DUI Laws in Georgia

Driving under the influence (DUI) is a serious offense in Georgia, carrying significant legal consequences. This article provides a comprehensive overview of Georgia's DUI laws, including the legal definitions, penalties, and procedures involved. It draws on legitimate sources such as government websites and official legal codes to ensure accuracy and reliability.

Legal Definition of DUI in Georgia

Statutory Provisions

The primary statute governing DUI offenses in Georgia is found in the Official Code of Georgia Annotated (O.C.G.A.) § 40-6-391. According to this statute, it is illegal for any person to operate a vehicle if they are:

Under the influence of alcohol to the extent that it is less safe for the person to drive.
Under the influence of any drug to the extent that it is less safe for the person to drive.
Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive.
Under the influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive.
With an alcohol concentration of 0.08 grams or more within three hours after driving or being in actual physical control of the vehicle.

For commercial drivers, the blood alcohol concentration (BAC) limit is lower, set at 0.04 grams. For drivers under the age of 21, the limit is even stricter, set at 0.02 grams.

Legal BAC Limits

General Drivers: 0.08 grams or more.
Commercial Drivers: 0.04 grams or more.
Underage Drivers (under 21): 0.02 grams or more.

Georgia's implied consent law, codified in O.C.G.A. § 40-5-55, states that any person who operates a motor vehicle in Georgia is deemed to have given consent to chemical tests of their blood, breath, urine, or other bodily substances to determine the presence of alcohol or drugs. Refusal to submit to these tests can result in an automatic suspension of the driver's license.

Penalties for DUI in Georgia

First Offense

For a first DUI offense, the penalties can include:

Fines: $300 to $1,000.
Jail Time: 10 days to 12 months. However, the minimum jail time can be waived in some cases.
Community Service: A minimum of 40 hours.
Probation: Up to 12 months.
License Suspension: 12 months, with the possibility of a limited permit after 120 days.
DUI School: Completion of a DUI Alcohol or Drug Use Risk Reduction Program.

Second Offense

A second DUI offense within a 10-year period carries harsher penalties:

Fines: $600 to $1,000.
Jail Time: 90 days to 12 months.
Community Service: A minimum of 30 days.
Probation: Up to 12 months.
License Suspension: 3 years, with the possibility of a limited permit after 18 months.
DUI School: Completion of a DUI Alcohol or Drug Use Risk Reduction Program.
Clinical Evaluation: Required to determine if there is a need for further treatment.

Third Offense

A third DUI offense within a 10-year period is considered a high and aggravated misdemeanor:

Fines: $1,000 to $5,000.
Jail Time: 120 days to 12 months.
Community Service: A minimum of 30 days.
Probation: Up to 12 months.
License Suspension: 5 years, with the possibility of a limited permit after 2 years.
DUI School: Completion of a DUI Alcohol or Drug Use Risk Reduction Program.
Clinical Evaluation: Required to determine if there is a need for further treatment.
Publication: The offender's name, photo, and address may be published in the local newspaper.

Fourth and Subsequent Offenses

A fourth or subsequent DUI offense within a 10-year period is classified as a felony:

Fines: $1,000 to $5,000.
Jail Time: 1 to 5 years.
Community Service: A minimum of 60 days.
Probation: Up to 5 years.
License Suspension: Indefinite, with the possibility of reinstatement after 5 years.
DUI School: Completion of a DUI Alcohol or Drug Use Risk Reduction Program.
Clinical Evaluation: Required to determine if there is a need for further treatment.

Administrative License Suspension

Immediate Consequences

Upon arrest for a DUI, the arresting officer will confiscate the driver's license and issue a temporary driving permit, which is valid for 30 days. The driver has 30 days to request an administrative license suspension (ALS) hearing to contest the suspension.

ALS Hearing

The ALS hearing is a civil proceeding separate from the criminal DUI case. During the hearing, the driver can present evidence and argue against the suspension. If the driver fails to request a hearing within 30 days, the suspension becomes automatic.

License Reinstatement

To reinstate a suspended license, the driver must:

Complete the required DUI Alcohol or Drug Use Risk Reduction Program.
Pay a reinstatement fee.
Provide proof of completion of any required treatment or counseling.

DUI Court

Purpose

DUI Court is a specialized court designed to handle cases involving repeat DUI offenders. The goal is to provide intensive supervision and treatment to reduce recidivism and improve public safety.

Eligibility

Eligibility for DUI Court typically includes:

Multiple DUI convictions.
A willingness to participate in treatment and comply with court requirements.
No history of violent offenses.

Program Components

The DUI Court program includes:

Regular court appearances.
Intensive probation supervision.
Mandatory treatment and counseling.
Random drug and alcohol testing.
Community service.

Benefits

Successful completion of the DUI Court program can result in reduced penalties, including shorter jail sentences and reduced fines. Participants may also be eligible for early termination of probation.

DUI and Underage Drivers

Zero Tolerance Law

Georgia has a zero-tolerance policy for drivers under the age of 21. A BAC of 0.02 grams or more is sufficient for a DUI charge.

Penalties for Underage DUI

Penalties for underage DUI include:

First Offense: Fines up to $1,000, jail time up to 12 months, community service, and license suspension for 6 months.
Second Offense: Harsher penalties, including longer license suspension and mandatory treatment.

DUI and Commercial Drivers

Lower BAC Limit

Commercial drivers are held to a stricter BAC limit of 0.04 grams. A DUI conviction can result in the disqualification of the commercial driver's license (CDL) for at least one year.

Penalties

Penalties for commercial drivers include:

First Offense: Disqualification of CDL for one year, fines, and possible jail time.
Second Offense: Lifetime disqualification of CDL.

DUI and Drugs

Drugged Driving

Driving under the influence of drugs, including prescription medications, is treated similarly to alcohol-related DUIs. The penalties are the same, and the presence of drugs can be determined through chemical testing.

Prescription Medications

Even legally prescribed medications can result in a DUI charge if they impair the driver's ability to operate a vehicle safely. It is important for drivers to understand the potential side effects of their medications.

Field Sobriety Tests

Standardized Tests

Officers use standardized field sobriety tests (SFSTs) to assess a driver's impairment. These tests include:

Horizontal Gaze Nystagmus (HGN): Observing the eyes for involuntary jerking.
Walk-and-Turn (WAT): Walking in a straight line and turning.
One-Leg Stand (OLS): Balancing on one leg.

Non-Standardized Tests

Officers may also use non-standardized tests, such as:

Finger-to-Nose Test: Touching the nose with the index finger.
Alphabet Test: Reciting the alphabet.

Reliability

While SFSTs are widely used, their reliability can be affected by various factors, including the officer's training and the driver's physical condition.

Chemical Testing

Breath Tests

Breath tests measure the BAC using a breathalyzer device. The results are used as evidence in DUI cases.

Blood Tests

Blood tests provide a more accurate measurement of BAC and the presence of drugs. They are typically used when breath tests are not feasible.

Urine Tests

Urine tests can detect the presence of drugs but are less commonly used due to their lower accuracy.

Legal Defenses

Challenging the Stop

One common defense is to challenge the legality of the traffic stop. If the stop was not based on reasonable suspicion, any evidence obtained may be inadmissible.

Challenging the Tests

Defendants can challenge the accuracy and administration of field sobriety and chemical tests. Factors such as improper calibration of breathalyzers or medical conditions affecting test results can be used in the defense.

Procedural Errors

Procedural errors, such as failure to read Miranda rights or improper handling of evidence, can also be grounds for dismissal of charges.

Resources

Georgia Governor's Office of Highway Safety

The Georgia Governor's Office of Highway Safety provides information on impaired driving laws and safety initiatives. Visit their website.

Georgia Department of Driver Services

The Georgia Department of Driver Services offers resources on DUI offenses and license reinstatement. Visit their website.

Official Code of Georgia Annotated

The Official Code of Georgia Annotated (O.C.G.A.) provides the full text of Georgia's DUI laws. Access the code.

Conclusion

Understanding Georgia's DUI laws is crucial for all drivers. The penalties for DUI offenses are severe and can have long-lasting consequences. By staying informed and making responsible choices, drivers can help ensure their safety and the safety of others on the road. For more information, consult the official resources provided and consider seeking legal advice if facing a DUI charge.