Penalties Under Georgia DUI Law

A DUI or “driving under the influence” (of alcohol and/or drugs) charge is akin to a DWI or “driving while intoxicated” charge. A person may be convicted of a DUI offense if s/he is found operating a vehicle when intoxicated or impaired by the consumption of alcohol, illegal drugs, or certain prescribed or non-prescribed medicines. A DUI charge applies to automobiles like cars, trucks, and bikes and all vehicles that may be used for work or recreational purposes.

Georgia DUI Laws

In Georgia, the state may bring two kinds of DUI charges against a driver. In the “traditional” DUI case, a driver may be convicted of a DUI offense if it is proved that his/her driving capabilities were compromised as a result of consuming alcohol. Evidence of impairment can be collision, reckless driving, disregarding the safety of others, and incoherent speech. The suspected driver may also be asked to go through a field sobriety test: walk in a perfectly straight line heel-to-toe and turn at the end to return, stand with both feet together and lean back the head, stand on one leg, or follow the light from a penlight held in front of the eyes.  In such a conviction, the driver may have a blood alcohol concentration (BAC) level that is lees than the legal permissible limit.

In the second instance, a driver may be charged of a DUI offense if his BAC level is found to be 0.08 percent or more at the time of the offense. This can be proved by a chemical sobriety test or a blood, breath, or urine test to evaluate the amount of alcohol in the body. This is known as the “per-se” DUI-alcohol offense. For drivers holding a Commercial Drivers’ License and driving a commercial vehicle, the legal permissible BAC level is 0.04 percent or more.

In Georgia, the “Zero Tolerance” rule applies to underage drivers. Legal age to drink in Georgia is 21 years and it is illegal for drivers under the age of 21 to drive with a BAC level of 0.02 percent or more.

As per Georgia DUI laws, a person may be charged for this offense if s/he is found driving with contraband substances, like marijuana, cocaine, and heroin, in his/her blood. Presently, the prosecution does not require proving impairment due to the consumption of these substances.

Georgia DUI laws encompass the Implied Consent rule. As per this rule, a driver in Georgia will agree to take a blood, breath, or urine test to determine the level of alcohol in his/her body, if requested by a police officer during the course of a DUI investigation. Refusal to undergo the test may result in suspension of driving privileges for up to a year.

The state of Georgia also adheres to the “Open Container” rule, which means it is considered illegal to carry any open container with alcoholic beverage inside in a vehicle moving along a Georgia road or a shoulder of the public highway. This rule extends to containers with broken seals and containers from which alcohol has been partially removed.

Georgia DUI law does not allow negotiating a plea bargain for an offense. A “nolo contendere” plea will not “save” a license for any DUI arrests made after July 2, 1997.

Georgia DUI Penalties

As per the Georgia DUI law, a drunken driving offense is accompanied by heavy fines and harsh penalties: serving a compulsory jail sentence, imposition of hefty fines, suspension of driving privileges, and treatment for potential alcohol and substance abuse problems.

A first Georgia DUI conviction is punishable by a jail term ranging from ten days to a year, performing a minimum of 40 hours of community service, a fine ranging between $300 and $1,000, and suspension of driver’s license for a period of one year. The convicted driver has to pay an additional $210 to get his/her driving license reinstated. Convicted drivers who are aged less than 21 years must push back acquiring their graduated driving licenses by a year.

A second Georgia DUI offense is penalized by a jail sentence for 90 days to a year, a fine ranging between $600 and $1,000, suspension of driver’s license for three years, and mandatory community service for at least 30 days. Convicted drivers less than 21 years old have to postpone obtaining their graduated driver’s licenses by a year.

The court may also order the convicted driver to undergo a medical assessment to determine if s/he has any alcohol or drug dependency problems and attend a substance abuse program. The court may also decide to place an ignition interlock device in the offender’s vehicle.  This device requires a test of your breath to determine any traces of alcohol present before starting the ignition. The installation, rental, and maintenance charges of the device will be borne by the convicted driver.

According to Georgia DUI rules, a third offense carries these penalties: a minimum of 15 days in prison, driver’s license being revoked for five years, an imposition of a fine amounting to anything between $1,000 and $5,000, performing 30 days of community service, and undergoing a compulsory alcohol and drug dependency evaluation program. The offender is declared a “Habitual Violator” and his/her name is splashed in the local newspapers.

A third time DUI conviction in Georgia may also carry these punishments, if deemed necessary by the court: attend a substance abuse treatment program and have an ignition interlock device placed in the vehicle.

As per the Georgia House Bill 336, brought forth on May 2008, a fourth DUI offense committed within ten years of the previous offense, is considered a felony. This carries these penalties: imposition of fines between $1,000 and $5,000, serving a jail term of one to five years or a minimum of 90 days if the sentence is suspended by a judge, perform at least 60 days of community service, and attending a mandatory DUI Alcohol or Drug Use Risk Reduction Program.

Georgia DUI laws have been made stricter in an effort to bring down the number of DUI offenses and make the roads safe.