DUI & DWI in Georgia
If you've been arrested for drunk driving, you may feel embarrassment, stress, guilt, sadness, those are many of the emotions expressed to Georgia DUI attorneys. We understand; however, an arrest for drunk driving doesn't mean you're guilty or that you must receive the maximum penalties. In this article, we'll summarize:
- Georgia DUI Laws
- Georgia DUI Punishments
- Potential DUI Defenses
- Georgia's Other Drunk Driving and Alcohol Laws
- How to Find a Georgia DUI Attorney
When is a Driver Considered to be Legally Drunk in Georgia?
The Official Code of Georgia Annotated contains Georgia's drunk driving laws.
Here are the Georgia DUI laws in a nutshell:
- The BAC (blood alcohol content) for non-commercial drivers is .08. If you hit the .08 mark or higher, you're legally drunk.
- The BAC for commercial drivers is just .04.
- If you're under 21 years of age, it's illegal for you to drive with just .02 BAC or higher in your system. In addition, there will likely be underage drinking charges.
What is Georgia's Punishment for DUI Convictions?
We've listed the "normal" penalties for a Georgia drunk driving conviction below. If you drive with a child under the age of 14 in your car or you're driving a school bus, enhanced penalties apply.
- 1st DUI conviction = from 10 days to 12 months in jail - fine of $300 to $1,000 - driver's license suspension of 12 months- 40 hours of community service - DUI program
- 2nd DUI conviction within 5 years = 90 days to 12 months in jail - probation of 12 months less days served -$600 to $1,000 fine - at least 30 days of community service - revocation of driver's license for 3 years - DUI program - clinical evaluation- ignition interlock.
- 3rd DUI conviction within 5 years = between 120 days and 12 months in jail - probation of 12 months less days served - at least 30 days of community service - revocation of driver's license for 5 years - DUI program - clinical evaluation - vehicle is subject to forfeiture- ignition interlock.
Georgia Drunk Driving Defenses
Just because you're arrested for drunk driving doesn't mean you're legally guilty. You may be guilty of no crime - or you may be guilty of a lesser crime such as reckless driving. Your lawyer will investigate and analyze your case to put forth your best defenses. Be sure to consult with the Georgia DUI lawyer of your choice - www.attorneys.org.
For example, DUI defenses may be:
- The police had no reason to stop you.
- You weren't driving the car.
- Blood alcohol testing was faulty.
- Proper stop, testing, or arrest procedures were not followed.
- You were not read your rights and statements you made were introduced in court.
- Your BAC was rising and you weren't legally drunk when arrested.
Georgia's Other Drunk Driving and Alcohol Laws
Georgia's Dram Shop Act
It is a crime for a licensed drinking establishment to knowingly serve a visibly intoxicated or underage person and the establishment can be held liable for injuries to third persons or the minor.
Georgia's Providing Alcohol to Underage Persons Law
If you give or sell alcohol to an underage person in Georgia, you can go to jail, pay a fine, and get sued and lose everything you have.
- In Georgia, it's illegal to give or sell alcohol to underage persons. You can go to jail for up to 1 year and pay a fine up to $1,000.
- In addition, parents of underage persons, who were furnished with alcohol, have a cause of action against you.
How to Find a Georgia DUI Attorney
A DUI defense attorney may be able to get drunk driving charges reduced or dropped - or if you are convicted, minimize your sentence. To find a Georgia DUI lawyer, you can search our website, www.attorneys.org, or ask friends or the bar association for a referral.