The Official Code of Georgia Annotated (O.C.G.A) contains numerous laws pertaining to impaired driving (DUI or driving under the influence). Georgia DUI laws prohibit driving or being in actual physical control of a vehicle with a blood alcohol content (BAC) of .08% or greater (.04% or more if the driver is operating a commercial vehicle and .02% or more if the driver is under 21 years old) while "under the influence" of any alcohol, drug, or controlled substance, or with any amount of marijuana or illegal drugs in your blood or urine.

A driver who is less safe to drive due to alcohol or drugs is considered "under the influence." A person can also be convicted of a per se DUI with a BAC of .08% or more, regardless of actual impairment.

The DUI less safe statute covers various types of DUI. For all drivers under age 21, a Georgia zero tolerance law applies. So with even a negligible quantity of alcohol (0.02 grams percent or more) the State can prosecute a driver under age 21.

You may be surprised to learn that a driver found to be over the GA legal driving alcohol limit can be prosecuted, even with NO signs of impairment. You may be further shocked to learn that police take you to jail on a 1st DUI offense. You may be further surprised to learn that field sobriety tests are OPTIONAL, and that you do not have to agree them.

Misdemeanor 1st offense DUI penalties in Georgia include jail time, fines, and community service hours as well as loss of driving privileges. An alcohol and drug clinical evaluation is required of all motorists convicted of a DUI. Subsequent convictions carry harsher penalties.

A DUI can be charged as a felony under certain circumstances bringing with it harsher and longer lasting penalties. Since driving under the influence can result in a license revocation or suspension in all convictions, we fight for a non-DUI disposition in every case.