Georgia DUI Laws

Georgia dui laws are a bit unique in a couple ways.  The state of Georgia treats the crime of drunk driving, or DUI, DWI, driving under the influence as a very serious crime.  The cutoff BAC is .08% as other states.

Georgia’s dui laws presume that every driver has consented to a blood, breath or urine test upon request for suspicion of driving under the inlfluence (known as implied consent).  Failure to do so may result in a suspended license or revocation of driving privileges.

It seems that with each passing year DUI laws in Georgia keep getting tougher and tougher.  The aim is to “tie the hands” of each judge so that they have minimum sentencing requirements for persons convicted of drunk driving in Georgia. 

If you’ve been arrested for a DUI in Georgia it’s important that you get informed about your case and situation.  At the very least please meet with a Georgia DUI lawyer and at least discuss your options so that you know what you are facing.

For reference here are the specific Georgia DUI statutues:

O.C.G.A. 40-5-55:   (Implied consent to chemical tests.)

O.C.G.A. 40-5-57.1:   (Revocation of licenses of persons under age 21 for certain offenses; issuance of new license following revocation. )

O.C.G.A. 40-5-67:   (Seizure and disposition of driver’s license of persons charged with driving under the influence; issuance of temporary driving permit; disposition of cases. )

O.C.G.A. 40-5-67.1:   (Chemical tests; implied consent notices; rights of motorists; testresults; refusal to submit; suspension or denial; hearing and review. )

O.C.G.A. 40-5-67.2:   (Terms and conditions for suspension of license under subsection © of Code Section 67.1. )

O.C.G.A. 40-5-75:   (Suspension of licenses by operation of law for conviction of possession, distribution, manufacture, cultivation, sale or transfer of controlled substances or marijuana; or driving under the influence of the substance. )

O.C.G.A. 40-6-391:   (Addresses driving under the influence of alcohol, drugs or other intoxicating substances; penalties for first, second and subsequent convictions; child endangerment. )

O.C.G.A. 40-6-391.1:   (Nolo contendere pleas; requirement to attend an alcohol and drug course. )

O.C.G.A. 40-6-391.2:   (Seizure and forfeiture of a motor vehicle operated by habitual offender.)

O.C.G.A. 40-6-391.3:   (Penalty for conviction for driving under the influence of alcohol or drugs while driving a school bus. )

O.C.G.A. 40-6-393:   (Homicide by vehicle. )

O.C.G.A. 40-6-393.1:   (Feticide by vehicle. )

O.C.G.A. 40-6-394:   (Serious injury by vehicle )

 Please check back often as we will update this posting with the latest information as DUI Law in Georgia continues to evolve.