
Ecleynne Mercy
Ecleynne Mercy
answered on Mar 11, 2019

Mopeds

A moped is defined as any motor driven cycle with an engine not exceeding 50cc (3.05 cubic

inches). Mopeds are exempt from the provisions relating to the registration and licensing of motor

vehicles.

Rules to operate mopeds on Georgia roads and highways:...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Georgia on
Q: Can you pass a car impeding traffic

Jsjxjc

Ecleynne Mercy
Ecleynne Mercy
answered on Mar 11, 2019

“All drivers of vehicles using the highways are held to the exercise of due care. A leading vehicle has no absolute legal position superior to that of one following. Each driver must exercise ordinary care in the situation in which he finds himself. The driver of the leading vehicle must exercise... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Agricultural Law and Environmental for Georgia on
Q: is it legal to buy CBD (Hemp) oil THC FREE online and have it shipped to my home if I live in Georgia?
Ecleynne Mercy
Ecleynne Mercy
answered on Mar 8, 2019

The Georgia House just approved a bill that would allow medical marijuana oil to be sold to registered patients, giving them a legal way to obtain a drug that they’re already allowed to use.... View More

1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Immigration Law for Georgia on
Q: Summoned to court for driving w/o US license but had out of country Lc. What will happen to illegal in Augusta ga?

Greetings ,

I would like to converse with a driven dedicated law firm team about a loved ones current situation.

He received 2 tickets and summoned to appear in court soon. He received a "driving without a license" and also a "open container " ticket. He... View More

David Edward Boyle
David Edward Boyle
answered on Feb 26, 2019

Hire an attorney in Augusta who handles traffic tickets and who can probably appear in your husband's absence.

1 Answer | Asked in DUI / DWI for Georgia on
Q: GA Failed breathalyzer test 1st dui got 1 yrs probation judge gave me a limited permit 2 drive. But dmv said i I refused

The breathalyzer and now had a dui als and a dui that show in the DMV system. But that’s not true. What do I do. The cop gave me a paper when I went to jail that said I could drive for 45 days because I did the test. An the judge gave me the paper saying I could get a limited driving permit for... View More

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Jan 21, 2019

It sounds like you did not appeal the suspension of your license. When the arresting officer gave you the 45 day permit, you had to appeal that in order to keep your driver's license. It sounds like you did not appeal that, and, thus, your license was suspended for 1 year.

1 Answer | Asked in DUI / DWI for Georgia on
Q: I was told that the blood results they took for a DUI in November were not back. They said if they wanted to request a

They said if they wanted to request a later trail date to wait for them. Can I make them go ahead w/ the trail even w/o the results?

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Jan 21, 2019

It is unlikely. The prosecutor will likely request (and be granted) a continuance based upon the blood test results not being returned yet.

1 Answer | Asked in DUI / DWI and Federal Crimes for Georgia on
Q: If pulled over illegally, is the search valid
Steven McNicholl
Steven McNicholl
answered on Jan 10, 2019

Generally the seizure (pulling over) and the search must be valid. Every rule has many exceptions, it would depend on the specific facts of the case to determine if the search was valid.

1 Answer | Asked in DUI / DWI for Georgia on
Q: A dui blood alcohol test was performed in january 2018 in Tennessee. The result was found inadmissible later in may.

In august 2018 the Tennessee supreme court overturned earlier lower court rationale for inadmissible results in force at time of sampling with 5 continuances prior to new ruling. Are january results still valid after new ruling since case still not adjudicated yet? And what about similar cases... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2018

I am unclear of your question. I would recommend that you talk to a DUI lawyer where you got the DUI. Your question is posted in GA but referencing TN court decision. Is this TN or GA where you got a DUI? Talk to a lawyer where you got the DUI.

1 Answer | Asked in DUI / DWI for Georgia on
Q: Is an employer responsible for a driver that gets a DUI after the office holiday party?
Bernard Crane
Bernard Crane
answered on Dec 17, 2018

You are confusing civil and criminal cases. A bar owner CAN be found negligent and responsible if he over-serves a patron and that patron goes out and injures another person or property. However, 1) it is not entirely clear that an employer could be held to the same standard as a bar owner in that... View More

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