Georgia DUI Laws & Penalties
A Georgia DUI charge consists of two different types of crimes:
DUI by being “Less Safe” (an impaired driver) by alcohol, or drugs. Or . . .
DUI by a test result showing an unlawful blood alcohol level (or Blood Alcohol Concentration, BAC), now 0.08% in the state of Georgia.
The “less safe” provision of Georgia Driving under the Influence statutes says that the State must prove alcohol and/or other intoxicants caused the driver to be ‘less safe’. Being at or over the the legal limit of 0.08% raises the presumption of intoxication.
Georgia First Offense DUI Penalties
• $300 – $1,000 fine
• 10 days to 12 months in jail (with at least 24 hours actually being served)
• 12 months probation
• At least 40 hours community service
• Drivers license suspension for 12 months upon conviction (early re-instatement possible for a work permit at the 120 day mark, if you complete an approved Georgia DUI school and pay the two hundred dollar fee)
Georgia Second Offense DUI Penalties
• 90 days to 12 months in jail
(with at least 72 hours being served)
• $600 – $1,000 fine
• 240 hours community service
• DUI School
• Mandatory Alcohol Evaluation and Treatment
• Driver license suspension for 3 years; no permit for 12 months; 6 month permit follows
• 12 months probation (must report)
• You will get your picture published in the local newspaper (photograph must be published in newspaper)
• Ignition interlock system mandatory on all cars you own or operate for 6 more months after 12 months with no permit; may obtain limited driving permit for 6 months
Georgia Third or Subsequent Offense DUI Penalties
• 120 days to 12 months in jail
(with at least 72 hours being served)
• 30 days community service
• $1,000 – $5,000 fine
• Driver license suspension for 5 years
• You will get your picture published in the local newspaper (photograph must be published in newspaper)
DUI Conviction when under 21 years of age
Blood alcohol level of 0.02 grams is standard for DUI in an offender who is under 21.
• Imprisonment not less than 10 days nor more than 12 months;
• Judge may suspend all but 24 hours of imprisonment
• Probation, 12 months less any time served in jail
• Fine not less than $300 nor more than $1,000
• Not less than 40 hours community service
• Attend and complete Drug and Alcohol Risk Reduction School; (DUI school)
• Revocation of drivers license, after 6 months following the effective date of the revocation and subject to the examination requirements for obtaining a drivers license the individual my apply for their drivers license. If the blood alcohol level was 0.08 or more the revocation is for 12 months. A second or subsequent DUI the revocation is for 12 months. Must have completed the Drug and Alcohol Risk Reduction School, and pay a reinstatement fee of $210 if reinstatement is applied for in person or $200.00 by mail.
DUI conviction when operating a commercial vehicle – CDL
• Blood Alcohol Level of 0.04 is standard for DUI involing a comerical driver
• Imprisonment not less than 10 days nor more than 12 months
• Judge may suspend all but 24 hours of imprisonment
• Probation, 12 months less any time served in jail
• Fine not less than $300 nor more than $1,000
• Not less than 40 hours community service
• Attend and complete Drug and Alcohol Risk Reduction School; (DUI school)
• 12 month suspension of drivers licenses, however after 30 days following the effective date of the suspension individual my apply for a reinstatement. Must have completed the Drug and Alcohol Risk Reduction School, and pay a reinstatement fee of $210 if reinstatement is applied for in person or $200.00 by mail. Second conviction within 5 years the offenders name is published in the county newspaper, and along with the sanctions listed for a second time offender within 5 years the offender must pay to the Clerk of the Court $25.00, for the fee to have his/her name published.
Georgia BAC Presumptions
• BAC levels of .001% to .05%: Not considered to be under the influence
• BAC levels of .051% to .079%: Not considered under the influence, but is admissible as evidence in court
• BAC levels of .08% or greater: Presumed to be under the influence
Georgia Implied Consent Laws
• Chemical testing is allowed. Blood, breath, urine or other bodily substance testing as selected by the arresting officer
• Officer is required to advise defendant of the penalties for test refusal; license suspension periods; defendants right to have independent testing done and that test refusal is admissible in court
• Tests resulting in a BAC level of .08% or greater carry a minimum 1 year license suspension
• Test refusal results in a minimum 1 year license suspension and is admissible in a criminal cases
Chemical Testing
• All blood, breath or urine testing must be performed by a person with a valid permit that is in accordance with the Division of Forensic Sciences of the Georgia Bureau of Investigation
• Blood test: Blood draws for police testing purposes must be administered by a licensed physician, registered nurse or other qualified person
• The defendant has the right to have an independent chemical test done by a qualified person of their choice. All independent testing is done at the defendant’s expense
• Test results must be made available to defendant and defendant’s Georgia DUI attorney upon request
Plea Bargaining
• There are no statutory provisions regarding plea bargaining
What Happens if You Refuse A Chemical Test in Georgia ?
If you refuse to submit to a chemical test in the state of Georgia your GA drivers license will be suspended for a period of 12 months pursuant to Georgia Administrative License Suspension vehicle code 40-5-67.1 G for a 1st offense.
In either instance, whether you are found to have an unlawful blood alcohol concentration (BAC) or you refuse to submit to a chemical test your GA drivers license will be suspended as indicated above. In this instance you only have 10 business days from the day of the arrest to request a DMV Hearing to prevent the administrative license suspension (ALS) from occurring.
No matter if you are a first time offender or a repeat offender, a Georgia Driving Under the Influence conviction will carry serious consequences for your insurance premiums. You will either be dropped by your insurance provider, or you will find that your premium cost skyrockets. This can even affect your family members that are on your insurance policy.