Quirks Of DUI Law
There are 3 situations where a DUI is a Felony.
1 – Driving under the influence in a School Bus.
2 – If it is your 4th. DUI in a 10-year period.
3 – If you drive under the influence after being declared an Habitual Violator.
A Nolo Contendere plea will not save your driver’s license from a suspension.
You cannot have a higher breath, or blood, test than .150 gms, and plea nolo contendere. It is within the judge’s discretion always as to whether you can plea nolo contender. You must be at least 21 years of age to plea nolo to a DUI charge. You must have a written verified petition to plea nolo to a DUI charge and even then most judges won’t accept a nolo plea to a DUI.
If you are charge with a DUI and you have a child or children in the vehicle with you under the age of 14 years, you may also be charge with child endangerment.
In court, if you plea guilty to the child endangerment charge, you will probably get a fine and some probation, to go along with your DUI charge. However, when the disposition of the child endangerment charge is sent to the Georgia Department of Driver’s Services, it is considered by them to also be a DUI. In other words, if you have one DUI charge and one child endangerment charge, and you plea guilty to both, The Department of Driver’s service will have two (2) DUI’s on your record.
If the DUI is your first DUI in a 10 year period.
You will qualify for a “DUI Work Permit” for a year (you can get the suspension cleared up in 120 days after you go to court if the DUI is an Alcohol DUI), assuming you have no other suspensions, and the DUI is not “DUI Drugs”. If you plea to “DUI Alcohol”, you can get the permit. If you plea “DUI Drugs”, you cannot get the permit and you do not qualify for early reinstatement for at least 180 days.
When you plea guilty to DUI, your license are suspended ROTS, that is right on the spot.
Even if the judge doesn’t say so- Even if no one tells you that they are- Even if you leave court with your license in your pocket. Your license are suspended by what is known as “by operation of law”. It means, you are told in the law books that they are suspended and therefore you are deemed to know that. So, if you drive to court and plea guilty to DUI, you cannot drive away from court legally.
Certain point levels from DUI tests, such as, from you blood, breath or urine establishes that you are driving with an unlawful blood content.
These point levels are referred to as Pre se. If you are under the age of 21 years, the point level is .02gms; if you are driving a commercial vehicle the per se point level is .04, if you are 21 years of age, or older, an driving a non-commercial vehicle you per se point level is .08. If you are charge and being tried under a per se DUI statute, whether or not you were under the influence is actually irrelevant.
You can actually be charged and convicted of DUI on a farm tractor, lawn mower or a golf cart.
You can be convicted if you are in a vehicle being towed, if you are driving or in actual physical control of a moving vehicle while under the influence of alcohol or drugs to the extent that you were less safe, or with an illegal point level of alcohol, drugs or a combination of both.
Offender” to the marijuana charge, then your license will not be suspended for the drug charge.
If you are convicted or plea guilty to DUI and possession of marijuana (or any other illegal drug) arising out of the same incident, your license will be suspended for both the DUI and the Drug charge. The marijuana suspension will not start to run until you get your license reinstated from the DUI Suspension, in other words the suspensions run consecutively. If you qualify and can plea “First If you qualify, and plea nolo contendere to the drug charge, and you complete DUI school and get the certificate to the Georgia Department of Driver’s Services within 120 days your license will not be suspended for the drug charge. (If you get it to them on the 121st. day however, your license are gone for at least 180 days). You cannot plea “First Offender” to a DUI however, and a nolo won’t save your license from a suspension either.