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How does the laws taking effect on 7/1/2013 in Georgia affect third time dui offenders?

Marietta, GA |

Looking at my third DUI in 5.

Attorney Answers 5

  1. If you are talking about the changes in drivers licenses suspensions then it may not benefit you. If there is a 2nd in 5 counted from arrest date then the driver would be eligible for a limited license and ignition interlock device after completion of a few requirements. That change occurred in January 2013 and was tweaked in July 2013. There are no other changes in the law.

    There some other alternative punishments such as DUI court. It may be new in some counties but it is not new in Cobb County.

  2. You will more than likely go to jail and lose your license for a long time. Fines and classes will be included with any amount of probation you receive.

  3. The new license laws went into effect January 1st of this year, but they only apply to people who are faing their second violation in a 5 year period. If you are convicted of a 3rd DUI within a 5 year period you will be delayed a Habitual Violator, and your license will be suspended for 5 years 2 of which aero a hard suspension with no limited permit of any kind. After 2 years you may be eligible for a permit.

    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.

  4. If on the off chance you are talking about the new laws regarding restriction of records, it doesn't affect DUI's at all.

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  5. Georgia's new laws that take effect in July of 2013 do not change a 3rd DUI Conviction. A 3rd DUI conviction within 5 years penalties include a 5 year SUSPENSION of your Georgia Drivers License. The first 2 years are a "Hard" suspension - that means that there is NO LIMITED DRIVING PERMIT for any reason. Job, school or medical issues are not considered by the State and you will not be able to get a permit to drive. After the initial 2 year "hard" suspension you may be able to get a limited permit but you will have to jump thru the states hoops to get it. In my opinion the best way for you to avoid this serious issue is to retain the best DUI defense attorney that is available to you. There may be defenses in your case that you are not aware of and that an experienced DUI defense attorney may be able to use in your defense. Remember, the Defense Attorney's job is to make sure that the police officer did his - the way he was trained, following the law and not taking any shortcuts. The consequences are very serious in your situation and you should at least have your case reviewed and not simply give up! Good Luck,
    George McCranie

    The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

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