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

Asked about 1 year ago - 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)

  1. Benjamin David Goldberg

    Pro

    Contributor Level 17

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    Answered . 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.

  2. Michael David Barber Jr.

    Contributor Level 15

    7

    Lawyers agree

    Answered . 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... more
  3. Dean George Tsourakis

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    Contributor Level 20

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

  4. Kevin Aaron Chastine

    Pro

    Contributor Level 12

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    Answered . 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.

  5. Robert M. Gardner Jr.

    Pro

    Contributor Level 18

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    Answered . 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... more
  6. James Lawrence Yeargan Jr.

    Pro

    Contributor Level 20

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    Answered . 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... more

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