Georgia DUI Laws carry serious penalties: even a first offense can potentially mean time in jail. Check out The Law Ladies’ complete guide to Georgia DUI Laws for everything you need to know.
For more information on Georgia DUI Laws contact The Law Ladies today.
Georgia DUI Laws
Georgia DUI laws restrict driving or being in physical control of an automobile with a blood alcohol content (BAC) of.08% or higher (.04% or more if the person is driving a commercial automobile and.02% or more if the chauffeur is under 21).
Driving is also prohibited while being “under the influence” of any alcohol, drug, a controlled substance, or any quantity of cannabis or illegal drugs in your blood or urine.
A driver who is less safe to drive due to alcohol or drugs is considered “under the influence.” An individual can likewise be found guilty of a “per se DUI” with a BAC of .08% or more, with or without actual impairment.
Georgia DUI Limit
Georgia has a legal DUI limit of 0.08 percent blood/alcohol concentration. This describes the percent of alcohol in an individual’s bloodstream. However, the BAC readings mean little to a lot of drivers. Some of them are more interested in the number of beverages it takes to reach the legal limit in Georgia, although this is not something that’s written into Georgia DUI law.
The very best advice is to avoid consuming any alcohol if you are going to drive. Don’t take the chance. You might pass a test if you are drinking and driving, but have in mind that that Breathalyzers are not always reliable and that Georgia has one of the nation’s strictest drunk driving laws.
If you have been caught driving under the influence, a criminal attorney Atlanta like the Law Ladies can help you avoid serious penalties.
What is OCGA 40-6-391?
Some people who got arrested for driving under the influence in Georgia will look into the Official Code of Georgia Annotated (OCGA) noted on their traffic ticket. The accused person sees this: OCGA 40-6-391 (plus another related info, which means what KIND OF DUI in Georgia is being charged).
OCGA 40 6 391
There are 6 (6) statutory ways the State of Georgia can charge you with a DUI offense.
DUI Offenses within OCGA 40-6-391:
- DUI Less Safe – Alcohol – driving under the influence of alcohol;
- DUI Less Safe – Drugs – driving under the influence of drugs (prescription or non-prescription);
- Driving while under the influence of glue, aerosols or toxic vapors;
- Driving while under the influence of any 2 or more of the above;
- Driving while under the influence of alcohol, with alcohol concentration 0.08 grams or more at any time within 3 hours after such driving ended (this is a per se offense).
- Driving a commercial automobile, while under the impact of alcohol, with alcohol concentration 0.04 grams or greater;
- Under-21 persons driving while under the influence of alcohol, with alcohol concentration 0.02 grams or greater;
- Driving while under there is any quantity of an illegal drug present in the individual’s blood, urine, or both, no matter whether there is any alcohol in the breath or blood (this a per se offense).
If you are charged with a DUI offense, the attorneys at The Law Ladies can help. Contact them today!
DUI in Georgia First Offense
Even if a DUI is your first offense, you might face specific problems and loss of privilege to potential business deals for several years, if not for the rest of your life. In cases where the DUI is drug-related, you can face more problems, such as losing your Georgia HOPE Scholarship due to a drug conviction.
It’s important to know that being charged with DUI is not a conviction! If found guilty of DUI for the first time, adult drivers can get a certificate of very first conviction and acquire a “work license” (temporary driver’s license) on a DUI-alcohol case the exact same day as their DUI conviction. However, a DUI-drugs offender can not drive at all for 6 months, even if they are found guilty for a DUI offense in GA for the first time.
If this is your first DUI offense ever, don’t think that DUI is not a big deal. The judge will not be lenient on you due to the fact that this is “just” your first DUI. Georgia DUI laws are amongst the strictest driving under the influence statutes in America. The judge can’t do much to help a first time DUI offender in GA.
What Does OCGA DUI Say About First Offense?
The DUI statute (OCGA 40-6-391) mandates classifications of first DUI conviction and necessary minimum DUI penalties (for each category) that can not be waived:
- Prison of 24 hr or more, if the chemical test is 0.08 grams percent or more;
- $300 to $1000 fine; however, additional charges usually double the amount;
- Finishing a 20-hour DUI defensive driving course named “Risk Reduction,” which is our state’s DUI school;
- A minimum of 40 hours of community work in a first DUI case;
- License suspension for 120 days; however some first-time culprits age 21 and over can get a limited permit right away;
- Probation of 12 months, minus any days served in prison following your DUI arrest.
On all first offense DUI cases, the driving privileges or an early reinstatement require the chauffeur to do 2 things:
- Get a medical examination from a state-approved counselor, in order to identify possible addiction;
- Pay a reinstatement fee to Georgia DDS (if the driver is 21 or older at the time of the case disposition).
But, if a person is found guilty of DUI-drug driving can not drive at all for 6 months.
Until the individual is found guilty, no criminal record for conviction of driving while intoxicated offense exists.
If you are arrested for driving while intoxicated, having a former DUI prosecutor like Ashley McMahan defending you can provide the edge your case needs. Schedule your appointment today.
What is DUI Less Safe?
People frequently believe that DUI Less safe is, in some way, a lesser offense than any other DUI. That is simply not true. “Less Safe” just describes how a case is shown. The Georgia “Less Safe” statute means that you can still be arrested for driving under the influence even if your blood alcohol concentration is less than the 0.08 threshold.
The most important aspect of a DUI case is that you are accused of either being “less safe” or incapable of driving safely. A law enforcement officer who investigates you in most cases will give you a sobriety test. If the examining police officer concludes that you are incapable of driving safely, she or he can apprehend you.
Georgia DUI Less Safe
Although many states have lesser offenses of DUI, Georgia does not. If you are charged with DUI Less Safe in Georgia, you are facing the same penalties of any DUI in Georgia.
Under laws in Georgia, the presumed incapability to drive safely can be from being under the influence of alcohol or any drug or toxic vapor. The Georgia Supreme Court has stated that driving under the influence of ANY drug to the level of impairment is sufficient to convict.
If you are facing DUI Less Safe charges in Georgia, contact The Law Ladies to help you fight for the optimal outcome.
Georgia DUI Penalties
No matter what unfavorable impact a DUI 1st offense might bring, the charges for a 2nd offense DUI are even worse. For example, a DUI 2nd offense increases to thirty days of community work or 240 hours. Also, typical penalties include a minimum of 72 hours in prison plus 90 days to 12 months of jail time. Only a few people spend just 3 days in prison.
Typical penalties for a 2nd DUI in Georgia can consist of $600 – $1000 fine and 12 – 36 months of probation (depending upon whether there are other associated offenses).
A 3rd Georgia DUI takes the obligatory prison sentence to 15 days and often much longer. An individual will undergo a minimum of 240 hours of community work and might be fined over $5,000 plus additional charges. Also, 3rd drunk driving charge in 5 years means losing the ability to drive for a minimum of 2 whole years.
If driving under the influence case was based on drug impairment, the driver’s license penalty could be higher than for DUI-alcohol driving. A six-month period of NO DRIVING is a penalty for a first offense DUI-drug conviction.
DUI Law in GA
For a DUI conviction, the driver will deal with a license suspension. For a first offense DUI there is a 12-month suspension. However, the license might be renewed after 120 days if the motorist finishes a DUI education program and pays a $200 reinstatement cost.
With a second DUI in GA within 5 years, license suspension is serious. There is a three-year suspension for 2nd offense DUI. However, the license might be renewed after 18 months if the driver finishes a necessary medical assessment, DUI education program and pays a $200 reinstatement charge.
For a 3rd DUI offense, the driver faces permanent license revocation. The driver can apply for a probationary license after 3 years.
In case of a car accident involving serious injury or death by vehicle, the license is suspended for three years, and the driver can not apply for early reinstatement or a hardship license.
Unless the motorist had a DUI accident or has a previous DUI within 5 years, she or he can request a hardship or restricted license. The license works throughout the suspension duration with an ignition interlock device (IID) and travel restrictions.
All individuals who drive in Georgia have impliedly given their consent or agreed in advance to alcohol or a drug test of their breath, blood, or urine. If an arrested driver refuses to submit to a test, he or she will undergo license suspension.
For the 1st offense in 5 years, the driver faces a 1-year suspension; but the license can be reinstated after 1 month. For the 2nd offense in 5 years, the driver faces a three-year-suspension. The motorist can reinstate after 18 months. For the 3rd DUI offense in 5 years, the driver faces a five-year suspension. But, the driver can get a probationary license after 2 years. Completion of a DUI education program is mandatory for every offense.
If you are charged with a DUI in Georgia, the attorneys at the Law Ladies can help. Schedule your appointment now!
Is a DUI a Felony in GA?
Many people arrested for DUI believe that they are charged for a felony.
The DUI statute (OCGA 40-6-391) states:
“Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor, upon a third conviction thereof, be guilty of a high and aggravated misdemeanor, and upon a fourth or subsequent conviction thereof, be guilty of a felony…”
The fourth driving while under the influence charge would be a felony DUI if it happened within ten years, based upon the dates of arrest.
Severe injury by vehicle from an automobile accident with a pedestrian, another occupied vehicle, or seriously hurting a passenger in your own car constitutes a felony DUI. It is also the case in homicide by vehicle, of a pedestrian or any other individual (whether it resulted in the death of an individual in your vehicle or another car).
Specific “operators” of vehicles are held to a greater standard of care since they are accountable for the security and wellness of others, who depend on the supervisory of an adult chauffeur. For these vehicle drivers, ANY DUI can be a felony.
For example, under DUI laws in Georgia, a school bus driver who is DUI will be dealing with DUI felony charges. Whereas if she or he were driving the exact same kids in a passenger van, any offense would be a misdemeanor, unless numerous minor kids (in Georgia, those under age 14). Georgia DUI laws make the 3rd and subsequent kid endangerment passengers a felony DUI for EACH one.
However, if you have been injured in a car accident, an Atlanta personal injury lawyer at The Law Ladies can help you recover money for medical bills and property damage. Don’t hesitate to call them.
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