DUI Reference Guide

Georgia DUI Laws

In Georgia, drivers can be arrested for a DUI if their ability to drive is impaired after they have had alcohol and or drugs.  The most common way to charge someone with a DUI is if they are found to have a blood alcohol content that exceeds the legal limits for their age group.  Anyone age 21 and over can be arrested for having a BAC at or above 0.08%, however, anyone under 21 can be arrested for a BAC that meets or exceed 0.02%.

A police officer should have a valid reason for pulling someone over on the suspicion of a DUI.  They should notice that an individual is not driving safely or that their driving pattern appears to be that of someone who is under the influence.  Anytime an individual is arrested they will be informed of the Implied Consent laws.  Anyone with a driver’s license in Georgia falls under the implied consent law.  They are expected to take a chemical test to measure BAC.  A person is still able to refuse, however, license suspensions are a result of refusing to take testing.

When a police offer makes a DUI arrest, he must write a report on the arrest.  This report will be sent to the Department of Public Safety.  Those who are arrested for a DUI or who were asked to take a chemical test and would not can request a hearing in an attempt to retain driving rights.  However, they must do so in ten days or less once they are arrested.  Refusal to take one of the chemical tests can cause a person to have their license revoked.  This suspension can be for as long as twelve months. 

For those who are found to have a BAC that is higher than the legal limit, they can lose their license for as long as year.  However, work permits are generally available after some of that time is served and in most cases early reinstatement is available as well.  The length of suspension increases to three years on a second offense.  Once again work permits are sometime allowed but generally not until six months of the suspension is served.  Again early reinstatements are often available.  Third time offenders can lose their license for five years.  Once two years has passed, a probationary license can be applied for and a person might having driving rights afterwards. 

Criminal penalties also apply to DUI cases.  First time offenders can serve up to 12 months in prison.  The minimum sentence is ten days.  However, the court will often suspend a license term after 24 hours for first time offenders.  Fines can range from $300-$1000.  License suspensions were discussed above for DUI offenders.

Second time offenders can serve from 90 days up to one year in prison.  At least 72 hours must be served.  Fines can be at least $600.  Community service is for 30 days or more.  Minors will only need to serve 40 hours of community service if convicted of a DUI.

Third time DUI offenders can serve up to 12 months in prison.  At least 15 days must be spent in jail along with 30 days ore more of public service.  A 12-month probation will follow any time served in jail.

Those arrested for DUI can be required to take courses relating to DUI and alcohol to teach people to be safer and more responsible.  Treatment for alcohol or even drug problems can also be required as part of a person’s penalties as well as a step towards having their license reinstated.

Finding a lawyer when facing DUI charges is essential.  DUI laws are generally complicated and can be difficult for an individual to sort trough on their own.  There are many lawyers who specialize in handling cases involving DUI and other related offenses. 

DUI lawyers can be of great assistance to a person when they face their court case.  On their own, an individual could have difficulty handling their defense.  However, DUI lawyers can establish doubt as to whether or not a person was actually under the influence at the time of their arrest.  They can also assist anyone who considers a plea bargain to ensure that his or her rights are being protected.