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Georgia DUI Laws Penalties And Fines
Definition of Intoxication:
Under Georgia drunk driving laws, a Georgia DUI may be proved two different ways.
1. With evidence that your driving abilities were impaired by the influence of alcohol, legal drugs, or controlled substances; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers).
Georgia drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Georgia
•Adult Driver - DUI with BAC of 0.08 or higher
•Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher
•Under 21 Driver – DUI with BAC of 0.02 or higher
Consequences of DUI Conviction in Georgia
A drunk driving conviction in Georgia has serious consequences.
Repeat offenders are punished more severely.
A DUI conviction in Georgia remains on your record for ten (10) years, for purposes of calculating repeat offense punishment levels, but the length of a Georgia driver’s license suspension is calculated based on repeat offenses that have occurred within five (5) years.
To calculate repeat offenses in either case, Georgia law measures from arrest date to arrest date, not conviction dates.
All drivers convicted of DUI in Georgia must be placed on probation for the full term of their sentences, with credit for time actually served, when they are released before serving their entire sentence.
The trial judge can order the probation to be supervised by a probation officer.
When Can I Drive, if I’ve Been Drinking?
The best way to avoid DUI in Georgia is to have someone else drive, if you’ve been drinking.
If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
Many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication.
In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
