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DEKALB COUNTY REFUSAL FAILURE TO YIELD

State v. A.J.
Defendant struck parked patrol car while officer was directing traffic. Officer smelled strong odor of alcohol and defendant admitted to drinking several beers.

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CITY OF AUSTELL - .099 BREATH TEST - STRIKING FIXED OBJECT

State v. K.S.
Defendant was stopped by Austell Police for striking fixed object. After performing field sobriety evaluations, defendant was taken into custody and read implied consent warning. During an inventory search of the vehicle, the officer discovered a bottle of open Sky Vodka. Defendant blew a .099 on the Intoxilyzer 5000. City of Austell Municipal Court dismissed the DUI in exchange for a guilty plea to reckless driving.

License

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LICENSE SUSPENSION FOR DUI CONVICTIONS:

Infraction License suspension penalties for Georgia drivers excluding CDL or other classes of Georgia licenses. Additional penalties may apply to CDL or other classes of Georgia licenses that are not listed below. Additional suspensions may be imposed as a result of additional criminal charges. Different suspension penalties may also be imposed as a result of any judgment resulting from a Georgia administrative license suspension action. Out of state drivers may also face penalties not only from Georgia but from the licensee's home state as a result of a Georgia conviction for DUI or an administrative license suspension action.

1st offense within 5 years

  • 1 year loss of license
  • Under 21 drivers with alcohol concentration of .08 or more: 1 year loss of license
  • Under 21 drivers with alcohol concentration under .08: 6 months loss of license

2nd offense within 5 years

  • 3 years loss of license
  • Clinical Evaluation: mandatory minimum 17 week treatment program in order for Georgia licensee to be eligible for limited permit and for license reinstatement after statutory minimum suspension period
  • DUI Risk Reduction Program: mandatory for reinstatement of Georgia license
  • Ignition Interlock Device

3rd offense within 5 years

  • Declared a habitual violator
  • 5 years loss of license
  • Possible probationary license for Georgia licensees after 24 months if DUI Alcohol or Drug Use Risk Reduction Program and clinical evaluation/required treatment completed, liability insurance is proven, and ignition interlock is installed for 6 months

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