Georgia DUI Laws: What You Need to Know

Georgia DUI Laws: What You Need to Know

Being pulled over and arrested for driving under the influence (DUI) in Georgia is a serious matter with consequences that can follow you for years. Whether you were stopped at a checkpoint in Atlanta, pulled over on a county road in Gwinnett, or arrested after a traffic accident in DeKalb County, understanding Georgia's DUI laws is the first step toward protecting your future.

At J. Lee & Associates Law Group, our criminal defense attorneys have extensive experience defending clients against DUI charges throughout Georgia. This guide breaks down the key aspects of Georgia DUI law so you know what you are facing and what your options are.

Georgia's DUI Statute: O.C.G.A. § 40-6-391

Georgia's primary DUI law is found at O.C.G.A. § 40-6-391. Under this statute, it is illegal to drive or be in actual physical control of a moving vehicle while:

• Under the influence of alcohol to the extent that it is less safe for you to drive
• Under the influence of any drug to the extent that it is less safe for you to drive
• Under the combined influence of alcohol and drugs
• Your blood alcohol concentration (BAC) is 0.08% or higher (for drivers 21 and older)
• Your BAC is 0.04% or higher if you are operating a commercial motor vehicle
• Your BAC is 0.02% or higher if you are under 21 years of age
• There is any amount of marijuana or a controlled substance in your blood or urine

An important detail that many people miss: Georgia's "less safe" standard means you can be convicted of DUI even if your BAC is below 0.08%. If the prosecution can show that alcohol or drugs impaired your ability to drive safely, that can be enough for a conviction.

What Happens When You Get Pulled Over

Understanding the typical sequence of a DUI stop in Georgia can help you understand the evidence the prosecution may use against you.

The Traffic Stop

An officer must have reasonable articulable suspicion to pull you over. This could be swerving, speeding, running a red light, or even a minor equipment violation like a broken tail light. DUI checkpoints are also legal in Georgia under certain conditions established by the Georgia Supreme Court.

Field Sobriety Tests

If the officer suspects you are impaired, they will likely ask you to perform Standardized Field Sobriety Tests (SFSTs). These typically include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test.

Here is something critical: you are not required by Georgia law to perform field sobriety tests. These tests are voluntary, and refusing them cannot be used against you in court in the same way that refusing a chemical test can. However, the officer may still arrest you based on other observations.

The Implied Consent Notice

Under Georgia's implied consent law (O.C.G.A. § 40-5-67.1), if you are lawfully arrested for DUI, the officer will read you the implied consent notice and request that you submit to a state-administered chemical test of your blood, breath, urine, or other bodily substance. This is different from the preliminary breath test (PBT) given at the roadside, which is a separate, less reliable screening tool.

If you refuse the state chemical test, your driver's license can be suspended for one year under Georgia's administrative license suspension process, and the refusal can be used as evidence against you at trial. This is a critical decision point, and the consequences of refusal versus submission depend heavily on the specific facts of your case.

Penalties for DUI in Georgia

Georgia DUI penalties increase significantly with each subsequent offense. Here is what you face:

First DUI Offense

• Jail time: 10 days to 12 months (although judges often allow 24 hours in jail plus probation)
• Fine: $300 to $1,000 plus surcharges and court costs
• Community service: Minimum 40 hours
• Probation: Up to 12 months
• License suspension: Up to 12 months (limited driving permit may be available)
• DUI Alcohol or Drug Use Risk Reduction Program (DUI school)
• Clinical evaluation for substance abuse

Second DUI Offense (within 10 years)

• Jail time: 90 days to 12 months (minimum 72 hours mandatory)
• Fine: $600 to $1,000 plus surcharges
• Community service: Minimum 30 days
• License suspension: 3 years (limited permit may be available after 12 months with ignition interlock device)
• Publication of your photo and offense details in the local newspaper

Third DUI Offense (within 10 years)

• Jail time: 120 days to 12 months (minimum 15 days mandatory)
• Fine: $1,000 to $5,000 plus surcharges
• Community service: Minimum 30 days
• License revocation: 5 years (limited permit eligibility after 2 years with ignition interlock)
• Declared a habitual violator under Georgia law
• Newspaper publication

Fourth and Subsequent DUI Offenses

A fourth DUI within ten years is charged as a felony under Georgia law. Felony DUI carries one to five years in prison, fines of $1,000 to $5,000, and license revocation for five years. A felony conviction also has collateral consequences including loss of voting rights, difficulty finding employment, and potential immigration consequences for non-citizens.

The 30-Day Rule: Protecting Your License

One of the most time-sensitive aspects of a Georgia DUI arrest is the administrative license suspension. After your arrest, you have only 30 days to file an appeal of your license suspension or request an administrative hearing with the Georgia Department of Driver Services (DDS). If you miss this deadline, your license will be automatically suspended.

This is why it is so important to contact a Georgia DUI defense attorney immediately after your arrest. The 30-day clock starts ticking the moment you are served with the implied consent notice, and there are no extensions.

Common DUI Defenses in Georgia

Being charged with DUI does not mean you will be convicted. There are numerous legal defenses that an experienced Georgia DUI attorney can use to challenge the charges, including:

• Illegal traffic stop: If the officer lacked reasonable suspicion to pull you over, all evidence from the stop may be suppressed
• Improper field sobriety testing: Officers must follow strict protocols when administering SFSTs; deviations can undermine the results
• Breath test machine errors: The Intoxilyzer 9000, used in Georgia, must be properly calibrated and maintained; records can reveal issues
• Blood test chain of custody: Blood samples must be properly collected, stored, and transported; breaks in the chain of custody can render results inadmissible
• Rising blood alcohol defense: Your BAC at the time of testing may have been higher than at the time of driving due to the absorption curve
• Medical conditions: Certain conditions like GERD, diabetes, or neurological disorders can mimic signs of impairment or affect breath test results
• Improper implied consent warning: If the officer failed to read the implied consent notice correctly, test results may be excluded

DUI and Immigration Consequences

If you are not a U.S. citizen, a DUI conviction in Georgia can have devastating immigration consequences. While a simple first-offense DUI may not automatically trigger deportation, it can affect pending immigration applications, visa renewals, and naturalization petitions. Multiple DUI convictions or a DUI involving drugs can be classified as a crime involving moral turpitude or an aggravated felony, leading to removal proceedings.

At J. Lee & Associates Law Group, we understand the intersection of criminal defense and immigration law. Our attorneys work together across practice areas to ensure that your DUI defense strategy accounts for any potential immigration consequences.

What to Do After a DUI Arrest in Georgia

If you have been arrested for DUI in Georgia, take these steps immediately:

• Exercise your right to remain silent. Do not make statements to the police beyond providing your identification.
• Contact a DUI defense attorney within 24 hours. Remember the 30-day deadline to protect your license.
• Document everything you remember about the stop, the arrest, and any tests that were performed.
• Do not discuss your case on social media or with anyone other than your attorney.
• Attend all court dates and comply with any bond conditions.

Fight Your Georgia DUI Charge with Experienced Legal Representation

A DUI charge in Georgia is serious, but it is not the end of the road. With the right legal strategy, charges can be reduced, dismissed, or beaten at trial. The key is acting quickly and hiring an attorney who knows Georgia DUI law inside and out.

Contact J. Lee & Associates Law Group today for a free consultation. Our experienced Georgia DUI defense attorneys will analyze the evidence in your case, identify every possible defense, and fight aggressively to protect your driving privileges, your record, and your freedom. We serve clients throughout metro Atlanta and the state of Georgia.

Related Practice Areas: Criminal Defense | Defense Attorney | Immigration

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• Phone: (770) 609-9396
• Address: 1250 Tech Dr, Suite 240, Norcross, GA 30093
• Website: https://www.jlalawgroup.com

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