GEORGIA DUI LAW

Blood Alcohol Level (BAC) for Driving Under the Influence (DUI) in Georgia:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Commercial Drivers: .04% or above
• High BAC: .15% or above

Implied Consent and Chemical Test Refusal: By driving on the roads in Georgia, you have given your implied consent to submit to a chemical urine, blood, or breathalyzer test for purposes of determining your BAC. If you refuse to take this test, your driver’s license will be suspended for a minimum of one year.

Following your arrest for DUI, you should seek legal representation to help you navigate the intricacies of the Georgia court system. DUI law is not necessarily uniform among the Georgia counties, and thus, defending yourself can be procedurally difficult. It is advisable to speak with a Georgia DUI attorney.

DUI Arrest - Civil Case

Potential Penalties:

• License Suspension:
  • First DUI Conviction: Up to 1 year.
  • Second DUI Conviction: 3 years. You must also complete a treatment program or evaluation.
• Monetary Fines:
  • First DUI Conviction: Between $300-$1,000, plus statutory surcharges.
  • Second DUI Conviction: Between $600-$1,000.
• Community Service: Following your first DUI, you may be ordered to complete a minimum of 40 hours of public service. If you are convicted of a second DUI, you must complete a minimum of 30 days of community service.
• Probation:
  • First Conviction: Up to 1 year, including any time served.
  • Second Conviction: 1 year, including time served.
• Motor Vehicle Impound: Your vehicle may be confiscated after your Fourth DUI.
• Ignition Interlock
  • First DUI: No.
  • Second DUI: Yes, if the court permits.
• Prison Time:
  • First DUI: Between 10 days and 1 year.
  • Second DUI: Between 90 days and 1 year.

DUI Arrest - Criminal Charges

It is possible that criminal charges will be filed against you if you are arrested for DUI. If this is the case, you are entitled to an attorney and should consider hiring a Georgia attorney who specializes in criminal DUI cases and who can help you defend yourself.

Potential Criminal Consequences: Your first and second DUIs will be considered misdemeanors. If you are charged with a third DUI, it will be considered a “high and aggravated misdemeanor.”

Reinstating Your License After DUI Conviction: You must complete an approved DUI Alcohol or Drug Use Risk Reduction Program and pay a $210 fee before your driver’s license will be reinstated. Once you have satisfied the reinstatement requirements, you can request reinstatement of your driver’s license in person at a Department of Driver Services Customer Service Center, or by writing to the Georgia Department of Driver Services.

Effect of DUI on Car Insurance: Having a DUI on your driving record in Georgia will significantly increase your insurance premiums. To reduce your insurance premiums, it may be possible for you to take a Defensive Driving Course. Note that you must have an SR-22 Certificate of Insurance on file with the Georgia Department of Driver Services in order to have you license reinstated after it has been suspended due to DUI.

Effect of DUI on Driving Record: A DUI may cost you points off your driver’s license which can affect your driving record for years to come.

Under 21 and DUI: Under Georgia’s Zero Tolerance Law, if you are under 21 and driving a motor vehicle, your license can be suspended for 6 months if your BAC is above .02% but below .08%. However, if your BAC is over .08%, your license will be suspended for 1 year. Following your conviction, if your BAC was over .02% at the time you were driving, you must complete 20 hours of community service.

Georgia Resources

Georgia Department of Driver Services

Georgia DUI Defensive Driving Schools