The Official Code of Georgia Annotated (O.C.G.A) contains
several specific statutes referencing DUI offenses in Georgia.
Overall, a Georgia DUI consists of two different types of crimes:
DUI by being "Less Safe" (an impaired driver) by alcohol, or drugs;
DUI by a test result showing an unlawful blood alcohol level (or Blood Alcohol Concentration, BAC), now 0.08% in the state of Georgia.
The "less safe" provision of Georgia DUI statutes says that the State must prove alcohol and/or other intoxicants caused the driver to be 'less safe'. Being at or over the the legal limit of 0.08% raises the presumption of intoxication.
Georgia DUI Penalties
First Offense Georgia DUI Penalties
$300 - $1,000 fine
10 days in jail (with at least 24 hours actually being
served)
12 months probation
40 hours community service
Drivers license suspension for 12 months upon conviction
(early re-instatement possible for a work permit at the 120
day mark if you complete an approved Georgia DUI school and
pay the $200 dollar fee)
2nd Offense Georgia DUI Penalties
90 days in jail (with at least 72 hours being served)
$600 - $1,000 fine
240 hours community service
DUI School
Mandatory Alcohol Evaluation and Treatment
Driver license suspension for 3 years; no permit for 12
months; 6 month permit follows
12 months probation (must report)
You will get your picture published in the local newspaper
(photograph must be published in newspaper)
Ignition interlock device mandatory on all cars you own or
operate for 6 more months after 12 months with no permit;
may obtain limited driving permit for 6 months
What Happens if You Refuse A Chemical Test in Georgia ?
If you refuse to submit to a chemical test in the state of Georgia your GA drivers license will be suspended for a period of 12 months pursuant to Georgia Administrative License Suspension vehicle code 40-5-67.1 G for a 1st offense.
In either instance, whether you are found to have an unlawful blood alcohol concentration (BAC) or you refuse to submit to a chemical test your GA drivers license will be suspended as indicated above. In this instance you only have 10 business days from the day of the arrest to request a DMV Hearing to prevent the administrative license suspension (ALS) from occurring.
You do not need a lawyer to do this. You can simply follow the directions included in the paperwork you were given when you were arrested. The 10 day deadline is critical, you must schedule the hearing before this deadline to save your driving privileges. Normally, you can call the telephone number indicated on the temporary paper license (DMVS Form 1205) and schedule the hearing. Don't wait, do it right away.
