Georgia considers DUI's to be a serious offense
DUI - Driving Under the Influence
Driving under the influence (DUI) is a very serious offense in the state of Georgia. DUI laws are regulated by Georgia's Department of Driver Services and those found guilty of a DUI face consequences ranging from fines, to incarceration, to license suspension and revocation. Both defending against and proving these types of cases are very technical, therefore your best bet is to contact a local DUI attorney immediately upon getting arrested and charged with a DUI.
The severity of these penalties is largely due to Georgia's strict DUI laws. Georgia law states that any person operating a motor vehicle while they are under the influence of drugs or alcohol is guilty of a DUI and may be subject to punishment. Additionally, police officers are authorized to arrest anyone suspected of DUI without having witnessed them driving if there is reasonable suspicion that they have driven recently while intoxicated.
Here are some of the important areas to know about DUIs in Georgia.
- DUI Charges in Georgia
- DUI - Alcohol
- DUI - Drugs
- DUI - Multiple Substances
- DUI - Alcohol, Under 21
- DUI - Drugs, Under 21
- DUI - Multiple Substances, Under 21
- DUI - Child Endangerment
- DUI - 1st in 5 years (drugs or alcohol)
- DUI - 2nd in 5 years (drugs or alcohol)
- DUI - 3rd in 5 years (drugs or alcohol)
- DUI - 4th in 5 years and 4th in 10 years (non-drugs)
DUI Charges in Georgia
In the state of Georgia, you can get a DUI (Driving Under the Influence) if you are operating a motor vehicle while under the influence of drugs or alcohol. Additionally, police officers are authorized to arrest anyone suspected of DUI without having witnessed them driving if there is reasonable suspicion that they have driven recently while intoxicated. Some specific DUIs charges in Georgia include DUIs involving alcohol, drugs, multiple substances, those under 21 years old as well as DUIs involving child endangerment and multiple DUIs within 5 or 10 year periods. Penalties can range from fines or license suspension/revocation to incarceration depending on the severity of the charge.
The Georgia implied consent law states that any person who operates a motor vehicle within the state is deemed to have given consent for a chemical test or tests of their blood, breath, or urine for the purpose of determining the presence of alcohol and/or drugs. This law applies to all drivers regardless of age. Refusal to partake in a chemical test can result in an automatic suspension of driving privileges.
The best way to avoid DUIs is to never drink or do drugs while operating a motor vehicle and always have a designated driver who will be able take the wheel if necessary. If you find yourself charged with a DUI, it is advised that you contact an experienced attorney right away who can help you understand the charges and timelines for your case as well as provide assistance with any potential defenses or negotiation of plea deals.
By being familiar with DUIs, understanding Georgia's DUI laws, and taking the necessary precautions to stay safe on the roadways, individuals in the state of Georgia can help themselves and others avoid DUIs altogether.
DUI - Alcohol
In Georgia, if you are found to be operating a motor vehicle while having consumed alcohol, then you can be charged with DUI involving alcohol. DUIs involving alcohol are considered very serious offenses in the state of Georgia. According to Georgia DUI laws, individuals who have a blood alcohol concentration (BAC) of 0.08% or more are considered to be driving under the influence per se, or by nature of law. Also, Georgia DUI laws have a provision for a DUI Alcohol 'less safe'. This means that even if your BAC is lower than 0.08%, you can still be charged with DUIs involving alcohol if it is determined that your ability to drive has been impaired due to alcohol consumption.
If you are found guilty of DUI involving alcohol, then the penalties you face can range from fines to license suspension or revocation, and even incarceration. It's important to note that these consequences become increasingly more severe with each subsequent DUI charge in Georgia.
DUI - Drugs
If you are found to be operating a motor vehicle while under the influence of drugs in the state of Georgia, then you can be charged with DUI involving drugs. DUIs involving drugs are treated just as serious as DUIs involving alcohol, and they carry harsh penalties. According to Georgia laws, any person found to be driving while impaired due to the consumption of drugs is guilty of DUI involving drugs.
The consequences for DUIs involving drugs vary depending on the severity of the charge, but they can range from fines to license suspension/revocation and even incarceration. Additionally, just because you have a valid prescription to take the drugs found in your system, you are not immune from a DUI drugs charge. As long as the drug impaired your ability to drive and made it less safe for you to drive, then you can still be found guilty of a DUI drug charge for a valid prescription medication. It is important to be aware that DUIs involving drugs are considered very serious offenses in the state of Georgia and should not be taken lightly.
DUI - Multiple Substances
According to the Georgia DUI Multiple Substances law, an individual can be charged with a DUI if they are impaired by the combination of alcohol, drugs or inhalants in such a way that it is no longer safe for them to drive. This is regardless of whether the levels of alcohol in your blood system were below the per se limit of 0.08 BAC, or whether the drugs found in your system were lawfully prescribed to you - all that these have to do is be in your system and make it less safe for you to drive, in order to be charged with this kind of DUI.
DUI - Alcohol, Under 21
In Georgia, DUIs involving alcohol for drivers under the age of 21 are treated very seriously. According to the state’s “Zero Tolerance” law, any driver under 21 years old who is found to have a blood alcohol concentration of 0.02% or higher can be charged with DUIs involving alcohol. This means that even if the driver’s BAC is below 0.08% (which is the level for 21 and older drivers), they can still be charged with a DUI per se (by nature of law) if their BAC is over 0.02%. If no chemical test was done, then a driver under 21 can still be charged with a DUI Alcohol less safe, if it can be shown there was alcohol in their system and it impaired their driving ability to be less safe to drive.
DUI - Drugs, Under 21
In Georgia, DUIs involving drugs for drivers under the age of 21 are treated very seriously. According to the state’s “Zero Tolerance” law, any driver under 21 years old who is found to have ingested a controlled substance or been impaired from inhalants can be charged with DUIs involving drugs. If found guilty, the penalties that can be imposed for DUIs involving drugs for drivers under the age of 21 include fines, license suspension/revocation and even incarceration. Additionally, these charges stack up, and the penalties get worse if you have more than one in five years, ten years, or even over your lifetime.
In certain cases, depending on your circumstances, you may be able to negotiate a plea deal in DUIs involving drugs. Negotiating a plea deal can allow individuals to reduce their DUIs charges, and in some cases even have them dismissed completely. However, it is important to understand that DUIs involving drugs are serious offenses in the state of Georgia, and should not be taken lightly. If you or someone you know has been charged with DUIs involving drugs, then we recommend seeking the advice of an experienced local attorney.
DUI - Multiple Substances, Under 21
The consequences for DUIs involving multiple substances for drivers under the age of 21 are incredibly serious. According to Georgia laws, any driver under the age of 21 who is found to have a blood alcohol concentration of 0.02% or higher, and/or has ingested a controlled substance or been impaired from inhalants can be charged with DUIs involving multiple substances. This means that DUIs involving multiple substances for drivers under the age of 21 can result in enhanced penalties, including fines, license suspension/revocation, and even incarceration. We strongly advise against taking DUIs involving multiple substances lightly and recommend consulting a knowledgeable attorney if you find yourself facing such charges.
DUI - Child Endangerment
In Georgia, DUIs involving child endangerment occur when someone is driving while under the influence of drugs or alcohol and they have a child under the age of 14 years old in the car. This can result in serious consequences including fines, license suspension/revocation, and even jail time. Unless the charge can be reduced or dropped, having a DUI and a DUI Child Endangerment means that you will have two separate DUIs - and this will count towards your lifetime DUI count. This makes it tougher to get your license back and it can double the penalties you have to deal with for a conviction of both types - including longer time in jail, on probation, more fines, more community service, and the like. If you have been arrested for DUI Child Endangerment, we strongly recommend seeking out a local attorney as soon as possible, to protect your rights and fight for you in this very serious case.
DUI - 1st in 5 years (drugs or alcohol)
In Georgia, DUI involving drugs or alcohol for a first offense in five years can result in a number of consequences. Depending on the severity of the offense and the driver's previous driving history, these consequences can include fines, license suspension/revocation, community service, and even jail time.
The fines associated with DUIs involving drugs or alcohol for a first offense in five years can range from $300 to $1000, and could even be higher depending on the circumstances. Additionally, DUIs involving drugs or alcohol for a first offense in five years can result in license suspension/revocation of up to one year.
DUI - 2nd in 5 years (drugs or alcohol)
In Georgia, DUIs involving drugs or alcohol for a second offense within five years can result in more serious penalties than a first-time offender. Depending on the severity of the offense and the driver’s previous driving history, DUIs for second offenses within five years may include fines of up to $3000, license suspension/revocation of up to three years, and/or imprisonment of up to one year.
In addition, DUIs involving drugs or alcohol for a second offense within five years may also require the person convicted to complete an alcohol or drug education program before their license is reinstated. Finally, DUIs involving drugs or alcohol for a second offense in five years may also require the installation of an ignition interlock device on any vehicle operated by the individual.
It is important to remember that DUIs are serious criminal offenses in the state of Georgia and can have long-lasting consequences. If you or someone you know has been charged with DUIs involving alcohol or drugs, then we recommend seeking the advice of an experienced local attorney who can help you evaluate your options and determine the best course of action.
DUI - 3rd in 5 years (drugs or alcohol)
The consequences for DUIs involving drugs or alcohol for a third offense within five years are incredibly serious. Depending on the severity of the offense and the driver's previous driving history, DUIs for third offenses within five years may include fines of up to $5000, license suspension/revocation of up to five years, and/or imprisonment of up to five years.
In addition, DUIs involving drugs or alcohol for a third offense within five years require the person's license to be listed as a Habitual Violator. Finally, DUIs involving drugs or alcohol for a third offense in five years will almost always require the installation of an ignition interlock device on any vehicle operated by the individual, once they are eligible for a probationary license.
Given the severity of DUIs involving drugs or alcohol for a third offense within five years, we strongly advise against taking DUIs lightly and recommend consulting an experienced local attorney if you find yourself facing such charges. Your future could be at stake so it is important to take action quickly.
DUI - 4th in 5 years and 4th in 10 years (non-drugs)
In Georgia, DUIs involving non-drugs for a fourth offense within five years will result in increasingly severe penalties. Depending on the severity of the offense and the driver’s previous driving history, DUIs for fourth offenses within five years may include fines of up to $7000, license suspension/revocation of up to five years, and/or imprisonment of up to five years.
Additionally, DUIs involving non-drugs for a fourth offense within ten years is converted to a felony instead of a misdemeanor and may include fines of up to $15,000, license suspension/revocation of up to seven years, and/or imprisonment of up to seven years.
Given the severity of DUIs involving alcohol for a fourth offense within ten years, it is important to take DUIs seriously. You could lose your right to drive for a very long time.
Georgia Takes DUI Seriously
If you or someone you know has been charged with DUIs involving alcohol, inhalants, drugs, or a combination of the above, then we strongly recommend seeking the advice of an experienced local attorney who can help you evaluate your options and determine the best course of action. Your future could be at stake so it is important to take action quickly.
Your safety is important to us so please drive responsibly!