According to the National Highway Traffic Safety Administration (NHTSA) someone is injured in a DUI crash every 90 seconds. In 2019 drunk driving deaths represented 28% of all traffic fatalities nationally (24% in Georgia).
Georgia’s driving under the influence (DUI) Laws are some of the strictest in the nation (according to a 2019 Utah study which ranked each state’s consequences on a scale of 1 to 100). Georgia ranked third with a score of 69.3 (behind only Minnesota and Utah).
Alcohol and drugs impair thinking and reasoning and coordination – abilities essential to the safe operation of a vehicle. Georgia’s DUI-Multiple Substances Law states you may be charged with DUI if you are under the influence of any combination of alcohol, drugs (legal or not) to the extent that it is “less safe” for you to drive.
Blood Alcohol Levels
Are measured by the weight of the alcohol in a volume of blood. In Georgia, it is illegal for drivers to operate a motor vehicle if they have blood alcohol concentration (BAC) percentages as follows:
• 0.08% or higher for adults 21 years old or older operating a passenger vehicle.
• 0.04% or higher for adults operating a commercial vehicle.
• 0.02% or higher for drivers under 21 years old.
BAC can be measured by breath, blood, or urine tests – not by the number of drinks consumed. The Georgia Implied Consent Law requires drivers to submit to state-administered tests to determine if they are under the influence. However, you have rights, and if you’re pulled over by police, do NOT submit to field sobriety testing or breath or blood tests. Insist on contacting the Georgia DUI attorneys at J.L. Weaver Law Firm: 706-253-1001. See our Tips on Talking to Police.
DUI Penalties in Georgia
When charged with a DUI, there is a possibility of an administrative license suspension of his/her Georgia driver’s license. This can affect your ability to drive even before your DUI criminal case is resolved. After a DUI arrest, you have 30 days to file an appeal and request an Administrative License Hearing (ALS), or install an ignition interlock device on your vehicle. If not completed, your license will be suspended for a year. However, these consequences are separate from your DUI criminal case.
A driver convicted of impaired driving in Georgia can serve jail time, pay fines, lose their license, be ordered to do community service among other penalties. A DUI conviction in Georgia can bring the following penalties:
First Offense –
- Jail time – up to one year
- Fines – $300 to $1,000
- Suspended License – up to one year
- Community Service – min. mandatory 40 hours
- $210 license reinstatement fee
Second Offense (within 5 years) –
- Min. mandatory 48 hours up to one year in Jail
- Fines – up to $1,000
- Suspended License – up to three years
- Community Service – min. mandatory 30 days
- $210 set license reinstatement fee
- Mandatory clinical evaluation
- You may be ordered to complete a substance abuse program (at your expense)
Third Offense (within 5 years of 2nd offense) –
- Min. mandatory 15 days in Jail
- $1,000 to $5,000 in Fines
- Revocation of License – five years
- Community Service – min. mandatory 30 days
- Your name, photo, address published in local newspaper at your expense
- You will be declared a habitual violator and your license plate will be seized
- Mandatory clinical evaluation
- You may be ordered to complete a substance abuse program (at your expense)
Also, in Georgia, an ignition interlock device will be attached to your vehicle for second and subsequent offenses within five (5) years, unless exempted by the court.
DUI Impact Beyond the Law
Being convicted of a DUI in Georgia will impact your life longer than the court ordered penalties. If convicted of a DUI, you may find your reputation and employment damaged. You may also find it difficult to obtain state-issued professional licenses, housing or credit. Furthermore, you may lose auto insurance coverage or be faced with premiums much higher than other drivers.
The consequences of a DUI conviction are complex and long-lasting. For example, a DUI conviction in Georgia is never expunged and can stay on your record forever – so it’s critical you hire a Georgia DUI Lawyer. An aggressive Georgia attorney with experience in Georgia DUIs is critical to receive the best possible outcome.
J.L. Weaver Law Firm in Jasper, Georgia has helped Georgia drivers charged with DUI avoid worst-case penalties. If you’ve been charged with DUI in Pickens, Cherokee, Dawson, Gilmer or Fannin county of North Georgia, contact our experienced Georgia DUI lawyers at 706-253-1001.