Your DUI Attorney in Athens, GA

How Is DUI Defined in Georgia?

Georgia DUI laws are extensive and cover more than just drunk driving. Georgia DUI law is defined in the Official Code of Georgia Annotated 40-6-391. It states that a person cannot drive or be in actual physical control of any moving vehicle while under the influence of:

1. Alcohol: Driving when one’s ability to operate a vehicle is compromised due to alcohol consumption or when one’s blood alcohol concentration (BAC) is 0.08% or higher within three hours of driving.
2. Drugs: Operating a vehicle under the influence of any drugs that impair the driver’s ability to operate the vehicle safely.
3. Inhalants: Driving while intentionally influenced by toxic substances like glue, aerosols, or other vapors, which impede safe driving.
4. Combined Influence: Operating a vehicle under the simultaneous influence of multiple impairing substances listed above.
5. Marijuana or Controlled Substances: Driving with any detectable amount of marijuana or controlled substances in the bloodstream, regardless of alcohol presence.

Georgia’s DUI law is highly nuanced and often updated. Swingle Levin LLC is skilled in defending against DUI charges, ensuring your rights are upheld, and giving you a chance for a favorable outcome.

DUI Penalties in Georgia

The penalties for a DUI conviction can vary depending on the severity of the offense and the results of the breath or blood test. Georgia’s criminal justice system also considers prior DUI arrest or conviction history and numerous other factors for penalizing DUI offenders.

First Offense

In Georgia, although a misdemeanor, the penalties for a first DUI offense include the following:

• Fines ranging from $300 to $1,000.
• Suspension of driving privileges for up to 1 year.
• Potential jail time for up to 1 year.
• Twelve months probation, excluding the days already spent incarcerated.
• At least 40 hours of community service (a minimum of 20 hours of community service if the BAC is less than 0.08%).
• Clinical evaluation for substance abuse and completing a substance abuse treatment program if recommended.
• Participation and completion of Class DUI Alcohol or Drug Use Risk Reduction Program.

Second Offense

In most cases, a second offense for driving under the influence in Georgia is still considered a misdemeanor. However, the law in Georgia imposes the following possible consequences for a second DUI offense:

• Fines between $600 and $1,000.
• Suspension of driving privileges for 1-3 years.
• Jail terms of three months to a year with a mandatory minimum sentence of 72 hours.
• Twelve months probation, excluding the days already spent incarcerated.
• A minimum of 30 days’ worth of community service.
• Participation and completion of Class DUI Alcohol or Drug Use Risk Reduction Program.
• Clinical evaluation for substance abuse and completing a substance abuse treatment program if recommended.
• Installation of an ignition interlock device in the vehicle (for a second conviction within 5 years).

Third Offense

A third conviction on drunk driving charges in Georgia may still be considered a high and aggravated misdemeanor. However, a felony charge will be filed for a fourth conviction.

The consequences for a third DUI offense in Georgia might include the following:

• Fines ranging between $1,000 to $5,000.
• License suspension for 5 years– can obtain an ignition interlock device after two years.
• Jail terms between 120 days and 12 months, with a mandatory minimum sentence of 15 days in jail.
• Twelve months probation, excluding the days already spent incarcerated.
• A minimum of 30 days’ worth of community service.
• Participation and completion of Class DUI Alcohol or Drug Use Risk Reduction Program.
• Clinical evaluation for substance abuse and completing a substance abuse treatment program if recommended.

You could also be declared a habitual violator, subjecting you to increased punishments for future driving offenses.