DUI Articles: Georgia DUI Laws
In the state of Georgia, a DUI charge could mean two different types of crimes according to current Georgia DUI Laws.
The first crime is that of being LESS SAFE as stated in the “less safe” provision of Georgia Driving under the Influence statues which states the following: The State must prove alcohol and/or other intoxicants indeed caused the driver to be 'less safe'.
The second crime is that a DUI is proven by test result to be unlawful. If your blood alcohol concentration (BAC) is found to be at or above .08% in the state of Georgia, it is presumed that you are intoxicated.
Georgia DUI Laws : First Offense DUI Penalties
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10 days to 12 months in jail (with at least 24 hours actually being served)
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12 months probation
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$300 - $1,000 fine
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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)
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At least 40 hours community service via current Ga DUI Laws
Georgia DUI Laws : Second Offense DUI Penalties
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DUI School
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90 days to 12 months in jail
(with at least 72 hours being served) -
240 hours community service
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$600 - $1,000 fine
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Mandatory Alcohol Evaluation and Treatment
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Driver license suspension for 3 years; no permit for 12 months; 6 month permit follows
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12 months probation (must report)
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You will get your picture published in the local newspaper (photograph must be published in newspaper)
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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 via current Ga DUI Laws
Georgia DUI Laws : Third or Subsequent Offense DUI Penalties
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Driver license suspension for 5 years
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120 days to 12 months in jail (72 hours being served minimum)
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30 days community service
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$1,000 - $5,000 fine
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You will get your picture published in the local newspaper (photograph must be published in newspaper) via current Ga DUI Laws
Georgia DUI Laws : DUI Conviction when under 21 years of age
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Blood alcohol level of 0.02 grams is standard for DUI in an offender who is under 21
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Imprisonment not less than 10 days nor more than 12 months
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Judge may suspend all but 24 hours of imprisonment
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Probation, 12 months less any time served in jail via current Ga DUI Laws
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Fine not less than $300 nor more than $1,000
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Not less than 40 hours community service
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Attend and complete Drug and Alcohol Risk Reduction School; (DUI school) via current Ga DUI Laws
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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.
Georgia DUI Laws : DUI conviction when operating a commercial vehicle - CDL
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Probation, 12 months less any time served in jail via current Ga DUI Laws
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Blood Alcohol Level of 0.04 is standard for DUI involving a commercial driver
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Imprisonment not less than 10 days nor more than 12 months
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Judge may suspend all but 24 hours of imprisonment
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Fine not less than $300 nor more than $1,000
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Not less than 40 hours community service via current Ga DUI Laws
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Attend and complete Drug and Alcohol Risk Reduction School; (DUI school)
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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 DUI Laws : Georgia BAC Presumptions
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BAC levels of .001% to .05%: Not considered to be under the influence via current Ga DUI Laws
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BAC levels of .051% to .079%: Not considered under the influence, but is admissible as evidence in court
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BAC levels of .08% or greater: Presumed to be under the influence
Georgia DUI Laws : Georgia Implied Consent Laws
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Chemical testing is allowed. Blood, breath, urine or other bodily substance testing as selected by the arresting officer
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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
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Tests resulting in a BAC level of .08% or greater carry a minimum 1 year license suspension via current Ga DUI Laws
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Test refusal results in a minimum 1 year license suspension and is admissible in a criminal cases
Georgia DUI Laws : Chemical Testing
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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
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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
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Blood test: Blood draws for police testing purposes must be administered by a licensed physician, registered nurse or other qualified person via current Ga DUI Laws
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Test results must be made available to defendant and defendant's Georgia DUI attorney upon request
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There are no statutory provisions regarding plea bargaining via current Ga DUI Laws
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