Under Georgia law, drivers can get a DUI for driving under the following circumstances:

• While under the influence of drugs or alcohol
• With a blood alcohol concentration (BAC) higher than .08% if they are over the age of 21 and above .02% if they are under the age of 21
• With any amount of illegal drugs in their system

What Are the Consequences of DUI in Georgia?

The consequences and penalties of DUI in Georgia vary based on a few factors, including the driver’s age, criminal record, BAC, and how much — if any — damage or injuries were caused by their driving.

Under Georgia law, you can be charged with a felony or misdemeanor DUI. Although most DUIs in Georgia are charged as misdemeanors, you can be charged with a felony if:

• You have three or more previous DUI convictions within the past decade.
• You tried to flee the scene.
• You caused death or serious injury to someone else or an unborn fetus.

There are two types of consequences for DUI in Georgia: the criminal proceeding and the administrative hearing.

Administrative License Suspension

When someone is arrested for DUI in Georgia, they face the possibility of an administrative suspension of their license. This process is insisted by the Department of Driver Services and can impact your ability to drive before you are convicted of a DUI.

This commonly happens to people who refuse to take the breathalyzer test on the scene with the officer or to those who did take the test but had a BAC of 0.8% or higher. Your license can be suspended for one year, starting 30 days after your arrest. The good news is that you have 30 days to file an appeal, something a skilled attorney can help you with. You will need to request a hearing when you file your 30-day notice.

Remember, this is a hearing, not a trial, and it will only cover the following:

• Whether the arresting officer(s) had reasonable cause to believe you were driving under the influence
• Whether you were involved in a crash that caused serious injury or death
• Whether the arresting officer(s) informed you of your rights when they requested a test
• Whether you refused the test
• Whether the test was administered correctly
• If you took the test, the results showed a BAC of 0.8% or higher if you are above 21, a BAC of 0.2% or higher if you are under 21, and a BAC of 0.4% or higher if you were operating a commercial vehicle.

People who refuse to submit to the test and who are facing their first administrative suspension will be able to get a limited-use driving permit while their license is suspended. This type of license will allow you to drive to work and/or school, drug or alcohol counseling, community service, and medical appointments. You can also use the permit to drive your immediate relatives to work, school, and medical care, as long as they do not have a valid driver’s license of their own.

If you attend DUI school, you will be eligible to get your license back after only 30 days.

Criminal Proceeding

Your criminal hearing is separate from your administrative hearing and will often take place in a different location with a different judge entirely. During this hearing, your criminal penalties will be decided. It’s important to make sure you are represented by a skilled attorney during these proceedings to help you reduce your fines and punishments.

It’s critically important that you show up for your criminal hearings on time and are dressed professionally.

What Are the Penalties for DUI in Georgia?

Penalties for a Georgia DUI largely depend on the number of prior defenses.

First-time DUI offenders face:

• 12 months probation
• At least 40 hours of community service
• Substance abuse counseling
• A minimum fine of $300
• Between one and 10 days in jail (this penalty is often waived)
• DUI school
• Driver's license suspension (limited permit to drive to work and/or school may be available)

Second-time DUI offenders face:

• Between 12 to 36 months probation
• 240 hours of community service
• Substance abuse counseling
• Suspended driver’s license — once your license privileges are reinstated, you will be required to install an ignition interlock device in your vehicle
• Fines between $600 to $1,000+
• Mandatory three days in jail followed by the potential of 90 days to 12 months
• DUI school

Third-time DUI offenders face:

• 12 to 36 months probation
• 240 hours of community service
• Substance abuse treatment
• DUI school
• 120 days to 12 months in jail with a minimum of 15 days served
• Driver’s license suspended for five years (interlock ignition available after two years)
• Declaration of Habitual Violator Status

Once you are charged with your fourth DUI in Georgia, you will be charged with a felony, and you will face:

• One to five years in prison
• DUI school
• Substance abuse counseling
• Drivers license suspended for 10 years
• Fines between $1,000 to $5,000
• 480 hours of community service
• A felony conviction on your record for life

People convicted of their first DUI when they are under the age of 21 will face:

• 24 hours to 12 months in prison
• 12 months probation less any time served
• Fines between $300 to $1,000
• 20 hours of community service
• DUI school
• Driver’s license suspended for at least six months. If your BAC was 0.8% or above at the time of your arrest, you will have your license suspended for 12 months.

People convicted of their second underage DUI will see their fines increase to $600 to $1,000, 72 hours to 12 months in jail, and at least 30 days of community service.

A third underage DUI offense is considered a “high and aggravated” misdemeanor and will result in $1,000 to $5,000 in fines, 15 days to 12 months in jail, and 30 days or more of community service.

A fourth underage DUI conviction is considered a felony and carries $1,000 to $5,000 in fines, 90 days to five years in prison, and at least 60 days of community service.

We Can Help

If you’ve recently been arrested for DUI in Georgia, our team of experienced attorneys can help you navigate the court proceedings ahead. Contact us today to learn more.