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Georgia DUI State Law

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Georgia DUI Laws

Georgia's Implied Consent Law
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

Georgia DUI laws are complex. Hiring just any attorney to handle your case is not enough. Since the laws are complex and the Georgia DUI penalties so hefty, you need to contact a professional, specialized Georgia DUI lawyer to handle your case.

Georgia Less Safe Driver and Per Se Laws

Under Georgia DUI laws, there are two ways that the police can charge you and you face conviction of DUI: less safe driver or per se.

Less Safe Driver:

This person is proven to be under the influence of alcohol, drugs, glue or other items and as a result is less able to drive safely. The officer in the case often testifies that you may have a physical appearance that is telling or that they smelled alcohol on your breath. Slurred speech, unsteady feet or unsafe driving movements also count.

Per Se:

The blood alcohol level attributed to you from a chemical test is higher than the legal limit. The 0.08 blood alcohol level is considered to be legally drunk. However, a jury can convict a person who has a 0.05 percent blood alcohol level if it interferes with their driving ability. More so, you DO NOT need to have a blood alcohol test to be convicted of drunken driving.

If your blood alcohol level is .15 percent or higher, this warrants additional penalties. You could receive double the fines listed below, depending on which offense this is.

Implied Consent Laws in Georgia

Georgia's implied consent laws apply to anyone who drives in the state. If you do, and a police officer requests that you submit a chemical test (breath, blood or urine) you must comply under this law.

If you refuse, your license will be suspended for a full year, automatically.

Georgia DUI First Offense Laws:

If you are convicted of a first offense of violation of Georgia's DUI laws, you could face the following penalties:

  • A Fine of $300 to $1000 plus statuary surcharges.
  • 10 days to 12 months of JAIL TIME, a mandatory 24 hours must be served.
  • 40 hours of community service (20 hours for those under 21).
  • 1-year suspension of driver's license. You may be able to get your license back after 120 days IF you complete an alcohol risk reduction course.
  • Misdemeanor charge

Georgia DUI Second Offense Laws:

Georgia has a DUI look back period of 5 years. Two convictions within that five year period constitute a second offense. Georgia DUI penalties for second offenses include:

  • Fine of $600 to $1000 plus statutory surcharges
  • 90 days to 12 months JAIL TIME. Three days minimum must be served. Probation may be offered.
  • Community service of 30 days.
  • 3 years of driver's license suspension. During the initial 12 months, no limited permit is offered. After that, up to 18 months may be offered a hardship license if an ignition interlock device is used for six months.
  • License plate confiscation for all vehicles registered by the offender
  • Local newspaper publication of your name, photo and address, as well as details of the arrest is mandatory
  • Misdemeanor charge

Third Offense of Georgia DUI Laws:

A third offense within the same five-year period, will constitute the following Georgia DUI penalties:

  • Fine of $1000 to $5000 plus statutory surcharges
  • 120 days to 12 months of which all but 15 days may be suspended, plus at least 12 months probation
  • Community service of 30 days
  • Five-year revocation of license, documented as Habitual Violator. After 2 years, you may attend DUI School, complete an official assessment and counseling and use an ignition interlock device on your car.
  • License Plate Confiscation.
  • Photo Publication.
  • Misdemeanor charge

Hire a Georgia DUI Attorney


The Georgia DUI laws are incredibly tough on DUI offenders. If you are charged with DUI, contact a Georgia DUI attorney to aid in getting the charged dropped or reduced. These attorneys have been able to reduce jail time, fines and long-term suspensions.

Contact Georgia Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in Georgia:

  • Acworth
  • Albany
  • Alpharetta
  • Athens
  • Atlanta DUI Lawyers
  • Augusta
  • Columbus
  • Cumming
  • Dalton
  • Decatur
  • Douglasville
  • Duluth
  • Griffin
  • Hephzibah
  • Hinesville
  • Jonesboro
  • Kennesaw
  • Lawrenceville
  • Lilburn
  • Lithonia
  • Loganville
  • Marietta
  • Milledgeville
  • Moultrie
  • Newnan
  • Norcross
  • Powder Springs
  • Ringgold
  • Rome
  • Roswell
  • Savannah
  • Smyrna
  • Stockbridge
  • Stone Mountain
  • Suwanee
  • Tifton
  • Warner Robins
  • Woodstock
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