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Georgia DUI Law Information

Drivers arrested in the State of Georgia for driving under the influence of drugs or alcohol (DUI) will face severe DUI penalties including potential jail time, a driver’s license suspension, potential mandatory ignition interlock installation, and fines.

Georgia DUI defined

A driver can be charged with DUI in several ways in the state of Georgia: 1)Less safe driving under the influence of alcohol or drugs, which is defined as having physical control of a motorized vehicle under the influence of alcohol or drugs to the extent it is “less safe for that person to drive;” 2) Driving a motorized vehicle with a blood alcohol concentration of 0.08% or higher; 3) Driving under the influence of glue, aerosols or toxic vapors; or 4) Under the influence of marijuana or a controlled substance per se.

Georgia Look Back or wash-out period: 10 years

In Georgia the court goes back 10 years for minimum sentence purposes. The date begins on the date of the first DUI arrest.

Criminal DUI Penalties in Georgia

First DUI offense:
(Misdemeanor)

  • Fines of $300 up to $1,000
  • 10 days up to one year in jail (all but 24 hours of the jail sentence may be suspended at the judge’s discretion with the required balance spent on probation)
  • Probation up to one year
  • Mandatory Alcohol or Drug Use Risk Reduction Program
  • 40 hours of community service
  • One year driver’s license suspension

Second DUI offense:
(Within 10 years)
(Misdemeanor)

  • Fines of $600 up to $1,000
  • 90 days up to one year in jail (all but 72 hours can be suspended at the judge’s discretion but the balance of the sentence must be spent on probation)
  • 12 to 36 months of Probation
  • Mandatory 240 hours of community service
  • Mandatory Alcohol or Drug Use Risk Reduction Program
  • License suspension of at least 1 year (although some drivers may be eligible for a limited permit after 120 days with approved treatment program and a judge’s approval) 

Third DUI offense:
(Within 10 years of previous offense)

  • Fines from $1,000 to $5,000
  • 120 days to one year of jail (all but 15 days of the jail sentence may be suspended at the judge’s discretion, although the remaining sentence must be spent on probation)
  • Mandatory Alcohol or Drug Use Risk Reduction Program
  • Required to attend a medical evaluation and receive treatment
  • Probation

Georgia’s Implied Consent Law

Drivers in Georgia have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Georgia Department of Driving Services and are imposed regardless of whether the driver is ultimately convicted of DUI.

Drivers who refuse the chemical test will face the following administrative penalties:

  • First refusal- 1 year driver’s license suspension
  • Second refusal- 3 year driver’s license suspension
  • Third refusal- 5 year driver’s license suspension

To challenge an administrative suspension, drivers must request an administrative hearing within 10 days from the date of their DUI arrest by contacting The Georgia Department of Driving Services.

 

 

(Read more: - state laws )





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