Some of the most common questions we get from Georgia Real Estate Agents are:
What effect will my DUI arrest have on my Georgia Real Estate Broker’s License?
Can I complete my Georgia Real Estate Broker’s license renewal with a pending DUI?
The Georgia Real Estate Commission and DUI
The issuance and renewal of broker’s licenses are the responsibility of the Georgia Real Estate Commission. The Real Estate Commission’s job is to ensure that brokers, professionals who command a position of trust, are not a danger to violate that position of trust.
The law relating to issuance and renewal of broker’s licenses is found in OCGA 43-40-15. It says: “Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission.” OCGA 43-40-15(a).
Under that law, no person who has a “conviction” will be granted a broker’s license. Importantly, the term “conviction” is defined: “Conviction” means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude.” OCGA 43-40-15(b)(1)(A).
Is a DUI a “crime involving moral turpitude”?
No. Thankfully, a DUI conviction for alcohol is not a crime involving moral turpitude. And, a DUI conviction does not fall into any of the forbidden categories.
In short, a DUI conviction (unless it is a felony DUI) should not have any affect on your real estate license application or your renewal.
Note, however, that there are, however, complicated exceptions (e.g., if you have ever been previously convicted of a felony, a sex offense, or even had a probation violation this could affect your license).
If you are charged with a DUI and are in need of a lawyer, call us at (770) 600-1241.
