Although a BAC level of .08 percent is the standard level for incurring a DUI charge, there are circumstances in which a motorist may be charged with driving while intoxicated with a BAC level of .05 percent. If authorities deem that a motorist is sufficiently impaired or is a threat to themselves or others, then the BAC level is not the main factor in a DUI conviction.
The minimum BAC level necessary to convict someone of DUI is also lower for commercial drivers. Like many other states, Georgia imposes DUI penalties on commercial drivers whose BAC levels are at or above .04 percent. Those driving while intoxicated who are under 21 years of age also incur DUI penalties at a lower BAC level of .02 percent.
Implied Consent Law
The state of Georgia has an implied consent law, which requires all motorists to submit to a chemical, blood, urine, or breath test to determine if they are under the influence of drugs and/or alcohol. Refusal to submit to a test will lead to a suspended license for 1 year.
Georgia DUI Punishments
The punishments in Georgia for driving under the influence vary on the level of alcohol consumption and a number of previous offenses. Drivers may be ordered to attend rehabilitation courses, perform community service, or may even be mandated to spend time in jail. Punishments are more severe if a motorist under the influence is carrying a minor passenger in the vehicle or if any bodily harm or death occurred because of the drunken driver.
The following are the penalties for those who are convicted of DUI in Georgia:
1st DUI Conviction
• Imprisonment from 10 days to 1 year
• Fine from $300 – $1,000
• Driver’s license suspended for up to 1 year
• Minimum 40 hours of community service required
• License reinstatement fee of $210
2nd DUI Conviction
• Imprisonment from 90 days to 1 year
• Fine from $600 – $1,000
• Driver’s license suspended 3 years
• Minimum 30 days community service required
• License reinstatement fee of $210
• May be eligible for an interlock ignition device
• Mandatory completion of treatment program or evaluation
3rd DUI Conviction
• Declared “Habitual Violator” – license plate will be seized and name, address, and photo of violator will be displayed in local newspaper
• Mandatory imprisonment 15 days
• Imprisonment from 120 days to 1 year
• Fine from $1,000 – $5,000
• Driver’s license suspended for 5 years
• Minimum 30 days community service required
• License reinstatement fee of $210
• An interlock ignition device may be ordered
• Mandatory clinical evaluation
• Mandatory completion of treatment program or evaluation
4th DUI Conviction
• Considered Felony (if DUI is within 10 years of previous)
• Imprisonment from 1 – 5 years
• Fine from $1,000 – $5,000
• Driver’s license suspended for 5 years
• Minimum 60 days community service required
• License reinstatement fee of $210
• Mandatory completion of “DUI Alcohol or Drug Use Risk Reduction Program”
Minors Caught Drinking and Driving in Georgia
In Georgia, minors (those under the age of 21) who were convicted of driving with a BAC of .02 percent or higher will not be sent to prison but will have their license revoked from 6 months to 1 year. The minor driver will also need to complete 20 hours of community service.
Minors under 21 years of age who are convicted of DUI, even on first offense, will be delayed in obtaining their graduated driver’s license for 1 year.
Georgia’s “Open Container” Law
In addition to DUI laws, Georgia also has an “Open Container Law.” This law prohibits an open alcoholic beverage container from being inside of a moving vehicle, regardless of the amount contained. The law applies to broken seals or containers that have only part of their alcohol contents remaining. Those parked on the roadway or shoulder of any public highway are subject to the penalties of this law. Motorists convicted of the Open Container Law will be fined $200.
Seek the Help of a Georgia DUI Lawyer
Motorists in Georgia convicted of DUI must file an administrative appeal with the Department of Driver Services within 10 business days of their arrest in order to challenge the suspension of their driver’s license or will automatically lose their driving privileges for a year. If you have been charged with DUI in the state, contact a Georgia DUI attorney right away for help.
DUI lawyers in Georgia will help you fight your case and will ensure the best possible resolution for it. Your paralegal will enter a plea bargain for you, appeal any court decisions, and work diligently to ensure that your charges are either significantly reduced or wiped away altogether.
In Georgia, a DUI conviction stays on your record forever, hindering your chances at employment or financial endeavors. Contact an acclaimed DUI attorney in Georgia right away to contest your charges.
