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Georgia DUI Laws


Georgia DUI Laws state that there are two ways in which you can be arrested for driving under influence.

The first way is the traditional one where your driving ability is impaired because you are intoxicated with alcohol or drugs.

The second way is the per se law set by the state of Georgia where, regardless if you drive like a sober person, as long as the blood alcohol content in your system reaches 0.08% or more you will still be arrested.

For minors and commercial vehicle drivers a stricter law is implemented. For example, for minors under 21, a BAC of 0.02% or more will trigger a DUI. For commercial vehicle drivers, a BAC of 0.04% or more is considered DUI.

Apart from those mentioned above, the state of Georgia imposes the “Open Container Law.” This particular law prohibits any alcoholic beverage container with any amount of alcohol in it from being inside a moving vehicle. Violating this law has a corresponding punishment.

Like any other state in the US, Georgia includes the “Implied Consent Law”. This law states that if you are driving in the streets of the state you will be subject to take a BAC test if an officer intercepts you for DUI suspicion. Refusal to take the BAC test will result to the automatic suspension of your driver’s license for a year.

If you are arrested for DUI, you will be tried in two cases. The first case will be filed in the criminal courts where fines and penalties will be imposed depending on the frequency of the DUI offense you have committed. The second case is that of the Georgia Department of Public Safety administrative hearing. During this time, you have to hire a DUI defense lawyer to help you with your hearing request. This request must be made within 10 days after your DUI arrest. Failing to submit a hearing request will result in the revocation of your driver’s license for up to 5 years depending on the circumstances of your arrest.

If you are proven guilty of DUI, the courts and the administrative hearing will impose the appropriate penalties, fines, and license suspensions depending on the frequency of your conviction. These punishments are as shown:

1. First DUI conviction – jail time of 10 days to 1 year, fines from $300 to $1,000, community service for a minimum of 40 hours, and license suspension of up to 1 year;
2. Second DUI conviction – jail time of 90 days to 1 year, fines from $600 to $1,000, community service for a minimum of 30 days, and license suspension of 3 years;
3. Third DUI conviction – jail time of 120 days to 1 year, fines from $1,000 to $5,000, community service for a minimum of 30 days, and license suspension of 5 years; and
4. Fourth DUI conviction – jail time of 1 to 5 years, fines from $1,000 to $5,000, and community service for a minimum of 60 days. This offense will now be considered a felony and you will be considered a habitual violator.

For the second to fourth DUI convictions, you will also undergo a complete treatment program or evaluation, one that is recognized by the state.

If you have violated any of the Georgia DUI laws, you should consult a lawyer who specializes in DUI cases to help you go through the whole process.