Georgia DUI: Penalties and Criminal Charge Defense

In Georgia, driving under the influence (DUI) of either alcohol or drugs (or a combination of the two) is a criminal offense. A DUI conviction may incur several penalties including jail time, fines, mandatory community service and license suspension. During the arrest, the police office may confiscate the driver's license at that time. At trial, the arresting officer may testify to the driver's intoxicated state, including any slurred speech, bloodshot eyes or smell of alcohol. Based on these outward signs, the arresting officer may make a judgment call that the driver was a "less safe driver."

In addition to the "less safe driver" violation, Georgia's code also includes a a "per se" violation. In a "per se" violation, outward signs of intoxication are not necessary to convict if the driver's blood alcohol content (BAC) was 0.08 at the time of the offense. If the BAC was .15 percent or more, penalties may be enhanced.

Georgia is an implied consent state which means that a stopped driver must submit to chemical testing of breath, blood or urine.

Penalties

DUI - First Offense

The following are penalties for a first time DUI offense:

• Jail Time: from a mandatory 24 hours up to 12 months
• Fines: $600 to $1,000
• Community Service: at least 40 hours
• Mandatory DUI school and alcohol evaluation
• License: 12 months

DUI - Second Offense (within 10 years)

• Jail Time: from 72 hours to 12 months
• Fines: $600 to $1,000
• Community Service: at least 240 hours
• Mandatory DUI school and alcohol evaluation
• License: 3 years

• Other: Ignition interlock device installation on each vehicle owned by the convicted defendant for 6 months or longer

Zero Tolerance

Under Georgia's zero tolerance law, a driver under 21 years of age with an alcohol reading of .04 BAC has committed a DUI violation. Upon conviction the under-aged driver's license will be revoked for 6 months. If the BAC measures more than 0.08 percent, the license suspension will be for one year.

Because Georgia seeks to deter under-aged drinking and driving, the State imposes very strict penalties that include criminal and administrative penalties that include jail time, community service, probation, costly fees, car ignition interlock, vehicle confiscation, and restricted travel.

Child Endangerment

If there is a child under the age of 14 in the car at the time of the offense, the driver may also be charged with child endangerment.

Proving the Case

The State will try to prove the DUI case in one of two ways: (1) proving less safe driving with evidence such as field sobriety tests, the smell of alcohol, blood shot eyes, etc., or (2) proving that the driver committed a per se offense with an unlawful blood alcohol level. Chemical test results of the blood, breath or urine will be submitted in evidence. If the driver refused testing, the State may only pursue a "less safe" case.

One possible defense in a per se case may be to argue that the blood test results are incorrect either because the test was administered incorrectly, the machine malfunctioned or the police's record keeping is faulty.

An experienced attorney is the best defense in any Georgia DUI case. Consult with an attorney to fully discuss Georgia DUI laws.