Georgia DUI Laws
In Georgia, if you fail or refuse a state-administered blood, breath or urine test (for suspicion of DUI), you have 10 business days to request a hearing with the Department of Motor Vehicles in order to prevent an administrative license suspension (ALS). If you do not request the hearing or are not successful at the hearing, you will lose your license for a year (three to five years for multiple offenders). Though ALS is separate from criminal penalties, information gathered at the hearing can be very helpful in planning your defense strategy. For all of these reasons, it is crucial you act quickly and contact a DUI attorney as soon as possible.
Even if you lose your driving privilege at the ALS hearing, you can still win your criminal case. The standard of proof for an ALS hearing is that you were more likely guilty than not. In criminal court, the prosecution must prove that you are guilty of DUI beyond a reasonable doubt, which is a lot tougher. If there is any question about the integrity of the witness testimony, scientific procedures or other evidence, it will be difficult for the prosecution to convict you. If you are facing a DUI charge, a DUI attorney can work to build you a thorough and strategic defense.
If you are convicted of driving under the influence, punishment may include a jail sentence (mandatory for repeat offenders), fines, driver's license suspension and community service. If you are a repeat offender you are required to undergo a clinical evaluation (and treatment if indicated). You may have your name, photo and address published in a local newspaper (at your expense), and if this is your third offense within five years you will be declared a habitual violator and your license plate will be seized. Repeat offenders are also required to install an ignition interlock device unless there is proof of financial hardship. To ensure your rights are protected under the law, it is best to have a seasoned DUI attorney by your side.
Georgia DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Georgia BAC laws may differ from those of other states, as follows.
| Georgia BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately 10 days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense | 18 months license suspension |
| Subsequent Offenses | 18 months license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 120 days to 18 months license suspension, depending on prior convictions |
| Temporary License | Yes for 30 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | Up to 1 year license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 1-year license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | Up to 1 year (may have conditional license) |
| Prison Term and Community Service | Up to 1 year in jail; at least 40 hours community service |
| Fines, Fees, and Surcharges | Approx. $500 to $1,200 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education; possible treatment |
| Second DUI/DWI Offense (within 5 years of 1st offense) | |
| License Suspension | 3 years (may have conditional license) |
| Prison Term and Community Service | 48 hours to 90 days in jail; at least 30 days community service |
| Fines, Fees, and Surcharges | Approx. $800 to $1,200 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education; possible treatment |
| Third DUI/DWI Offense (within 10 years of 2nd offense) | |
| License Suspension | 5 years (no conditional license) |
| Prison Term and Community Service | At least 15 days in jail; at least 30 days community service |
| Fines, Fees, and Surcharges | Approx. $1,000 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol education; possible treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Georgia Governor's Office of Highway Safety