Driving Under the Influence in GA

Driving under the influence (DUI) charges are some of the most common criminal offenses in Georgia. They are also some of the most largely misunderstood.

In Georgia, any motorist who has a blood alcohol content (BAC) level higher than what is allowed under the law, can be charged with driving under the influence if they operate or have control of a vehicle. To have control of a vehicle is to have the ability to operate it, even though a person may not be driving at the time. For example, if you have too much to drink, you may choose to “sleep it off” in your vehicle. If the keys are in your pocket, you have control over the vehicle and so, you may still face charges.

What is a DUI in Georgia?

The DUI statue in Georgia has 6 parts, but it is easier to understand if it is broken into 8 parts. The DUI statue in Georgia states that a person shall not drive or be in actual physical control of any moving vehicle while:

1. Under the influence of alcohol to the extent that it is less safe for the person to drive;
2. Under the influence of any drug;
3. Under the intentional influence of any glue, aerosol, or other toxic vapor;
4. Under the combined influence of any two or more;
5. The person’s alcohol concentration is 0.08 grams or more;
6. Under the influence of any illegal drug;
7. In control of a commercial motor vehicle while the person’s alcohol concentration is 0.04 grams or more; and
8. Under the age of 21 and the person’s alcohol concentration is 0.02 grams or more.

Penalties for a DUI Conviction in Georgia

The penalties for a DUI conviction in Georgia depend on a number of variables, including, whether or not this was a first, or subsequent offense within the last 10 years. The penalties for a DUI conviction in Georgia are as follows:

1^st in 10 years

• $300.00 – $1,000.00 fine
• 40 hours of community service
• 12 months probation less any days during which the person is actually incarcerated
• 10 days jail all of which may be suspended, etc., except 24 hours if the test is above 0.08
• Risk Reduction Program
• Drug and Alcohol evaluation

2^nd in 10 years

• $600.00 – $1,000.00 fine
• 30 days of community service
• 12 months probation less any days during which the person is actually incarcerated
• 90 days jail all of which may be suspended, etc., except 72 hours
• Risk Reduction Program
• Drug and Alcohol evaluation
• Photo publication and tag surrender are required if 2^nd DUI in 10 years, and 2^nd in 5 years

3^rd in 10 years

• $1,000 – $5,000 fine
• 30 days of community service
• 12 months probation less any actual days of incarceration
• 120 days jail all of which may be suspended, etc., except 15 days
• Risk Reduction Program
• Drug and Alcohol evaluation
• Photo publication and tag surrender are required if 3^rd DUI in 10 years, and 2^nd in 5 years

4^th in 10 years

• $1,000 – $5,000 fine
• 60 days of community service
• 1-5 years probation less any actual days of incarceration
• 1-5 years in jail all of which may be suspended, etc., except 90 days
• Risk Reduction Program
• Drug and Alcohol evaluation
• Photo publication and tag surrender are required if 4^th DUI in 10 years, and 2^nd in 5 years

A DUI conviction will also result in your driver’s license being suspended. Again, the driver’s license suspension for a DUI conviction in Georgia depends on a number of variables, including, whether or not this was a first, or subsequent offense within the last 5 years. The driver’s license consequences for a DUI conviction in Georgia are as follows:

1^st in 5 Years

• 1-year license suspension.
• Can get license back after 120-days.
• Limited driving permit during the 120-days.
• DUI Risk Reduction Program.

2^nd in 5 years

• 3-year license suspension.
• Subject to early reinstatement after 18 months.
• After 120-day hard suspension, 12 months of Ignition Interlock Device Limited Permit.
• Enrollment in treatment program is a statutory pre-requisite to IIDLP.
• The remaining time with a non-interlock limited permit.
• Photo publication & tag surrender.
• DUI Risk Reduction Program.
• Clinical evaluation.

3^rd in 5 years

• 5-year Habitual Violator license suspension.
• After 2 years hard suspension, 12 months of Ignition Interlock Device Limited Permit.
• Enrollment in treatment program is a statutory pre-requisite to IIDLP.
• The remaining time with a non-interlock limited permit.
• Photo publication & tag surrender.
• DUI Risk Reduction Program.
• Clinical evaluation.

Additionally, the driver’s license consequences for a DUI conviction in Georgia for someone under 21 years of age are more sever. The driver’s license consequences for a DUI conviction in Georgia for someone under 21 years of age as follows:

1^st in 5 years (BAC was less than 0.08 grams)

• 6-month license suspension.
• No limited driving permit.
• DUI Risk Reduction Program.

1^st in 5 years (BAC was 0.08 grams or greater)

• 12-month license suspension.
• No limited driving permit.
• DUI Risk Reduction Program.

Our DUI Lawyers in Georgia Can Help You Avoid Harsh Penalties

If you have been charged with DUI, you need a strong legal defense. It is not possible to remove these charges from your record if you are convicted and so, it is imperative to use the best defense strategy from the very beginning. At Zimmerman & Associates, our Georgia DUI lawyers can advise on the strategy most appropriate for your case, and will give you the best chance of avoiding a conviction. Call us now at (770) 350-0100 or contact us online to schedule a free consultation with one of our skilled attorneys and to learn more about your legal options.