Understanding DUI in Georgia With Out-Of-State License

Speak with a trusted Gwinnett County DUI lawyer in Georgia.

Receiving a DUI in Georgia with an out-of-state license can be a legal nightmare. Begin planning your defense strategy. Contact Philip Kim Law, P.C. today!


Author: Philip Kim, Founder, Philip Kim Law, P.C.

Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.

Published on February 21, 2023.


Georgia DUI With Out-Of-State License

If you are arrested for DUI in Georgia but you live in another state, you should take it very seriously. Your state will be notified if you are found guilty of a Georgia DUI in the Gwinnett County DUI Court.

While most states have similar laws regarding state DUI across the board (such as Blood Alcohol Concentration levels allowed), some specifics can differ by jurisdiction. For example, what constitutes “refusal” when taking field sobriety tests might vary between states. In addition to this complication during sentencing proceedings (if any apply), it is also essential to keep in mind that the state of Georgia may suspend or revoke the out-of-state driver’s driving privileges.

Gwinnett County DUI lawyer can advise you on all applicable laws and regulations associated with being convicted of a Georgia DUI if you live out of state.


Out-Of-State Drivers


Out-of-state drivers in Georgia are any drivers who are not residents. These types of drivers include tourists and visitors who drive in Georgia. Those who drive in Georgia must have a valid driver’s license and proof of insurance from their home state. If they intend to stay and drive for an extended period in Georgia, they may be required to register and provide insurance for their vehicles. Georgia requires out-of-state drivers to obey the same laws and regulations as its residents.

Georgia DUI by Out-Of-State Drivers

Out-of-state drivers subject to a Georgia DUI arrest and charges have to follow the same legal process as Georgia residents. The circumstances of the arrest and Georgia DUI charges determine the severity of the penalties.

Remember that diversion programs or a temporary limited driving permit that may be available to a Georgia resident who had their driver’s license suspended would not be available to an out-of-state driver.

Additionally, a conviction for DUI in Georgia for an out-of-state driver will be reported to their home state. Your home state may treat such a conviction as if the DUI had occurred in the home state. While a Georgia resident can file a request for expungement of the conviction under the 2nd Chance Act after completing their sentencing requirements, your home state may not have such an Act.

Suppose you are an out-of-state driver who was arrested for a DUI in Georgia. In that case, you should contact an experienced DUI attorney to ensure that your rights are protected and you are advised of all available defense options.


Out-Of-State DUI Arrests in Georgia


Out-of-state drivers arrested for DUI Drugs or alcohol in Georgia are subject to the same laws and penalties as Georgia residents. An attorney can help you navigate the DUI Process in Gwinnett County and work to minimize the possible penalties. It is essential to contact an experienced DUI attorney if you have been arrested for DUI in Georgia to protect your rights.

Penalties for an Out-Of-State DUI Charge in Georgia

In Georgia, out-of-state drivers charged with DUI can face the same serious consequences as Georgia license holders convicted of DUI. You may face fines, jail time, and a suspension or revocation of your driving privileges in the state of Georgia. The circumstances of an arrest may require you to complete an alcohol or drug evaluation or attend an educational program.

Can Georgia Suspend an Out-Of-State License?


Under Georgia law, only licenses issued by the State of Georgia can be suspended. In other words, in Georgia, a court may only suspend the driving privileges of an out-of-state driver if the driver is within the State of Georgia. However, Georgia officials will report the suspension to authorities in your home state, which will take appropriate action.

Additionally, out-of-state drivers do not qualify for limited driving permits in Georgia.

A criminal attorney well-versed in Georgia DUI Law will work to protect your license and driving privileges.

Should I Get a Georgia DUI Lawyer if I Am an Out-Of-State Driver?

It is highly recommended that out-of-state drivers who have been charged with DUI in Georgia seek the advice of an experienced DUI lawyer. Criminal lawyers in Lawrenceville can help you understand the legal process and work with you to minimize potential penalties.

A lawyer can also help you understand the consequences of a DUI conviction and help you make decisions for your future. If you’ve been charged with DUI in Georgia, contact Philip Kim Law, P.C. today to discuss your legal options.


Frequently Asked Questions


Can a Georgia DUI Be Reduced to a Lesser Charge?

A DUI charge may be reduced to a lesser misdemeanor charge, such as reckless driving, if the evidence does not support the DUI charge or there are no prior DUI convictions. It is vital to consult a Georgia DUI attorney to determine your best defense strategy.

Do I Need to Come to Georgia for Court?

Generally, if you have been charged with DUI in Georgia, you are required to appear in court.

In certain circumstances, the court may allow you to appear by telephone or video conference. Contact an experienced DUI lawyer about court representation.

What Happens if a Resident of Georgia Gets an Out-Of-State DUI?

A resident driver who gets an out-of-state DUI can face severe consequences in Georgia. The Georgia Department of Driver Services will be notified of the out-of-state DUI arrest and conviction by the arresting state. This will likely lead to the driver’s license suspension.

In addition, Georgia law may require that you complete an alcohol or drug evaluation. You could be subject to a fine, jail time, and community service. It is essential to consult with a DUI defense attorney if you are a Georgia driver charged with an out-of-state DUI to make sure your rights are protected.

Request a Free Legal Consultation

Philip Kim Law, P.C.
368 West Pike Street, Suite 203
Lawrenceville, GA 30046
(678) 203-6968
Fax: (678) 273-3501
kim map