Georgia DUI Laws and Penalties 2024 Explained

It can be difficult to navigate Georgia DUI laws and penalties, especially as regulations evolve to meet the diverse needs of the community. It’s important to stay on top of the evolving state of DUI laws and penalties so you stay out of trouble or know what to expect if you have been accused of driving under the influence. If you have, a DUI defense lawyer can help defend you in court.

Understanding Georgia DUI Laws

DUI laws in Georgia were designed to keep everyone safe on the road. They not only help to deter people from driving while intoxicated, but also provides a system to hold violators accountable if found guilty.

In Georgia, it is illegal for anyone to have a blood alcohol concentration of 0.08% or higher. While this figure only applies to intoxication from alcohol, you can still receive a DUI for driving under the influence of drugs such as marijuana. The same applies to taking prescription pills or over-the-counter medication that impacts your ability to drive.

Types of DUI Offenses

The state of Georgia differentiates DUI offenses based on how impaired someone is and other circumstances that could be involved in the case. Understanding these differences can help drivers better understand the legal risks and consequences they face if they violate these laws. Some common types of DUI charges in Georgia include:

Per Se DUI

When someone is charged with a per se DUI, it means their blood alcohol concentration level is 0.08% or higher. Regardless of how stable someone appears to be, they may still be charged with a per se DUI if a breathalyzer determines their blood alcohol concentration to be at an illegal level.

For drivers under the age of 21 in Georgia, the state enforces a strict zero tolerance policy. This is because newer drivers are still learning how to safely drive, and the law also helps to deter underage drinking. The easiest way to remember what constitutes a per se DUI is to remember that it focuses on BAC levels rather than evidence of erratic driving.

Less Safe DUI

A less safe DUI is much more subjective. It relies on a law enforcement officer’s observations of how someone is driving and performs their sobriety tests. Even if the driver has passed their breathalyzer test with a score of under 0.08%, law enforcement still has the authority to arrest them if they believe they are intoxicated and cannot drive safely. This usually happens if the officer sees someone swerving, ignoring traffic signs, or erratically changing speeds.

Drug-Related DUI

Even if someone passes their field sobriety tests, there are instances where someone who is under the influence of controlled substances is not able to drive their vehicle safely. This is because certain drugs impact motor skills and reaction times. It makes it more difficult to adjust how they are driving if there is an unexpected hazard on the road. This is how many drug-related accidents happen. As a result, you could be issued a drug-related DUI.

Combination DUI

A combination DUI is when a driver is impaired through a mixture of substances. Most commonly, this is someone who has decided to drive a vehicle under the influence of drugs and alcohol. When this happens, they can be held accountable for having an illegal BAC level and ingesting illegal substances. These can be the most severe DUIs to be charged with.

FAQs

What Is the Penalty for a First-time DUI in Georgia?

There is a wide range of penalties for someone who has been charged with a DUI for the first time in Georgia. Fortunately, these are the most likely candidates to receive the lightest consequences. This is especially true when they were caught before causing harm to anyone else on the road. However, if aggravating circumstances are present in the case, like injuring another party, the individual could face larger fines or jail time.

What Is the Three-hour Rule for a DUI in Georgia?

Georgia’s three-hour rule requires law enforcement to measure someone’s sobriety within a three-hour period after a DUI arrest has been made. If an officer fails to do this within the three-hour period, the BAC level may not be a valid piece of evidence to use in court. This is because alcohol levels in the bloodstream can fluctuate. The test needs to be conducted closer to the time of driving to ensure it’s a fair and accurate reading.

Is Your License Suspended Immediately After a DUI in Georgia?

It is possible for your driver’s license to be suspended immediately after being charged with a DUI in Georgia. However, there is still a 30-day window to drive and appeal the decision. After being charged, a law enforcement officer will issue a 1205 form. This is a temporary driver’s license, and it gives you 30 days to request an administrative license suspension hearing where you can challenge the merit of your license suspension.

Can You Get a DUI in Georgia If You Refuse a Breathalyzer Test?

Yes, refusing to participate in a breathalyzer test could still result in a DUI charge. This is because of Georgia’s implied consent laws, which means that by making the decision to drive a vehicle, you have automatically agreed to submit to chemical tests if requested by a law enforcement officer. After declining to participate, your license may be suspended. The act of refusing can also be used as a piece of evidence against you in court.

Contact The Fleming Firm Today

While facing a DUI charge can be an overwhelming experience, having a DUI lawyer on your side can make the process much easier to navigate. At The Fleming Firm, we have a strong understanding of Georgia DUI laws and penalties that will impact your case. Contact us today to secure our support. We look forward to meeting you and learning more about how we can help create a strong defense strategy for your case.

With our dedicated legal support, you have a better chance of resolving your case in a favorable manner.