A DUI is a misdemeanor criminal offense within the state of Georgia. It is punishable by a fine of up to $1,000, 12 months probation with at least 24 hours in custody, and special conditions of probation. For more detailed information about DUI law and sentencing requirements, please visit my webpage here.

If you are arrested for Driving Under the Influence (DUI) in Georgia and ultimately convicted, the arrest and conviction will be on your Georgia criminal history for the rest of your life. But don’t get scared, there are ways to fight your case to try and prevent a lasting Georgia criminal history impact from one mistake. This blog will discuss the basics of a Georgia criminal history, specific rules regarding Atlanta DUIs and your criminal history, and steps that can be taken to mitigate and prevent a DUI arrest and conviction from being on your Georgia criminal history.

What is Your Georgia Criminal History?

Your Georgia criminal history is the record created by the Georgia Bureau of Investigation’s (GBI) Crime Information Center. It is commonly known as your GCIC. Your Georgia criminal history is tracked by your fingerprints. Any time you are arrested for a state misdemeanor or felony charge, that arrest will created one cycle on your criminal history. That cycle will list the date of arrest, what you were arrested for, what you were ultimately charged with if the charge differs from the arrest, the ultimate disposition or resolution of the case including any sentence, and the date your case was resolved. All of that information for this specific instance will be under that one cycle. There is no expungement in Georgia so nothing can ever be deleted from your criminal history. Georgia does allow for record restriction, and we will get into the specific laws regarding DUI in the next section.

Will a DUI Arrest Be On My Criminal History Forever?

Georgia law no longer allows expungement. In July of 2013 Georgia changed the laws that involved your criminal history and created a process that is called record restriction. Record restriction does exactly what it states. It will restrict specific records on your Georgia criminal history from being seen by employers, landlords, private background check companies, and other non-governmental agencies. State and federal governments, law enforcement agencies, prosecutorial agencies, and the military can all see an unrestricted copy of your Georgia criminal history. Only certain outcomes of your initial arrest are eligible for record restriction under Georgia law. These are:

• If you an accusation, indictment, or other charging instrument was not presented for prosecution within the appropriate statute of limitations

• If your case is resolved through successful completion of a first offender or conditional discharge plea

• If you complete a restriction eligible diversion program

• If you are found not guilty of every offense which you have been charged relating to that cycle on your criminal history

• If you are eligible for misdemeanor record restriction under Georgia’s new Record Restriction Law - SB 288

Unfortunately, DUIs are not eligible for record restriction under the new misdemeanor record restriction law. You also cannot plead first offender to a DUI charge in the State of Georgia and they are not eligible for a diversion program. The three ways that DUI arrests are most often restricted from your Georgia criminal history after an Atlanta DUI arrest is if the charge was not presented for prosecution within the 2 year statute of limitations, if you are found not guilty of every offense after trial, or if all charges are completely dismissed by the prosecuting agency such as the City of Atlanta Municipal Court Solicitor’s Office or the Fulton County Solicitor’s Office. This means that if you want to prevent a DUI arrest from being on your criminal history forever, you need to fight it.

What Can I Do to Try to Prevent an Atlanta DUI Arrest and Conviction from Being on My Criminal History?

The best thing you can do to mitigate any damage after an Atlanta DUI arrest is to hire an experienced Atlanta DUI attorney as quickly as possible to start investigating your case and gathering all evidence that can help you fight your case. You can take your case to trial, and if you are found not guilty of all charges, your whole record including the DUI arrest will be restricted. However, if you are found not guilty of the DUI but guilty of other offenses in the accusation, the arrest will still be there. It is also possible an attorney can help you get charges dismissed or reduced which could prevent a DUI conviction from being on your criminal history. If you are found not guilty of DUI or your Atlanta DUI charge is dismissed and you resolve your case to a lesser charge such as reckless driving or another traffic offense, the final part of that cycle on your criminal history where it shows the resolution will not show a DUI. You can then explain that the DUI was dismissed and how you ultimately resolved your case to anyone who would like further information.

If you have questions about a pending DUI matter, or would like more information about how a DUI may impact your Georgia criminal history, call me today for a free consultation at 678-753-6431.