State Laws

Georgia DUI Laws


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 unsafe.

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 drunkenness

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 vehicle.

DUI Punishments
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 for minors.

See also:
Georgia Felony
Georgia Gun Laws
Georgia Bankruptcy Laws
Bartow County Jail Inmates External link (opens in new window)
Georgia Misdemeanor External link (opens in new window)
Georgia Expungement External link (opens in new window)