Georgia DUI charges carry some very serious penalties. Even first time DUI offenders can expect to face jail time, fines and license suspensions if the State of Georgia is successful in their prosecution. In this post I will explain some the various Georgia DUI laws and penalties.

Types of Georgia DUI Charges

There are two types of DUI charges in Georgia. The first is called a less safe DUI violation and is related to the manner of impaired driving. The second is called a per se violation and is related to the blood alcohol level of the driver.

Georgia Less Safe DUI Charges

In Georgia, a Less Safe DUI Charge relates to the driver’s alleged inability to safely operate a vehicle due to intoxication. This type of case hinges on proving that the driver was under the influence of alcohol, drugs, chemicals or prescription drugs to the extent that he/she was less safe to drive than the driver would have been had they not consumed the substance. In this type of case, the State of Georgia will normally present the arresting officer’s observations as to whether the observed driving was erratic, how the driver performed on the Standardized Field Sobriety Tests (roadside DUI tests) and any physical symptoms that may prove that the driver was unfit to drive. These cases will normally not include any type of chemical test results as to a specific blood alcohol level. Therefore, the Prosecutor will ask the officer if they have an opinion as to whether or not the driver they arrested was in fact a “less safe” driver. The officer will rely upon what the driver did and said as well as how the driver looked and moved. As these cases included abstract, undefined terms, an attorney trained in standardized field sobriety as well as the police officer course on DUI Detection and Deterrence can greatly assist you in defending this type of case. Attorney Douglas B. Chanco has received training from the National Highway Traffic Safety Association in reference to DUI Detection and Deterrence and is also certified as an instructor for Standardized Field Sobriety Testing Administration.

Georgia Per Se DUI Charge

In a Georgia Per Se DUI Charge the violation is in relation to having a blood alcohol level exceeding the legal limit of. In this type of case, the State of Georgia will rely heavily on the results of the chemical tests of the driver’s blood, breath, urine, or other bodily substance and will try to prove that reading taken of this bodily fluid is indeed correct. In a breath test case, Georgia uses the Intoxilyzer 5000 to measure the results of a driver’s breath sample. In order for the Prosecutor to prevail in a Per Se case, they must successfully show that the reading was accurate.

What is the Legal Limit for a Georgia DUI?

There are three different DUI per se levels:

Drivers over 21	.08
Drivers under 21	.02
Driving a Commercial Vehicle	.04

Drivers with chemical tests showing a BAC level exceeding the levels stated above can be charged with a per se DUI.

Georgia DUI Legal Penalties

The chart below outlines the various penalties you can expect to face if you are found guilty for a Georgia DUI. Please remember these are the minimum penalties and depending on the circumstances, penalties in your case may be harsher.

1st DUI Offense

Jail Sentence

• 10 Days to 12 months.
• A judge can elect to stay part of this but a minimum of 24 hours must be served.
• For convictions with a BAC less than .08, 24 hour may also be stayed upon the the discretion of a judge
• 12 months probation less any jail time served

Georgia License Suspension or Suspension of Out of State Residents’ Right to Drive in Georgia

• If you are 21 or over, your license will be suspended for one year. A limited driving permit is available on a first in five violation, and you will be eligible for early reinstatement after 120 days providing you have completed DUI School.
• If you are under 21 and your BAC is over .08 your license will be revoked for 12 months. If your BAC is under .08 it will be revoked for 6 months. In both cases no work permit is allowed
• If you are convicted of a DUI with Drugs, your license will be suspended for one year with early reinstatement after 6 months pending DUI School.
• Commercial Drivers will have their Commercial License suspended for one year in addition to the suspensions listed above.

Fines

• $300-$1,000

Community Service

• Minimum of 40 hours for those over 21, 20 hours minimum for those under the age of 21. A judge will decide the actual hours.

Additional Legal Penalties

• Additional Statutory Charges
• Clinical Treatment and Evaluation may be required, attendance at Alcohol Programs may be required

2nd DUI Offense

Jail Sentence

• 90 Days to 12 months
• A judge can elect to stay part of this but a minimum of 3 days must be served.
• 12 months probation less any jail time served

Georgia License Suspension or Suspension of Out of State Residents’ Right to Drive in Georgia

• 3 year license suspension
• No work permit or hardship license for a minimum of 12 months
• After the first 12 months a work permit is available for 6 months after installation of an ignition interlock device
• Early reinstatement after 18 months

Fines

• $600-$1,000

Community Service

• 240 hours minimum

Additional Legal Penalties

• All license plates issued to you will be confiscated until a work permit is obtained or license is reinstated. Hardship license may be issued for family members.
• Your photo, name, address and arrest details will be published in the local newspaper.
• CDL lifetime ban
• Additional Statutory Charges
• Clinical Treatment and Evaluation mandatory

3rd DUI Offense

Jail Sentence

• 120 Days to 12 months
• A judge can elect to stay part of this but a minimum of 15 days must be served.
• 12 months probation less any jail time served

Georgia License Suspension or Suspension of Out of State Residents’ Right to Drive in Georgia

• 5 year license suspension
• Probationary License available after 2 years after installation of interlock device, completion of counseling and DUI school

Fines

• $1,000-$1,500

Community Service

• 240 hours minimum

Additional Legal Penalties

• All license plates issued to you will be confiscated until a work permit is obtained or license is reinstated. Hardship license may be issued for family members.
• Your photo, name, address and arrest details will be published in the local newspaper.
• CDL lifetime ban
• Additional Statutory Charges
• Clinical Treatment and Evaluation mandatory

4th DUI Offense (any offense before 7/1/2008)

Jail Sentence

• 120 Days to 12 months
• A judge can elect to stay part of this but a minimum of 15 days must be served.
• 12 months probation less any jail time served

Georgia License Suspension or Suspension of Out of State Residents’ Right to Drive in Georgia

• 5 year license suspension
• Probationary License available after 2 years after installation of interlock device, completion of counseling and DUI school

Fines

• $1,000-$1,500

Community Service

• 240 hours minimum

Additional Legal Penalties

• All license plates issued to you will be confiscated until a work permit is obtained or license is reinstated. Hardship license may be issued for family members.
• Your photo, name, address and arrest details will be published in the local newspaper.
• CDL lifetime ban
• Additional Statutory Charges
• Clinical Treatment and Evaluation mandatory
• Possible Vehicle forfeiture

4th DUI Offense (all offenses after 7/1/2008)

Jail Sentence

• Treated as a Felony
• 1 to 5 years.
• A judge can elect to stay part of this but a minimum of 90 days must be served.

Georgia License Suspension or Suspension of Out of State Residents’ Right to Drive in Georgia

• 5 year license suspension
• Probationary License available after 2 years after installation of interlock device, completion of counseling and DUI school

Fines

• $1,000-$5,000

Community Service

• 480 hours minimum (maybe reduced if prison time exceeds 3 years)

Additional Legal Penalties

• All license plates issued to you will be confiscated until a work permit is obtained or license is reinstated. Hardship license may be issued for family members.
• Your photo, name, address and arrest details will be published in the local newspaper.
• CDL lifetime ban
• Additional Statutory Charges
• Clinical Treatment and Evaluation mandatory
• Possible Vehicle forfeiture
• Many additional consequences of being a convicted felon

Please note there are many possible additional penalties outside of what is decided in court such as loss of car insurance, loss of professional licenses (teachers, doctors, lawyers, etc.), civil liability, impacts upon life insurance rates, and restrictions on travel. DUI convictions can also negatively influence future employers and keep them from hiring you. The consequences for a Georgia DUI conviction are very serious and last a lifetime, so please get the best legal help you can find. If you need a highly qualified Atlanta DUI Attorney area, please call The Law Offices of Douglas B. Chanco at 404-250-3206 for a free consultation and case evaluation.