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DUI stands for driving while under the influence. You can be charged with a DUI whether you’re high, drunk, or taking some other kind of intoxicant and the penalties for a DUI in Georgia can be quite severe. In order to protect yourself from the law, there are a few things you’ll need to know.

What Is DUI in Georgia?

Each state has different definitions of what a DUI is and what the consequences of a DUI conviction are (more on those later). In Georgia, you can be charged with a DUI if you meet any of the following conditions:

• Driving with a blood alcohol content (BAC) of 0.08% or higher.
• Driving a commercial vehicle with a BAC of 0.04% or higher.
• Driving with a BAC of 0.02% or higher (if you’re under 21 years of age).
• Driving while under the influence of any illegal drug or controlled substance.

All it takes is one of the above conditions for you to be charged with a DUI in Georgia. If you satisfy more than one of those conditions, then the evidence against you will be even more severe, but you will not be charged with multiple DUIs for the same offense.

If you get drunk and drive later, however, that’s another DUI charge in the making.

The Two Types of Georgia DUI Consequences

In Georgia, not every DUI is treated the same. Depending on the circumstances before and after the arrest, you might end up with a less severe set of consequences than you otherwise may have faced. For example, many drivers only face a brief stint in jail, but—if the court decides to—the court is also authorized to execute an administrative suspension of your driver license.

Administrative License Suspension

An administrative license suspension is when the court orders the Department of Driver Services (DDS) to suspend your license. In the case of DUI charges, this occurs 30 days after the date of the violation whether your case has been resolved or not. In other words, you could lose your license without ever being found guilty of the criminal charges associated with the DUI.

To prevent this, you must send what’s known as a “30-day letter” appealing the suspension before it becomes a court order. Occasionally, it may be necessary to also schedule a civil hearing as part of that appeal.

Jail and a Criminal Record

In most cases, a conviction for a DUI in Georgia will result in you being sent to jail and obtaining a criminal record. The extent of that jail time and the other penalties associated with a criminal conviction for DUIs in Georgia varies depending on your previous record.

DUI Convictions

Like we said earlier, in Georgia, not every DUI is treated the same. Well, neither are their convictions. Depending on your past record (how many times you’ve been convicted of a DUI in the past), your behavior and court, and the skill of your lawyer, you could be facing more or less severe penalties.

First Conviction

For a first time conviction, you can expect to face the following penalties:

• Between $300 and $1,000 in fines.
• Between 24 hours and 12 months in jail.
• At least 40 hours of court-ordered community service.
• Court-ordered completion of a DUI Alcohol or Drug Risk Reduction school (a.k.a. DUI School).
• At least 12 months probation (may be supervised or not, but will likely include random drug and alcohol screenings).

For each additional DUI conviction in Georgia, you risk facing even more severe mandatory minimum penalties.

Second Conviction Within 5 Years

If the judge went easy on you your first time around, they’ll likely not be as lenient if they ever see you again. When convicted of a second DUI within five years, you may face the following penalties:

• Between $600 and $1,000 in fines.
• Between 72 hours and 12 months in jail.
• At least 240 hours of court-ordered community service.
• Court-ordered completion of a DUI school.
• Court-ordered completion of a substance abuse evaluation.
• Court-ordered completion of any recommended substance abuse treatments.
• At least 12 months probation (may be supervised or not, but will likely include random drug and alcohol screenings).
• Additional $25 fee to finance the publication of your photograph in your county newspaper.
• Court-ordered surrender of any license plates to any vehicle registered in your name.

Second Conviction Within 10 Years

The penalties for being convicted of a second DUI in Georgia within 10 years are slightly less severe than the penalties for being convicted thereof within only 5 years. Here they are:

• Between $600 and $1,000 in fines.
• Between 72 hours and 12 months in jail.
• At least 240 hours of court-ordered community service.
• Court-ordered completion of a DUI school.
• Court-ordered completion of a substance abuse evaluation.
• Court-ordered completion of any recommended substance abuse treatments.
• At least 12 months probation (may be supervised or not, but will likely include random drug and alcohol screenings).

Third Conviction Within 5 Years

A third violation of DUI laws in Georgia within five years will result in the charges being upgraded from an ordinary misdemeanor to a high and aggravated misdemeanor. This upgrade in terminology comes with a similar upgrade in penalties, as listed below:

• Between $1,000 and $5,000 in fines.
• Between 15 days and 12 months in jail.
• At least 240 hours of court-ordered community service.
• Court-ordered completion of a DUI school.
• Court-ordered completion of a substance abuse evaluation.
• Court-ordered completion of any recommended substance abuse treatments.
• At least 12 months probation (may be supervised or not, but will likely include random drug and alcohol screenings).
• Additional $25 fee to finance the publication of your photograph in your county newspaper.
• Government confiscation of your vehicle.

If the government confiscation of your vehicle would result in the infliction of hardship on a member of your family, you may be eligible to apply for the title of the vehicle to be transferred to another member of your family instead.

Third Conviction Within 10 Years

Just like a third violation within five years, a third violation of DUI laws in Georgia within 10 years will result in the charges being upgraded from an ordinary misdemeanor to a high and aggravated misdemeanor. This upgrade in terminology comes with a similar upgrade in penalties, as listed below:

• Between $1,000 and $5,000 in fines.
• Between 15 days and 12 months in jail.
• At least 240 hours of court-ordered community service.
• Court-ordered completion of a DUI school.
• Court-ordered completion of a substance abuse evaluation.
• Court-ordered completion of any recommended substance abuse treatments.
• At least 12 months probation (may be supervised or not, but will likely include random drug and alcohol screenings).

The judge has the privilege of determining whether to suspend half of the fine if you complete a court-approved alcohol or drug treatment program.

Felony DUI Charges in Georgia

In a few circumstances, a DUI in Georgia might be considered a felony, which carries even more severe consequences than those misdemeanors described above. Here are a few of those circumstances:

• Being convicted of a fourth or subsequent DUI charge within 10 years of the first one.
• Attempting to evade an officer while committing a DUI violation.
• Causing serious injury or death to another person (including an unborn fetus) during the commission of a DUI violation.

Can I Refuse a Breathalyzer Test?

Georgia has what is called an Implied Consent Law. Georgia’s Implied Consent Law states that anybody who willingly operates a vehicle in the state consents to allow law enforcement officers to test their blood, breath, or urine for the presence of drugs or alcohol.

In other words, you cannot legally refuse to take a breathalyzer test in Georgia. If you have more questions about DUI laws in Georgia or if you have received a ticket for a DUI violation, download the WinIt app and speak to expert traffic lawyers in your county today.