Does a DUI in Georgia Count as a Criminal Record?

Getting arrested for DUI in Georgia can feel overwhelming. You might wonder what happens next and how this charge will affect your life. One of the biggest questions people ask is whether a DUI will show up as a criminal record. The short answer is yes. A DUI conviction in Georgia is a criminal offense that becomes part of your permanent record. Understanding what this means for your future can help you make informed decisions about your case.

What Is a DUI in Georgia?

A DUI, or driving under the influence, happens when someone operates a vehicle while impaired by alcohol or drugs. In Georgia, you can be charged with DUI if your blood alcohol concentration is 0.08% or higher. You can also face DUI charges if drugs or a combination of substances affect your ability to drive safely, even if your BAC is below the legal limit.

Georgia law treats DUI seriously. Even a first-time offense comes with penalties that can change your life. These penalties include fines, possible jail time, license suspension, and mandatory DUI classes. The consequences get worse with each additional conviction.

DUI as a Criminal Offense in Georgia

When you’re convicted of a DUI in Georgia, it goes on your criminal record as a misdemeanor for most first, second, and third offenses. A fourth DUI within ten years becomes a felony. This criminal record is permanent. Unlike some minor offenses that might disappear after a certain amount of time, a DUI conviction in Georgia stays with you for life.

Your criminal record is maintained by the Georgia Crime Information Center. This record is accessible to law enforcement, government agencies, and many private organizations that conduct background checks. Potential employers, landlords, schools, and even volunteer organizations can see your DUI conviction when they review your background.

The Difference Between Criminal Records and Driving Records

Many people get confused about the difference between criminal records and driving records. Both exist, but they serve different purposes and have different rules about how long information stays on file.

Your criminal record includes all criminal convictions, including DUI. This record is permanent in Georgia. There’s no automatic way to remove a DUI conviction from your criminal history.

Your driving record is maintained by the Georgia Department of Driver Services. This record tracks traffic violations, license suspensions, and DUI convictions as they relate to your driving privileges. A DUI typically stays on your driving record for ten years from the date of your arrest. During this time, the conviction affects your insurance rates and can impact jobs that require driving.

How Long Does a DUI Stay on Your Record?

The answer depends on which record you’re asking about.

Criminal Record

A DUI conviction remains on your criminal record permanently. Georgia does not allow expungement of DUI convictions. Expungement is the legal process that removes a conviction from your record. While some states offer expungement for certain offenses, Georgia law is strict about DUI cases. Once convicted, that conviction stays on your record indefinitely.

This permanent record means that anyone conducting a criminal background check can see your DUI conviction no matter how much time has passed. Even if your DUI happened 20 or 30 years ago, it will still appear on your criminal record.

Driving Record

Your driving record tells a different story. A DUI conviction affects your driving record for about ten years. Insurance companies check your driving record when setting your rates. A DUI on your record can cause your insurance premiums to double or triple. These higher rates typically last as long as the DUI appears on your driving record.

Georgia uses a point system for driving violations. While a DUI conviction itself doesn’t add points in the traditional sense, combining it with other traffic violations can lead to additional license suspensions. Any further driving offenses after a DUI can make your situation worse.

Penalties for DUI Convictions in Georgia

The penalties you face depend on several factors, including whether this is your first offense and the specific details of your case.

First DUI Offense

A first-time DUI conviction in Georgia includes:

• Minimum 24 hours in jail (up to one year possible)
• Fines ranging from $300 to $1,000
• 40 hours of community service
• Completion of a DUI risk reduction program
• Clinical evaluation and possible substance abuse treatment
• License suspension for up to one year
• Probation for up to 12 months

These are minimum penalties. Judges can impose harsher sentences based on your blood alcohol concentration, whether you caused an accident, or if minors were in the vehicle.

Second DUI Offense

A second DUI within ten years brings more severe consequences:

• Minimum 72 hours in jail (up to one year possible)
• Fines from $600 to $1,000
• 30 days of community service
• License suspension for three years
• Completion of DUI school
• Publication of your name, photo, and conviction details in the local newspaper
• Installation of an ignition interlock device on your vehicle

The ignition interlock device requires you to pass a breathalyzer test before your car will start. You must have this device for at least 12 months.

Third DUI Offense

A third DUI within ten years is still a misdemeanor but carries:

• Minimum 15 days in jail (up to one year possible)
• Fines from $1,000 to $5,000
• 30 days of community service
• License suspension for five years
• Completion of DUI school
• Mandatory ignition interlock device
• Your vehicle may be seized

Fourth DUI and Beyond

A fourth DUI within ten years becomes a felony offense. Felony DUI convictions include:

• One to five years in prison
• Fines up to $5,000
• Permanent seizure of your vehicle
• License revocation
• Felony record that affects gun ownership rights and voting rights

Impact on Employment and Career

Having a DUI on your criminal record affects your ability to get and keep a job. Most employers run background checks on job applicants. When they see a DUI conviction, they might question your judgment and reliability.

Certain careers are particularly affected by DUI convictions:

• Commercial driving positions require a clean driving record
• Healthcare jobs may deny licenses to people with criminal convictions
• Teaching positions often have strict background requirements
• Government jobs conduct thorough background checks
• Jobs requiring security clearances typically disqualify people with recent DUI convictions
• Positions involving company vehicles usually require acceptable driving records

Even if your job doesn’t involve driving, employers might see a DUI as a character issue. Some companies have policies that automatically disqualify candidates with criminal convictions.

If you already have a professional license, a DUI conviction can put it at risk. Doctors, nurses, lawyers, accountants, real estate agents, and other licensed professionals must report criminal convictions to their licensing boards. These boards can suspend or revoke licenses based on DUI convictions.

Financial Consequences of a DUI

The immediate costs of a DUI are just the beginning. Between court fines, attorney fees, DUI school, and other expenses, a first-time DUI can cost $10,000 or more.

Insurance Rate Increases

Insurance companies view DUI convictions as high-risk behavior. After a DUI, your insurance rates will likely increase by 50% to 200%. Some insurance companies may cancel your policy altogether. You might need to get SR-22 insurance, which is a special high-risk insurance certificate. SR-22 insurance costs significantly more than standard coverage.

These higher rates can last for five to ten years, depending on your insurance company’s policies. Over time, you could pay tens of thousands of dollars more in insurance premiums.

Long-Term Financial Impact

Beyond insurance and immediate penalties, a DUI affects your finances in other ways:

• Lost wages from time spent in jail or at court appearances
• Reduced earning potential if the conviction limits your career options
• Higher costs for rideshare services if you lose your license
• Difficulty getting approved for loans or mortgages
• Increased housing costs if landlords reject your rental applications

Effects on Personal Life

A DUI conviction reaches into many areas of your personal life. Landlords often conduct background checks before approving rental applications. A criminal record can make finding housing difficult, especially in competitive rental markets.

If you’re going through a divorce or custody battle, a DUI conviction can affect the outcome. Courts consider criminal convictions when making custody decisions. A DUI might result in supervised visitation or limited parenting time.

College applications and scholarship opportunities can be affected too. Many schools ask about criminal convictions. While some schools take a holistic approach, others may deny admission based on a DUI conviction.

Volunteer opportunities, especially those involving children or vulnerable populations, typically require background checks. A DUI conviction might prevent you from coaching youth sports, volunteering at schools, or participating in other community activities.

Can You Avoid Having a DUI on Your Record?

The best way to keep a DUI off your record is to avoid a conviction. This requires building a strong defense with the help of an experienced DUI attorney.

Possible Defense Strategies

Several defenses might apply to your case:

• Challenging the legality of the traffic stop
• Questioning the accuracy of breathalyzer or blood test results
• Examining whether officers followed proper procedures during your arrest
• Investigating whether your rights were violated
• Looking at maintenance records for testing equipment
• Reviewing video footage from the arrest
• Examining the officer’s training and certification

Every DUI case is different. What works in one case might not work in another. Having an attorney review the specific facts of your situation is important.

Plea Bargains and Reduced Charges

In some cases, it might be possible to negotiate a plea bargain for a lesser charge. A reckless driving charge, for example, doesn’t carry the same long-term consequences as a DUI conviction. However, prosecutors don’t offer these deals easily. You need strong reasons why the evidence against you is weak or why unusual circumstances apply to your case.

First Offender Programs

Georgia doesn’t offer standard DUI diversion programs like some states do. However, some jurisdictions have special courts or programs for first-time offenders. These programs typically require:

• Pleading guilty to the charge
• Completing intensive supervision
• Attending counseling or treatment programs
• Paying all fines and fees
• Staying out of trouble for a specified period

If you successfully complete the program, your record might show better outcomes, though the conviction still remains.

What to Do If You’re Charged With DUI

If you’ve been arrested for DUI in Georgia, take these steps right away:

1. Don’t talk to police without an attorney present
2. Write down everything you remember about the arrest
3. Save any receipts, photos, or other evidence from that day
4. Request a hearing with the Department of Driver Services within 30 days to challenge your license suspension
5. Contact an experienced DUI attorney as soon as possible

The 30-day rule is particularly important. You have only 30 days from your arrest date to request an administrative license suspension hearing. Missing this deadline means your license will be automatically suspended.

Understanding License Suspensions

Georgia has two types of license suspensions for DUI cases: administrative suspensions and criminal suspensions.

Administrative License Suspension

When you’re arrested for DUI, the officer typically takes your license and gives you a temporary driving permit. This permit lasts 30 days. If you don’t request a hearing within those 30 days, your license is automatically suspended.

The administrative suspension is separate from your criminal case. Even if you’re later found not guilty in court, you can still lose your license administratively if you don’t fight the suspension.

Criminal License Suspension

If you’re convicted of DUI, you face a separate license suspension as part of your criminal sentence. These suspensions are:

• Up to one year for a first offense
• Three years for a second offense
• Five years for a third offense

Limited Driving Permits

After serving part of your suspension, you might qualify for a limited driving permit. This permit allows you to drive to work, school, medical appointments, and court-ordered programs. However, you must meet specific requirements:

• Complete a DUI risk reduction program
• Install an ignition interlock device on your vehicle
• Obtain SR-22 insurance
• Pay all required fees

Not everyone qualifies for a limited permit. If you refused a blood or breath test, you might face a longer waiting period before becoming eligible.

The Reality of Background Checks

Criminal background checks are common in modern life. Understanding how they work helps you prepare for situations where your DUI conviction might come up.

Employment Background Checks

Most employers use third-party companies to run background checks. These checks typically search:

• County court records where you’ve lived
• State criminal databases
• Federal criminal records
• Sex offender registries

Your DUI conviction will appear in county and state searches. Some background check companies go back seven years, while others search your entire history.

Housing Background Checks

Landlords use similar services to screen potential tenants. They want to know about criminal convictions that might indicate risk. While a DUI isn’t a violent crime, landlords might see it as a sign of poor judgment.

Other Situations Requiring Background Checks

Background checks happen in many situations:

• Applying for professional licenses
• Adopting children
• Obtaining security clearances
• Buying firearms
• Volunteering with youth organizations
• Joining the military

Being honest about your DUI conviction is important. Many applications ask if you’ve ever been convicted of a crime. Lying on these applications can result in automatic disqualification or termination if discovered later.

Why Georgia Doesn’t Allow DUI Expungement

You might wonder why Georgia refuses to allow expungement for DUI convictions. The reasoning comes from how seriously the state views impaired driving.

Georgia lawmakers believe that DUI convictions should remain visible as a public safety measure. They argue that permanent records:

• Help identify repeat offenders
• Allow employers to make informed hiring decisions for safety-sensitive positions
• Provide courts with complete criminal histories when sentencing
• Serve as a long-term deterrent against drunk driving

Other states have different approaches. Some allow expungement after a certain number of years with no additional offenses. Georgia has chosen a stricter path.

Moving Forward After a DUI Conviction

A DUI conviction doesn’t mean your life is over, but it does mean you need to be honest about your past and work to move forward. Here are some steps that can help:

Be Proactive About Your Future

Complete all court-ordered requirements on time. This includes:

• Paying all fines and fees
• Finishing community service hours
• Attending all DUI classes and treatment programs
• Maintaining your ignition interlock device if required
• Checking in with your probation officer regularly

Completing everything on schedule shows responsibility and prevents additional penalties.

Prepare for Background Check Questions

When applying for jobs or housing, be ready to discuss your DUI conviction honestly. Consider how you’ll frame the conversation:

• Acknowledge the mistake
• Explain what you learned from the experience
• Describe the steps you took to address the issue
• Emphasize how you’ve grown since the conviction
• Focus on your qualifications and positive attributes

Most people appreciate honesty and evidence of personal growth. Trying to hide your conviction usually backfires.

Consider Additional Education or Training

Improving your skills and qualifications can help offset concerns about your criminal record. Additional certifications, training programs, or education demonstrate your commitment to personal development.

Build a Strong Support Network

Surround yourself with people who support your goals. This might include:

• Family members who believe in you
• Friends who encourage positive choices
• Support groups for people dealing with DUI convictions
• Mentors in your field who can vouch for your character
• Counselors or therapists who help you work through challenges

The Importance of Getting Legal Help

Facing a DUI charge without legal representation puts you at a serious disadvantage. DUI law is complex, and prosecutors handle these cases every day. They know how to build cases against defendants.

An experienced DUI attorney understands:

• How to challenge evidence
• What constitutional rights protect you
• How to negotiate with prosecutors
• Which defenses apply to your situation
• How to minimize penalties if conviction is likely
• The long-term consequences of different outcomes

Many people assume they should just plead guilty and get it over with. This approach almost always leads to the worst possible outcome. Even if the evidence seems strong, an attorney might find problems with your case that aren’t obvious.

Get Help With Your Georgia DUI Case Today

A DUI conviction in Georgia creates a permanent criminal record that affects employment, insurance, housing, and many other areas of your life. The consequences last far beyond the immediate penalties of fines and jail time. Understanding how Georgia’s DUI laws work and what options you have can make a real difference in protecting your future.

If you’re facing DUI charges in Georgia, don’t wait to get help. The decisions you make now will affect you for years to come. Fighting the charges might be possible, or there might be ways to reduce the penalties you’re facing. You won’t know unless you talk to someone who understands DUI law.

Jarrett Maillet J.D., PC, has experience defending people charged with DUI in Georgia. We know how the system works and what strategies can help in different situations. Call us at 912-713-3426 for a free consultation about your case. We’ll review what happened, explain your options, and help you make informed decisions about moving forward. Your future matters, and the right legal help can make all the difference.