Georgia has different definitions for driving while impaired. These
include driving under the influence, driving while intoxicated, and
drunk driving. Georgia law states that for a driving under the
influence case to remain intact the court must determine that the
driver was less safe due to the consumption of alcohol.
These cases can be proven even if no breath test, blood alcohol content
test, or chemical test was involved. Individuals always have the right
to refuse an alcohol test, but this can lead to heavier consequences.
When a blood alcohol content test or other test has been administered,
the state will then need to show evidence that the driving was in fact
Blood Alcohol Content Limits
Like all other states, Georgia has a blood alcohol content cap of 0.08
percent where individuals may be prosecuted. Those with blood alcohol
content levels of 0.05 or less can also be prosecuted as presumed
Impairment of driving will have to be proven, such as poor
driving, slurred speech, and safety issues. Those that have a blood
alcohol level of 0.06 or 0.07 percent are not considered inferences.
However these cases can be tried if evidence is sufficiently provided,
like in 0.05 percent or less cases.
Georgia Per Se Laws
Driving under the influence cases can also be prosecuted through per se
laws. These laws state that individuals may be charged for driving with
blood alcohol levels over the legal limit. They are often paired with
DUI laws. Per se laws do not require that the individual be proven to
be less safe while driving, instead the individual is prosecuted for
having a blood alcohol level above the limit while operating a motor
First-time offenders will receive a one thousand-dollar fine, forty
hours of community service, and jail time from twenty-four hours to
twelve months, depending on the circumstances. Multiple offenses can
result in a ten-year conviction, driver's license suspension up to
twelve months, fines up to one thousand dollars, and community service
up to two hundred forty hours. Alcohol evaluations will be mandatory
along with DUI school.
Georgia DUI Laws for Minors
Any individual under the age of twenty-one will be prosecuted for
driving under the influence as a minor. Rather then set the blood
alcohol content level at 0.08 percent, as it is with legal adults, the
state of Georgia places the blood alcohol content level for minors at
0.02 percent. Individuals who are convicted will receive a punishment
of a driver's license suspension for six months.
This is the same punishment for those who plead guilty to the DUI
offense. Minors with blood alcohol content levels over 0.08 percent
will be punished with a driver's license suspension of twelve months
upon conviction. Those who plead guilty to DUI offenses with blood
alcohol content levels over 0.08 percent will also have a driver's
license suspension for twelve months.
After the driver's license suspension time period has ended, the minor
is required to take the written and driving test again in order to have
his or her driver's license reinstated. Per se laws are also present