The DUI laws of the state of Georgia
prohibit the following:
- Drivers under the age of 21
operating a motor vehicle with blood
alcohol content (“BAC”) of 0.02
or higher;
- Drivers of any age operating
a motor vehicle with BAC of 0.08 or
higher; and
- Drivers operating a
commercial vehicle with BAC of 0.04 or
higher.
In addition, Georgia has open
containers laws that prohibit the presence of any
open containers with alcohol from being present
in a moving vehicle. The fine for violating
the open containers law is $200.
Penalties for a DUI conviction in
Georgia include, but are not limited to, the
following:
First DUI Conviction
- For a first DUI conviction
in Georgia, offenders will face jail time
ranging from 10 days to 1 year. In
addition, first-time offenders will face
fines ranging from $300 to $1,000 and
$210 for license reinstatement since
first-time offenders’ license will
be suspended for up to one year.
First-time DUI offenders in Georgia will
also be required to complete minimum of
40 hours of community service.
Second DUI Conviction
- For a second DUI conviction
in Georgia, offenders will face jail time
ranging from 90 days to 1 year. In
addition, second-time offenders will face
fines ranging from $600 to $1,000 and
$210 for license reinstatement since
second-time offenders’ license will
be suspended for up to three year.
Second-time DUI offenders in Georgia will
also be required to complete minimum of
30 days of community service. The
court could allow reinstatement of
license after installation of Ignition Interlock Device. Second-time
offenders will also be required to
complete an alcohol treatment program.
Third DUI Conviction
- For a third DUI conviction
in Georgia, offenders will face jail time
ranging from 120 days to 1 year. In
addition, third-time offenders will face
fines ranging from $1,000 to $5,000 and
$210 for license reinstatement since
third-time offenders’ license will
be suspended for up to five year.
Third-time DUI offenders in Georgia will
also be required to complete minimum of
30 days of community service.
Third-time offenders will also be
required to complete an alcohol treatment
program.
Fourth DUI Conviction
- For a fourth DUI conviction
in Georgia, offenders will face jail time
ranging from 1 year to 5 years. In
addition, fourth-time offenders will face
fines ranging from $1,000 to $5,000 and
permanent license suspension.
Fourth-time DUI offenders in Georgia will
also be required to complete minimum of
60 days of community service.
Georgia DUI Laws
Summary
In Georgia, any individual with a
blood alcohol level of .08% or higher is
considered to be DUI. In some instances,
individuals may be arrested if they appear to be
under the influence of either alcohol or drugs
even if their blood alcohol content is less than
that required to demonstrate a DUI offense. First
time offenders, within a five year period, will
face a fine ranging from $300.00 to $1,000.00
plus surcharges. In addition, offenders may be
incarcerated for a period of not less than 10
days and no more than 12 months, with all but 24
hours being potentially suspended, stayed or
probated at the court’s discretion. If the
offender enters a plea of guilty, or is convicted
of DUI, he/she may be placed on probation for up
to 12 months.
Georgia law requires that a minimum
of 40 hours of community service be performed
with the exception of anyone under the age of 21,
who must perform at least 20 hours of public
service. In addition, after a first offense, the
individual must request a hearing within 10
business days following his/her arrest or face
having their driver’s license suspended for
a period of one year. If the offender completes
an alcohol and/or drug course, he/she may be able
to have their license reinstated after 120 days.
During the first six months of
suspension, some individuals may be eligible to
receive a limited driving permit. This will
entitle them to drive to and from work, school,
medical appointments and court ordered treatment
programs. A limited driving permit is valid for
30 days. Youthful offenders, on the other hand,
are defined as anyone under the age of 21 who
possesses a blood alcohol content of .02% or
higher In this scenario, the underage offender
will face a license suspension for six to 12
months with no possibility of obtaining a limited
permit.
If drugs are found to be a part of
any DUI conviction, the offender will lose
his/her license for a period of one year with no
possible reinstatement for six months and no
limited driving permit. If a suspect should
refuse to submit to a blood alcohol content test,
their license ill be automatically suspended for
one year.
Following a guilty verdict or an
admission of the same, the majority of insurance
carriers will increase their rates dramatically
or, in some cases, may even drop the
offender’s coverage altogether. In this
scenario, the driver is labeled as “high
risk” and may find it difficult to find
another insurance company who is willing to
accept them on a policy. In the event that
another insurance company is found, their rates
will likely be very high for the amount of
coverage offered solely because of the DUI on the
offender’s driving record.
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