Georgia takes DUI charges seriously, and even first offense convictions can have lasting repercussions for your job, housing and ability to secure loans or credit.
Penalties for DUI conviction in Georgia increase with repeated offenses or certain circumstances such as having children in the vehicle, having a high BAC level, refusing a chemical test, or refusing a clinical evaluation. These factors could trigger additional punishment.
1. Underage Drinking and Driving
An alcohol or DUI conviction on one’s criminal record can have lasting repercussions for their entire lives, from making employment more challenging to car insurance premium increases and suspension of driving privileges for drivers under 21 years.
Underage drinking and driving remains an immense nationwide problem, though its incidence has decreased over the years. Still, three young people under 21 die daily as a result of alcohol-related vehicle accidents.
Zero tolerance laws are designed to discourage underage drivers from imbibing any alcohol before driving their vehicles. As part of a DUI investigation, underage drinkers typically must blow into a preliminary breath tester (PBT) in order to ascertain whether alcohol exists in their systems.
Many states have laws in place which penalise first time offenders with fines, community service requirements and/or alcohol rehabilitation classes for an initial offense of DUI underage driving. Studies show these laws reduce fatal DUI crashes by as much as 24%!
2. Refusal
Georgia and most states prohibit operating vehicles with blood alcohol concentration levels above the legal limit, which is measured using breath, blood and urine tests. If arrested for DUI and refusing a request for chemical testing under lawful circumstances, your driver’s license will be suspended immediately.
This suspension begins 30 days following your arrest and runs concurrent with any previous license suspensions you may have had. You have up to 30 days from when it begins to appeal against it.
People under 21 are often shocked to learn they can be charged with DUI even with a blood alcohol content (BAC) level as low as 0.08%. Even small amounts of alcohol can trigger this situation and young drivers often end up facing significant fines, jail time and probation orders as a result of drunk driving accidents. If you or a loved one has been involved in one, contact us immediately so one of our Atlanta DUI lawyers can help fight for justice and compensation on your behalf – our offices can be found all throughout Georgia!
3. Less Safe DUI
Georgia law recognizes DUI Less Safe as a separate charge to “per se” or blood alcohol limit DUI charges; instead, in a DUI Less Safe case the State will use circumstantial evidence such as an odor of alcohol, swaying when standing or walking, slurred speech and other physical manifestations to prove you were driving unsafely.
State authorities may use results of field sobriety tests administered by law enforcement officers such as horizontal gaze nystagmus, walk and turn, one-leg stand portable breath test or alcosensor to support their case against an individual accused of drunk driving.
If you are charged with DUI Less Safe in Georgia, an experienced Atlanta Criminal Defense Lawyer can help protect you from severe penalties and permanent records. Your attorney can request an administrative hearing to keep your driver’s license intact until the outcome of your case has been determined; however, criminal trial proceedings will still occur.
4. DUI with a Child in the Vehicle
Under Georgia law, any motorist found to have consumed alcohol while driving with children in their vehicle could face DUI charges and face additional consequences, including an investigation by Child Protective Services and Family Court proceedings if found guilty. Because this additional consideration, known as Leandra’s Law, makes hiring a criminal defense attorney immediately to defend you against this DUI accusation is essential to avoid serious consequences for the charge of DUI.
Less safe DUI laws are determined by traffic fatality and injury statistics which show a direct relationship between impaired driving and collisions. A person’s BAC exceeds legal limits when they exhibit symptoms such as slurred speech and red eyes that suggest being impaired while driving.
Assuming no child is present during their first misdemeanor DUI offense, they could receive up to six months in jail and pay a $1,000 fine. A second or subsequent offense within 10 years could carry a minimum sentence of 12 months in jail and maximum penalty of 24 months, plus probation, mandatory DUI school attendance, 240 hours community service work, clinical evaluation evaluation as well as any other requirements imposed by the judge.
5. DUI with a Felony Conviction
Georgia takes DUI offenses seriously, even first-time convictions. Penalties increase with subsequent offenses and certain circumstances such as refusing a chemical test; having children in the vehicle; exceeding 0.15 percent blood alcohol content or two prior DUI convictions within 10 years. A DUI conviction also leaves behind a permanent record that may impact future job prospects or lead to jail or house arrest sentences, so any disclosure on employment applications, housing applications and loan application forms will need to include this information.
Georgia state law also mandates jail time for DUI offenders in addition to fines. This can include county jail time, house confinement or wearing a GPS monitor; in many cases a judge will also impose probationary terms during which time drivers will need to install and maintain an ignition interlock device as part of probationary requirements. Any drug involved (be it illegal, over-the-counter or prescription) as well as any relevant circumstances will impact this punishment accordingly.
