Drunk driving in the US is a serious offense, and it is no different in the state of Georgia. As leading personal injury lawyers, we have dealt with our share of car accidents; as such, we want to use this opportunity to educate our readers on the laws and penalties so they might think twice before getting behind the wheel while intoxicated.
This article explores the blood alcohol level thresholds, the penalties for both first-time and repeat offenses, and the significant impacts these charges can have on your life. Additionally, it outlines potential defenses against drunk driving charges, particularly in cases of law enforcement mismanagement. Finally, it delves into drunk driving from a personal injury perspective, offering guidance for those affected by another driver’s negligence.
What Constitutes Drunk Driving in Georgia?
In Georgia, driving while intoxicated is listed as “driving under the influence” (DUI). GA Code § 40-6-391(a)(1) states:
“(a) A person shall not drive or be in actual physical control of any moving vehicle while:
1. Under the influence of alcohol to the extent that it is less safe for the person to drive;”
In Georgia, an officer may initiate a traffic stop because of suspicious driving or at a designated sobriety check stop. You may be asked to perform a field sobriety test, which includes a series of mental and physical tests to determine your level of intoxication. These tests are voluntary during a traffic stop; if you refuse, though, you may be arrested and then asked to submit to a chemical test. If you refuse a chemical test, the penalties can be severe, such as a one-year license suspension.
During a chemical test, a person’s intoxication is measured by the blood alcohol concentration (BAC) in the driver’s system. This is most often done through a breathalyzer test, either at the traffic stop or later at the station. In some cases, a urine test may also be administered.
Georgia uses different BAC levels to assess a driver’s impairment. For most drivers aged 21 and older, a BAC of 0.08% or higher constitutes a per se violation, meaning they are automatically considered to be driving under the influence, regardless of their driving behavior. However, the threshold is stricter for certain categories of drivers:
- Commercial Drivers: A BAC of 0.04% or higher is considered illegal.
- Underage Drivers (Under 21 Years Old): A BAC of 0.02% or higher triggers a DUI charge due to Georgia’s zero-tolerance policy for underage drinking.
However, it’s important to reiterate that an officer can make an arrest even without a chemical test. In Georgia, there is something often referred to as a DUI “Less Safe” charge, given even if the driver’s BAC is below the legal limit or not tested. This is because the law clearly states “to the extent that it is less safe.” A “Less Safe” DUI can be established through three key types of evidence:
- Direct Evidence: This includes observations of unsafe driving behavior, such as involvement in an accident or instances of swerving or weaving.
- Circumstantial Evidence from Field Sobriety Tests: Results from standardized field sobriety tests may suggest impaired driving ability.
- Circumstantial Evidence from the Driver’s Condition: This involves noticeable signs of impairment, such as the smell of alcohol, unsteady movements, stumbling, staggering, or slurred speech.
These limits account for different levels of responsibility and impairment. Notably, drivers can still face DUI charges even if their BAC is below the limit of 0.08% (adult drivers), 0.04% (commercial), and 0.02% (under 21). This flexibility allows law enforcement to act in cases where alcohol or other substances impair a driver’s ability to operate a vehicle safely, regardless of BAC readings.
Penalties for DUI in Georgia
The penalties for a DUI are categorized by whether it is your first or a repeated offense. The severity of the punishment will understandably increase for each offense, resulting in anything from a fine to time in jail and loss of license.
There are other considerations, such as whether people were hurt or killed, whether property damage occurred, or if there were aggravating factors like having a minor in the vehicle or an exceptionally high BAC level. Below are the penalties for DUI offenses outlined in the Georgia Governor’s Office of Highway Safety.
What Happens for Your First DUI Offense?
When a driver is given their first DUI, the penalties are based on financial, criminal, and administrative circumstances. Some conditions are universally mandatory, whereas your financial situation and the severity of the offense might influence others. Below are the most frequent penalties for first-time offenders.
- Criminal Penalties: You may face a fine ranging from $300 to $1,000, 24 hours to 12 months of jail time, and probation for up to 12 months. Completion of at least 40 hours of community service is also typically required.
- License Suspension: Your driver’s license may be suspended for up to 12 months. However, you may be eligible for a limited driving permit under certain conditions.
- Mandatory Programs: Participation in a DUI Alcohol or Drug Use Risk Reduction Program is required. This consists of an assessment and a 20-hour intervention course.
- Other Costs: You may also be required to install and maintain an ignition interlock device for six months, depending on your blood alcohol level at the time of arrest or other aggravating factors
What Happens for Your Second DUI Offense?
A second DUI offense in Georgia, within five years of the first offense, carries stricter penalties, including:
- Criminal Penalties: A minimum mandatory jail sentence of 48 hours, potentially for 90 days to one year. Fines range from $600 to $1,000.
- License Suspension: Your license will be suspended for three years. Reinstatement requires a $210 fee and compliance with specific conditions.
- Community Service: Offenders must complete a minimum of 30 days of community service.
- Mandatory Programs: A clinical evaluation is required, along with completion of a substance abuse treatment program if recommended.
- Additional Requirements: Completion of a DUI Alcohol or Drug Use Risk Reduction Program is mandatory.
What Happens for Your Third DUI Offense?
A third DUI offense, also within five years of the second offense, results in severe penalties and is classified as a high and aggravated misdemeanor:
- Criminal Penalties: A minimum mandatory jail sentence of 15 days, with the potential for up to 12 months. Fines range from $1,000 to $5,000.
- License Revocation: Your license will be revoked for five years. Reinstatement requires satisfying all conditions, including fees and program completion.
- Community Service: At least 30 days of community service is mandatory.
- Public Notice: Offenders’ names, photos, and addresses will be published in the local newspaper at their expense.
- Habitual Violator Status: Being declared a habitual violator will result in the seizure of your vehicle’s license plate, which will be forwarded to the Department of Motor Vehicle Safety.
- Mandatory Programs: A clinical evaluation and any recommended substance abuse treatment program must be completed in addition to the DUI Risk Reduction Program.
What Makes a DUI an Aggravated Offense?
Some factors can turn a DUI into an aggravated offense, leading to much harsher consequences. These include:
- Aggressive Driving: If you drive in a way that annoys, harasses, intimidates, or obstructs others, it’s considered a high and aggravated misdemeanor. This adds six points to your driver’s license record, putting you closer to suspension.
- Driving with Minors: Driving under the influence with a child in the car is taken very seriously and will lead to stricter penalties.
- High BAC Levels: If your blood alcohol concentration (BAC) is significantly above the legal limit, you could face additional consequences.
- Injury or Death: Accidents causing injury or death while driving under the influence are among the most severe aggravating factors.
What Are the Penalties for Aggravated DUI?
If you’re convicted of an aggravated DUI, the penalties are much tougher than for a standard DUI. You might face:
- Longer Jail Time and Higher Fines: Jail sentences are extended, and fines can go over $10,000.
- License Suspension or Revocation: Your license could be suspended for an extended period or even permanently revoked.
- Mandatory Programs: You’ll need to complete a DUI Risk Reduction Program and a clinical evaluation. If treatment is recommended, you’ll have to follow through with it.
Why You Should Take These Charges Seriously
An aggravated DUI charge can have serious, lasting effects. From serious jail time to steep fines and losing your license, these overwhelming consequences can dramatically disrupt a person’s life. Having a trusted legal professional by your side can help you understand your options and work toward the best possible outcome.
How to Defend a DUI Charge
In some cases, a Georgia DUI charge can be brought down to reckless driving if certain conditions are not met. Officers are trained and required to adhere to strict guidelines while performing a traffic stop, sobriety test, and arrest. If any of these conditions are carried out improperly, say, using faulty equipment or forcing a field sobriety test under duress, there is a defense to be made.
Factors like being overweight or elderly can affect a person’s ability to perform field sobriety tests such as walking in straight lines and standing on one foot. There are many aspects to consider. So, if you feel your arrest was mishandled or have credible reason to challenge a DUI, you should seek proper legal representation as soon as possible to evaluate the case.
What if You are in an Accident with a Drunk Driver?
If you’ve been in an accident caused by a drunk driver, it’s important to know your rights and the steps you can take to seek justice. Drunk driving accidents often lead to serious injuries, emotional trauma, and financial burdens for the victims.
The top priority is always your safety and health. Seeking immediate medical attention protects your well-being and establishes documentation of your injuries, which is vital for any legal claims. After the accident, law enforcement will typically conduct tests to determine the other driver’s level of impairment, providing crucial evidence for your case.
Victims of drunk driving accidents have the right to pursue compensation for medical bills, lost wages, pain and suffering, and other damages. A personal injury lawyer can help gather evidence, such as the results of the driver’s sobriety tests, witness statements, and accident reports, to build a strong case on your behalf.
Drunk driving accidents often involve clear negligence, making it possible to pursue punitive damages in addition to compensatory ones. These are designed to punish the at-fault driver and discourage similar behavior in the future. Working with an experienced attorney ensures your rights are protected, and you have the best chance of receiving the compensation you deserve.
Stay Safe and Know the Consequences of Drunk Driving
The results of a DUI can be catastrophic for both the at-fault driver and anyone else impacted. Always keep in mind the dangers of driving while intoxicated, and take a moment to think of the lifetime consequences of one bad decision. If you are struggling with alcohol, try to seek out professional help or community support before the worst might happen. For people who have been injured due to drunk driving, The McGarity Group is here to help you gain the just compensation you deserve to better recover and carry on.
DUI FAQs
What is the legal limit for blood alcohol concentration (BAC) in Georgia?
In Georgia, the legal limit for BAC is 0.08%. If your BAC is at or above this level, you are considered legally impaired and can be arrested for DUI.
Are field sobriety tests mandatory?
No, field sobriety tests are not mandatory during a traffic stop. They are voluntary and designed to assess your level of impairment. If you refuse, you may still be arrested and required to take a chemical test at the station.
What is the punishment for drunk driving and killing someone in Georgia?
Causing a fatal accident while driving under the influence in Georgia can result in severe legal consequences, including long prison sentences, substantial fines, and potential civil liability. In some cases, it can lead to lifetime imprisonment.