Georgia DUI Law

Laws and penalties for DUI in Georgia.

In Georgia, you can get a DUI if you have a blood alcohol concentration (BAC) of .08% or higher within three hours of driving or being in physical control of a moving vehicle, regardless of whether your driving ability was actually impaired. However, a driver can also get a DUI for driving or being in physical control of a moving vehicle while impaired “to the extent that it is less safe for the person to drive” as the result of ingesting alcohol, drugs, toxic vapors, or any combination of these.

And the law in Georgia says that if you’re driving or in physical control of a moving vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Georgia and other details about Georgia DUI law.

In Georgia, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in Georgia, broken out by whether this is your first, second, or third DUI offense:

1st offense

2nd offense

3rd offense

Suspension of license for 1 year

Suspension of license for 3 years

Suspension of license for 5 years

In Georgia, when do police have to measure your BAC?

In Georgia, law enforcement officers are supposed to measure your BAC within three hours of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Georgia?

In Georgia, the maximum BAC for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%.

What are the minimum jail times for a DUI in Georgia?

Here are the minimum jail times for a DUI in Georgia, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

24 hours

3 days

15 days; punishable as a felony

How long will prior DUI convictions remain relevant for sentencing purposes in Georgia?

In Georgia, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for ten years.

Can a DUI be “pleaded down” to a "wet reckless" in Georgia?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in your state. If you are interested in contacting a lawyer to assess your options, you can find a Georgia DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in Georgia?

Yes, for a second offense within five years, for a period of at least one year.

Where can I get more information about DUI laws in Georgia?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Georgia DUI attorneys in your area.

Last updated on 09/01/2010.

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