Post-Conviction Options After a DUI in Georgia

A DUI conviction in Georgia is not always the end of the road.

Depending on what happened in your case, you may still have options to challenge the result or manage its impact.

It is important, however, to understand what Georgia law actually allows.

First, an Honest Word About Expungement

You may have read online that a DUI conviction can be expunged or sealed.

That is not the case in Georgia.

Georgia does not allow a DUI conviction to be expunged or record-restricted. A DUI conviction stays on your record.

Be cautious of anyone promising that they can simply erase a Georgia DUI conviction.

There are, however, legitimate post-conviction options that may be available.

Motion for a New Trial

If serious errors affected your trial, your attorney may be able to file a motion for a new trial.

This asks the court to set aside the verdict because something went wrong.

Possible reasons can include:

• A legal error by the court
• Newly discovered evidence
• Other serious problems affecting the trial

Strict deadlines apply, so this option needs to be considered quickly after a conviction.

Direct Appeal

An appeal asks a higher court to review your case for legal errors.

Examples can include:

• An unlawful traffic stop
• Evidence that should not have been admitted
• An incorrect ruling on a motion to suppress

An appeal is not a second trial.

The higher court reviews whether the law was applied correctly. Appeals also have strict deadlines.

Habeas Corpus

In some situations, a habeas corpus petition can be used to challenge a conviction after the normal appeal period.

Possible grounds can include:

• Ineffective assistance of counsel
• Violations of constitutional rights

Habeas corpus is a separate legal process with its own rules and requirements.

Managing the Consequences You Can Manage

Even when a DUI conviction remains in place, there may still be important steps you can take.

These can include:

• Reinstating your driver's license when eligible
• Completing required programs
• Meeting ignition interlock requirements
• Handling insurance requirements

If you are dealing with a DUI conviction in Marietta or Cobb County, we can help determine which options may apply to your situation.