Driving under the influence (DUI) in Georgia is treated as a serious crime with strict penalties and long-lasting consequences. Anyone accused of DUI should have a clear understanding of Georgia DUI laws to protect their rights and prepare a strong defense.
Legal Standards in Georgia
Georgia law prohibits driving or being in actual physical control of a vehicle while:
- Under the influence of alcohol or drugs to the extent that it is less safe to drive
- Having a blood alcohol concentration (BAC) of 0.08% or more for adult drivers
- Having a BAC of 0.04% or higher for commercial drivers
- Having a BAC of 0.02% or higher for drivers under 21
Importantly, Georgia recognizes a “DUI less safe” category. Even if a driver’s BAC is below the legal limit, they may still be convicted if an officer believes alcohol or drugs impaired their ability to drive safely.
First DUI Offense
A first DUI within ten years can bring:
- Jail time from 24 hours up to 12 months
- Fines between $300 and $1,000
- At least 40 hours of community service
- Mandatory DUI Risk Reduction School
- A license suspension of up to 12 months, with possible reinstatement after 120 days if conditions are met
Second DUI Offense
A second offense within five years is more severe and includes:
- A minimum of 72 hours in jail, with potential for much longer sentences
- Fines from $600 to $1,000
- At least 30 days of community service
- License suspension of 18 months
- Completion of a clinical evaluation and possible treatment
- An ignition interlock device required for license reinstatement
Third DUI Offense
A third DUI conviction within five years results in:
- At least 15 days in jail
- Fines between $1,000 and $5,000
- A license revocation of 5 years
- At least 30 days of community service
- Vehicle plate seizure and publication of the offender’s information as a habitual violator
- Mandatory treatment and supervision
Fourth DUI Offense
A fourth DUI within ten years is classified as a felony and carries:
- One to five years in prison
- Fines of up to $5,000
- Long-term or permanent license revocation
- Increased penalties for reinstatement, including ignition interlock requirements
- Implied Consent Law
Georgia operates under an implied consent law. By driving in the state, all drivers automatically agree to submit to a chemical test if lawfully requested. Refusal to take a breath, blood, or urine test results in an automatic license suspension for one year, regardless of whether a DUI conviction occurs.
Additional Considerations
- Underage drivers face stricter limits, with a BAC of 0.02% or higher resulting in penalties.
- School bus drivers and commercial drivers are held to higher standards.
- Habitual violators may lose driving privileges for extended periods.
- Open container violations can add fines even without a DUI charge.
Long-Term Consequences
A DUI conviction does not end with fines and jail time. Individuals may also experience:
- Increased auto insurance premiums
- Difficulty finding employment or housing
- Restrictions on professional licensing
- A criminal record that follows them for many years
Building a Defense
Because the penalties are so serious, defending against a DUI charge requires immediate action. Potential defenses may include challenging the legality of the traffic stop, questioning the accuracy of testing equipment, or highlighting violations of constitutional rights. An experienced attorney can explore all options, from negotiating reduced charges to preparing for trial.
