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Georgia Residents: Does Anyone Know DUI Penalties?

Posted on 8/16/15 at 12:25 pm
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 8/16/15 at 12:25 pm
So someone I know recently got a DUI, her second. What are the consequences? First one was plead down to reckless, but from what I have read, that doesn't matter when it comes to the second. Also, is she legaly allowed to drive, besides work, if she hasn't gone to court yet? She is telling everyone she has full privileges. Also, telling everyone it's going to be thrown out because they(guessing Alpharetta, although was arrested by johns creek, but taken to alpha jail) haven't calibrated the machine since 2013.


I find this all a little hard to believe, especially since this person pretty much never has an ounce of truth come out of their mouth.


Any insight to reality beyond the fiction I hear from them would be great.

eta, this thread goes great with the sobriety thread.
This post was edited on 8/16/15 at 12:29 pm
Posted by Chazzy McRamzee
Member since Jun 2014
2681 posts
Posted on 8/16/15 at 12:34 pm to
quote:

Also, is she legaly allowed to drive, besides work, if she hasn't gone to court yet?


Innocent until proven guilty is my guess. If they haven't asked for her to turn in her license then I assume it's okay to drive until she goes to court.

Allowed to drive to work? They allow that? I always thought once it's suspended it means zero driving. You better get a taxi or have someone drop you off.

And sorry about your wife, brah.
This post was edited on 8/16/15 at 12:35 pm
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 8/16/15 at 12:42 pm to
They take your license on the spot. She says the ticket itself acts as your license.
Posted by VagueMessage
Fayetteville, AR
Member since Jun 2013
3901 posts
Posted on 8/16/15 at 1:01 pm to
Did she get pulled over by that sweet new Lambo?
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 8/16/15 at 1:04 pm to
Nope johns creek, but they don't have a jail, so she was sent to alpharetta. I am guessing she took the real breathalyzer at the jail. I am guessing they wouldn't have taken her to johns creek pd, do test, then to alpharetta jail for detention/ bonding.

I don't know how they do it.
This post was edited on 8/16/15 at 1:05 pm
Posted by Chazzy McRamzee
Member since Jun 2014
2681 posts
Posted on 8/16/15 at 1:11 pm to
quote:

johns creek


Not a big deal. Just let her chauffeur handle it for the next few months.
Posted by EyeTwentyNole
Member since Mar 2015
4199 posts
Posted on 8/16/15 at 1:16 pm to
I'm in the same boat. Mine was back in 2012, hired a lawyer, still haven't been to court. They didn't take my license, and it is still completely valid. If they took hers she should request a license hearing. A lot of times cops don't even bother to show up, and if they don't she gets her license back.
Posted by olddawg26
Member since Jan 2013
24572 posts
Posted on 8/16/15 at 1:24 pm to
quote:

I am guessing she took the real breathalyzer at the jail




oops
Posted by Volatile
Tennessee
Member since Apr 2014
5471 posts
Posted on 8/16/15 at 2:27 pm to
Never consent to breathalyzers. If the force you, a good lawyer might be able to get it suppressed and the case thrown out.
Posted by Tiger n Miami AU83
Miami
Member since Oct 2007
45656 posts
Posted on 8/16/15 at 2:41 pm to
License only gets suspended if you refuse to blow. If you blow, it is innocent until proven guilty.

Frankly, I got multiple dui's in the Atl area when I lived there in Buckhead. It was when they were trying to close down the bars in Buckhead and just arresting everyone constantly (which worked of course). One of mine they had two double decker car trailer transporters at a road block where they just loaded everyone's car onto.

Mine got totally dismissed. Bunch of bullshite, I blew under the legal limit twice and still got arrested along with the rest.

I don't know about how it is now, but mine took over 2 years to get through the court docket because they were so overloaded with cases.

If I hear Atl dui, I'm skeptical now after my experience. As horrible as they were then about giving them out like candy and how mine just got dismissed for being bullshite, she may be fine. Course depends on what she blew as well. If it's like a .15, she maybe fricked for a while.
Posted by Tiger n Miami AU83
Miami
Member since Oct 2007
45656 posts
Posted on 8/16/15 at 2:46 pm to
Oh, and I say consent to the breathalyzer if you dont think you are over the limit. I did and had them draw blood too. I wanted all the evidence I could get to show it was bullshite.
Posted by BallstotheWesleyWall
Swagosphere
Member since Jan 2014
9364 posts
Posted on 8/16/15 at 2:55 pm to
I got a DUI in Johns Creek and went to jail in Cumming. I got the book thrown at me.
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
63857 posts
Posted on 8/16/15 at 3:26 pm to
Sister in law got her second DUI in GA about 7 years ago. She didn't drive for over a year. No work permit, nothing. They even came by and wrote her a ticket for having an unregistered vehicle, which you can't register without insurance, which you can't get without a drivers license which was suspended because of a DUI. Explained this to the judge, judge said frick you, pay the fine for having an unregistered vehicle, and by the way, register it or you'll get another... so she sold us her car for $1 so we could register it... so it could continue sitting in her driveway.


TLDR second DUI in GA is bad news. Nobody feels sorry for you, nobody cares if you are a nurse or have to pick your kids up from daycare, nobody gives a frick whether or not you have a "problem"... That shite only works on the first DUI.

This post was edited on 8/16/15 at 3:27 pm
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 8/16/15 at 3:42 pm to
quote:

LDR second DUI in GA is bad news. Nobody feels sorry for you, nobody cares if you are a nurse or have to pick your kids up from daycare, nobody gives a frick whether or not you have a "problem"... That shite only works on the first DUI.


This kind of what I am hoping for. This person has an alcohol problem, amongst other issues, and needs to hit bottom before she hopefully realizes she needs to get a grip on reality and life. It's always someone else's fault, always lies to impres, etc... Last time when she went through the dui classes, she came away with it as someone else she knew was an alcoholic(even though that person drinks like once or twice a month) despite her drinking to get trashed 5-7 times a week, during the day etc....
Posted by plazadweller
South Georgia
Member since Jul 2011
11441 posts
Posted on 8/16/15 at 6:47 pm to
The first one is pretty bad, but the 2nd you're fricked. If guilty I believe you start to getting into mandatory jail time and counseling. She'll probably have to take a DUI/Substance Abuse class that is LONG. I think 90 days. I'm pretty sure at minimum she'll have a suspended license for 6 months, but it will probably be 12 months. A lawyer will help in only getting these reduced to the minimum if she's guilty. Tell her "Good Luck" because there are a lot of interest groups that have rendered it impossible to get charges dropped.
Posted by plazadweller
South Georgia
Member since Jul 2011
11441 posts
Posted on 8/16/15 at 6:52 pm to
quote:

if they don't she gets her license back.


My lawyer told me it's a req'd 4 month suspension if the officer doesn't show up. Criminal court & DMV court are totally different. I say 4 months instead of 6 because I already had my DUI class completed.
Posted by StrawsDrawnAtRandom
Member since Sep 2013
21146 posts
Posted on 8/16/15 at 7:47 pm to
A lot of drinking and driving pieces of shite up in this thread.
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124233 posts
Posted on 8/17/15 at 12:28 am to
Yeah she is still legally allowed to drive
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124233 posts
Posted on 8/17/15 at 12:29 am to
I have 7

It's been 6 yrs since my last one

First one I was 15
Posted by Rounder1
Member since Feb 2013
522 posts
Posted on 8/17/15 at 6:53 am to
First things first. She has 10 days to request a hearing to ALS. If she fails to do that her license will be suspended for 12 months regardless of the outcome of the DUI.
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