If you’re facing allegations of driving under the influence (DUI) in Georgia, you could face steep penalties. It is important to understand the Georgia drunk driving laws and penalties and how they may affect your situation.
Drunk Driving in Georgia
Georgia considers a blood alcohol concentration (BAC) of 0.08 or higher as impaired driving. The Georgia Governor’s Office of Highway Safety releases traffic safety facts on impaired driving.
In 2023, there were a total of 1,491 fatal crashes in Georgia. This was a 15% decrease in fatal crashes since 2022. Of the crashes, 1,615 fatalities occurred, 26% involved an impaired driver, and 4% of impaired drivers had a previous DUI conviction.
If you are arrested for a suspected DUI in the city, your case is heard in the local municipal court. From a criminal defense perspective, if the arrest occurs in an unincorporated county, the case is heard in probate court. Serious cases may be heard in the superior court, and some counties have specialized DUI courts.
Laws Regulating Drunk Driving in Georgia
Drunk driving does not just involve alcohol. You can get a DUI charge if you are driving with a BAC over the legal limit or if you are impaired by illegal drugs or prescription medications. Any impairment can lead to charges and possible penalties.
All DUI convictions trigger a mandatory DUI Drug or Alcohol Risk Reduction Program and a clinical evaluation that must be completed and submitted to the court. If these programs indicate the need for treatment, the offender must also show proof of treatment completion.
Georgia also takes underage impaired driving very seriously. The legal limit for someone under the age of 21 is only 0.02. A DUI conviction for someone under 21 can result in the delay of obtaining their graduated license by up to 12 months.
Drunk Driving Penalties in Georgia
A DUI conviction can result in a multitude of penalties in Georgia. In addition to the social stigma of a DUI conviction, legal and administrative penalties may apply based on whether it is a first or subsequent offense.
First DUI Offense
A first-time DUI conviction can potentially result in the following penalties:
- Up to one year in jail
- Fines between $300 and $1,000
- License suspension up to one year, but a minimum of 120 days.
- 40 hours of community service
- $210 license reinstatement fee
Second DUI Offense
If an individual commits a second DUI offense within five years of the first, the following penalties may apply:
- Mandatory 48 hours in jail
- Jail sentence between 90 days and one year
- Fines between $600 and $1,000
- License suspension up to three years
- 30 days of community service
- $210 license reinstatement fee
- Mandatory clinical evaluation
- Possible substance abuse or treatment program completion
- Required ignition interlock device on all vehicles for six months
- Possible license plate seizure
Third DUI Offense
A third offense within five years of a second conviction may result in these penalties:
- Mandatory 15 days in jail
- Fines between $1,000 and $5,000
- License revocation for five years
- 30 days of community service.
- Name, photo, and address of violator published in the local paper at their expense
- License plate seizure
- Mandatory clinical evaluation
- Possible substance abuse treatment program completion
- Required ignition interlock device on all vehicles for six months
Hire a Drunk Driving Accident Lawyer
DUI laws can be confusing and result in long-term negative consequences for a DUI conviction. If you are facing DUI allegations, you should hire a drunk driving accident lawyer to review your case. At Miller North & Brill, we have over 30 years of experience defending against criminal charges. You can trust us to handle your case with confidence and care.
FAQs About Drunk Driving Law
What Is a Limited Driving Permit in Georgia?
When a person’s driver’s license is suspended for a suspected DUI charge or for a first DUI conviction, they may have the option to apply for a limited driving permit. The permit has to be renewed yearly, and there is a fee associated with getting the permit.
With a limited driving permit, the holder is allowed to drive to work, school, medical appointments, pharmacies, and any mandated treatment or counseling sessions. There are limits on when the person can drive.
What Is the New DUI Law in Georgia?
There are no new DUI laws in Georgia, but there is a new bill, SB473, that could change the use of certified DUI Alcohol or Drug Use Risk Reduction Programs. The bill would also change the fee structure related to these programs.
If SB473 passes, anyone applying for a limited driving permit or seeking a reduced charge plea agreement would be required to submit proof of a completed certified DUI Alcohol or Drug Use Risk Reduction Program.
What Is an Ignition Interlock System?
An ignition interlock system is a device that can be installed in a motor vehicle that prevents the vehicle from starting if the driver has alcohol in their system. A person charged or convicted of a DUI may have to have an ignition interlock system installed in their vehicle.
The system must be installed by a certified provider. There are fees and maintenance required to keep the system working properly that are covered by the individual.
Can I Refuse a Breathalyzer Test in Georgia?
Yes, you can refuse a breathalyzer or other chemical testing in Georgia, but there are consequences for refusal. Under implied consent laws, having a Georgia driver’s license and using public roads constitutes consent to chemical testing when required.
If an officer has a reasonable suspicion that a driver is under the influence of alcohol or drugs, they have the right to require chemical testing. Refusing often leads to an automatic license suspension.
Contact Miller North & Brill
It can be overwhelming to face accusations of drunk driving without the support of an experienced drunk driving accident attorney. Our team is experienced in negotiations and litigation and is ready to review your case.
Even if this is your first DUI offense, the penalties can be severe, including jail time, large fines, and a license suspension. You don’t have to risk the stigma of a criminal record. Contact Miller North & Brill today to schedule your initial consultation.
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