Skip to main content

How does getting a DUI in ga work if you have a fl license?

Duluth, GA |

I had ga license and got DUI in 2009, did everything asked and reinstated. Now have fl license and got DUI this past weekend in ga, will this count as 2nd DUI in 5 years still? Also I refused test, will fl suspend my license for refusing out of state test?

Attorney Answers 6

Posted

Yes, this will count as a 2nd in 5. It's complicated, but your Florida license is in jeopardy. You were arrested this past weekend, so please know you have ten days to file the necessary paperwork to preserve your driving privileges in the meantime. That means hire a lawyer ASAP! I would be happy to answer any more of your questions.

Mark as helpful

7 lawyers agree

Posted

Yes. it will be a second in 5 in Georgia. Georgia will suspend your license and transmit it to Florida under the Interstate Compact.

Mark as helpful

7 lawyers agree

Posted

As I understand it, Florida will not automatically suspend your license just because you refused a test. The license consequences will depend on the outcome of your case. As others have mentioned, we would need to send paperwork ASAP to protect your license while the case is pending, and explore the possible defenses to the case. It can be very difficult for the state to prove your guilt beyond a reasonable doubt without a valid chemical test. Just expect that the prosecutor will be less willing to reduce the charge to a non-DUI disposition because of the prior charge. So, it's important to work with an attorney who's serious about fighting your case if necessary, rather than accepting the first plea offer they give you.

Mark as helpful

5 lawyers agree

Posted

I agree, escpecially with Counselor Tsourakis as he is a Florida Attorney. It will count as a second in Five in Georgia. this means that under Georgia Law your license would be suspended for aminimum of 4 months with a plea to the DUI. This, of course, does not mean that you have to plea to the DUI. You were asking for scenarios (or at least I implied it). Depending on where you received the ticket will determine what you could possibly work out. For instance, Atlanta (where I'm a former DUI prosecutor) works a lot differently from Cobb, DeKalb and Gwinnett. You should at least consult a Georgia attorney and a Florida attorney for free consultations.

If you find this answer helpful, please mark it here on AVVO as helpful. At this time, I am not accepting professional responsibility on this matter. No attorney/client relationship is created unless and until I receive a signed retainer agreement along with the requested retainer fee. If this matter is truly important to you, hire an attorney. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 678-510-1716 or mbarber@barberlegalcounsel.com if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). Without reviewing the appropriate paperwork It is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Note that I am only licensed in Georgia and thus cannot practice in other states. Nothing in my answer should be considered as tax-advice. Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

Mark as helpful

7 lawyers agree

Posted

It will count as a second DUI in 5 years for purposes of punishment by the Georgia Court. Florida will then recognize a conviction, and the results to your license will be based on Florida law.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP EMAIL: hmgrmg@yahoo.com, OFFICES: 53 W. Candler St., Winder, Ga. 30680, 106 Washington Street, Jefferson, Ga. 30549, Or 718 Oak St. Gainesville, Georgia. PHONE: (770) 307-4899 or (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

Mark as helpful

4 lawyers agree

Posted

If you are convicted of this DUI, or you undergo an administrative suspension, Georgia will suspend your privilege to drive here, and this will report to Florida. It will be treated as a 2/5 conviction in Georgia for terms of sentencing, and license suspension. If you are convicted, or go under an administrative suspension, you will be suspended in both Georgia and Florida and you will have to reinstate your license, or privilege to drive, in both states.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

Mark as helpful

4 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics