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Drunk Driving Laws Georgia

According to drunk driving laws of Georgia it is prohibited to be in actual control or drive a motor vehicle:

1. While they are under the influence of any kind of drug, controlled substance, or alcohol,

2. With a BAC or blood alcohol content of at least .08 percent. It is at least .04 percent when the driver is driving a commercial vehicle. If the driver is below 21 years, the BAC is at least .02 percent, or

3. With the presence of illegal drugs or marijuana in the driver’s urine or blood, or alcohol

In Georgia, drunk driving law states that a driver not safe to drive because of consuming drugs or alcohol is said to be “under the influence”. An individual may be also found guilty of a DUI per se when the alcohol level in the blood is at least .08 percent irrespective of actual impairment.

A driver who is less safe to drive due to alcohol or drugs is considered “under the influence.” A person can also be convicted of a per se DUI with a BAC of .08% or more, regardless of actual impairment.

Georgia Drunk Driving Laws

The DUI laws in Georgia lay down 2 different kinds of DUI charges against the drivers, which are as follows:

1. DUI: A driver is driving a motor vehicle while a police offer ascertains that the former is under the influence of drugs and/or alcohol.

2. “Per Se” DUI: The driver is driving a motor vehicle and the chemical test of breath or blood shows that the alcohol content in his/her blood is a minimum of .08 percent.

Punishment for drunk driving in Georgia

According to Georgia drunk driving law, there are two distinct penalties for DUIs in the state. The convicted has to face the consequence of license suspension and deal with the criminal case. The Georgia DDS or Department of Driver Services handles the license suspension of the convicted driver while the criminal courts in the state of Georgia take care of the criminal punishments. To cut it short, whatever occurs in the courts would not affect the status of the license for the driver and vice-versa. Both are independent of one another.

Possible consequences of DUI in Georgia

Courts in the state of Georgia can impose the following criminal penalties when a driver violates the drunk driving law of the state.

1. Public service

2. Prison time

3. Fines

Additionally, the DDS will impose administrative punishments such as revocation or suspension of the convicted driver’s license. It is to be noted that when the BAC is higher, the penalties will also become more severe. When a driver has been convicted multiple times, he/she may have to face more stringent sentences.
When a person is convicted of drunk driving in Georgia, it is for the court to ascertain the fine and the prison according to the statutory guidelines. All these guidelines define punishment ranges on the basis of how many previous DUI convictions were faced by the driver within the past 10 years.

Georgia Drunk Driving Laws

First-time offense
The convicted is penalized with a prison term of 10 days to 1 year. Also, the guilty have to pay a fine between 300 USD and 1000 USD.

Second-time offense
The guilty have to serve a jail term between 90 days to 1 year and a fine amount between 600 USD and 1,000 USD.

Third-time offense
If found guilty, the driver is punished with a jail term of 120 days to 1 year and a fine amount between 1,000 USD and 5,000 USD.


In Georgia, all DUI convicted is put on a 12 months’ probation period less than the amount of prison term. Prior to beginning probation, a driver convicted of a DUI charge should be put behind bars for a minimum period of 24 hours if it is a first-time offense. For a second offense, they have to stay at a jail for at least 72 hours and 15 days when the offense has been committed for the third time.

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